DieTrollDie Podcast (2016-05) – “Don’t Be A Stain” – CEG-TEK/Rightscorp and Troll Lipscomb/X-Art





Hello everyone!  The world of BitTorrent (BT) Copyright Trolls is a busy one.  I’m sorry to say I have a hard time keeping up with all the scams, rulings, and other douche-bag moves the Trolls and their supporters keep making.  I apologize for the delay in getting this up, but the information is still good in my opinion.

For this DieTrollDie podcast, I have split it up into two separate recordings.  First one is in response to an increase in questions I recently received from people receiving settlement demand letters from CEG-TEK or Rightscorp.  The second audio file is a discussion concerning Troll Lipscomb/Malibu Media/X-Art attempt to dismiss the case against David Ricupero, 2:14-cv-00821 (SDOH).  Archive Docket  Def_OppositionDismiss_Doc80_00821(OH)

CEG-TEK / Rightscorp

Rightscorp messages #1, #2, #3, #4

Troll Lipscomb/Malibu Media v. Ricupero


After more than a year of motion practice and discovery, Plaintiff Malibu Media seeks dismissal of this action without condition pursuant to Fed.R.Civ.P. 41(a)(2). Malibu is moving to dismiss “because proceeding with this case is not economically justified,” i.e. the Defendant David Ricupero is broke. Plaintiff’s Motion to Dismiss, pp. 9, 13 (hereinafter “Motion to Dismiss”). Malibu’s position is disingenuous. Malibu was advised early and often that their claims were baseless [See e.g. Doc. 7]; that Ricupero had evidence of his innocence [See e.g. Doc. 70]; and that Ricupero, like most individuals, was of limited financial means [See e.g. Doc. 58 p. 10]. Ricupero specifically rebutted, under oath, Malibu’s allegations of infringement. Moreover, Ricupero has expended significant resources. Malibu’ explanation for needing to take a non-suit is inaccurate, as evidenced by Defendant’s Motion for Default Judgment [Doc. 78] and Defendant’s Motion for Summary Judgment [Doc. 79] showing that Malibu sought non-suit only after: failing to comply with the Court’s October 26, 2015 discovery order; completing their discovery of Ricupero; knowing a summary judgment motion was forthcoming [See e.g. Doc. 78 p. 4; Doc. 78-24 p. 4].

I expect the judge in this case is going to take his time and make sure there is no wiggle room for the Troll weasel its way out of this on appeal. Oh, I’m sure there will be an appeal. Troll Lipscomb is too far into the greed to stop now.

Last Note: I also wanted to point out that for the people affected by Dallas Buyers Club, Cobbler Nevada, or other Voltage pictures Trolls, please take a read of attorney John Whitaker’s article entitled, “Dallas Buyers Club & Cobbler Nevada: Sample Pro Se Answer.

It gives some very good insight into why this particular Troll is sending out “waiver of Service” form and why you may want to sign it.  Each case is different in my opinion, so please do your research prior to decided to sign or not to sign.  We have seen previous Trolls attempt to use this form to force settlements with only limited success.


“The mind can go either direction under stress—toward positive or toward negative: on or off. Think of it as a spectrum whose extremes are unconsciousness at the negative end and hyperconsciousness at the positive end. The way the mind will lean under stress is strongly influenced by training.” {Dune, Frank Herbert}

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DieTrollDie Podcast (2016-04) – “Better Call Lipscomb” – Motion For Default Judgment (Malibu Media LLC), 2:14-cv-00821(OH)





Hello everyone!  Much has been happening lately concerning BitTorrent (BT) Copyright trolls.  SJD at has been keeping us all up to date.  Thanks! For this DieTrollDie podcast, I will briefly go over some of the recent BT Troll activity.  My main point of discussion is DEFENDANT’S MOTION FOR DEFAULT JUDGMENT WITH PREJUDICE PURSUANT TO FRCP 37; Malibu Media, LLC v. David Ricupero, 2:14-cv-00821 (SDOH).  Archive Docket    Motion_Default_FRCP37_Doc78_00821(OH)   Fightcopyrighttrolls Article

7 Mar 16 Update – Here is a Fightcopyrighttrolld article on how Troll Lipscomb want to cut and run from this case.   Defendant opposes Malibu Media’s brazen attempt to cut and run without compensating wrongly accused   The reason???  Argumentum Ad Ignorantiam (an argument from ignorance) – 302702957-OHSD-14-cv-00821-Doc-80

 A court must temper a plaintiff’s right to voluntary dismiss by imposing consequences when it used not in good faith, but rather as a tactical tool to frustrate due process and in such a way that it prejudices a defendant’s rights. See e.g. Collins v. Warden, London Corr. Inst., No. 12-cv-1093, 2014 U.S. Dist. Lexis 72643 (S.D. Ohio May 28, 2014). The fact that Malibu can unilaterally terminate the action under Rule 41(a) does not mean that it should not be held accountable for what occurs in that action. River City Capital, L.P. v. Bd. of County Comm’rs, 491 F.3d 301, 310 (6th Cir. Ohio 2007); Cooter & Gell, 496 U.S. at 397-98. As the Supreme Court has recognized, the purpose of the Rule 41 provisions regarding voluntary dismissal without prejudice is to “curb abuses of the judicial system,” and the policies behind Rule 41 are “completely compatible” with the policies of other Federal Rules whose violation may bring sanctions or impose penalties. Id. at 397. WHEREFORE Ricupero respectfully requests this Court dismiss Malibu’s claims with prejudice pursuant to either the Court’s discretion, Defendant’s Motion for Default Judgment [Doc. 78] or Defendant’s Motion for Summary Judgment [Doc. 79].


Plaintiff Malibu Media LLC refused to produce the only probative evidence it claimed would support liability. When ordered to produce the evidence Malibu Media denied any order had issued. After discovery closed Malibu Media represented that it is contractually prohibited from obtaining and producing the evidence. Malibu Media compounded its intentional failure to meet its discovery obligations with a cascade of belated requests for extensions, unequivocally false statements to the Court and Defendant David Ricupero, and other dilatory and obstructive tactics. While forced to incur costs in his defense, Ricupero was irreparably prejudiced by Malibu Media’s unmitigated failure to provide him with the facts behind this action. He therefore requests the sanction of dismissal with prejudice.

The Motion in my opinion shows the TRUE nature of the Trolls and efforts.  This is NOT a one-off incident, it is the standard operating method for a scum-bag copyright monetization business model (my opinion).

As always, feedback and comments are greatly appreciated.

Articles & Documents

New BT Copyright Trolls

  • Fathers and Daughters Nevada LLC
  • QOTD Film Investment (Queen Of The Desert)
  • PTG Nevada LLC (Pay The Ghost)

Additional information on these and other BT Copyright Trolls can be found at the Antonelli Law blog – Torrent Defenders

DMCA Take Down Attempts Against &

Not sure who filed these DMCA Take Down notices/Legal Complaint with Google (Lumen redacted that information), but it is marked “International.” Stupid Trolls.



Fightcopyrighttrolls Articles

Yet another proof that X-Art doesn’t care about reducing piracy as much as about shaking down alleged file-sharers  The defendant claims to be an X-Art subscriber. The troll’s cases is based on a claim that the Defendant was not authorized to download/share the movie(s) via BT and that their agent collected a small amount of data from the Defendant. If Defendant’s claim is true, Troll/Plaintiff has ZERO evidence to show and illegal transfers of data took place.

Copyright trolls hit a new low: Keith Lipscomb wants to depose defendant’s teenage daughter in a porn case   What is a Troll to do when they cannot find evidence showing X-Art movies on the Defendant’s hard drives???  Hell, lets depose his teenage daughter in hopes asking her about barley legal porn downloads gets a settlement or walk-away deal. @$$hat alert

A model Answer to Malibu Media’s frivolous complaint   Welcome back Nicholas Ranallo!  CA Doe Defender files an Answer to Malibu Media’s allegation of BT Copyright Infringement. Attorney Ranallo understands Troll Lipscomb/Malibu media’s weak spot – DISCOVERY.  Discovery is that two-way street Troll Lipscomb likes to claim is only one-way – his way. Pay particular attention to the jointly filed Case Management Report – CaseMgtReport_Doc31_04152(CA).  There isn’t an area that Troll Lipscomb/Malibu media is going to be able to hide from.


Gorobei Katayama: “Why didn’t you build a fence there?”   Kambei Shimada: “A good fort needs a gap. The enemy must be lured in. So we can attack them. If we only defend, we lose the war.”  {Seven Samurai, 1954, Akira Kurosawa}

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DieTrollDie Podcast (2016-03) – BT Copyright Troll Activity (and Marc Randazza), 12 Feb 2016

Randazza_DMCA_XbizFor this DieTrollDie podcast, I decided to go over briefly some of the recent BitTorrent Copyright Troll activity.  In addition, I discuss a recent Arstechnica article concerning a DMCA take down notice against Fightcopyrighttrolls. The DMCA notice was filed by Marc Randazza on behalf of Xbiz and was for a story about Mr. Randazza. I will have links and document following the podcast.

As always, feedback and comments are greatly appreciated.

Articles & Documents

Dallas Buyers Club in AustraliaDBC gives up on iiNet piracy case.

Michael Bradley, the managing partner of DBC LLC law firm Marque Lawyers, told iTnews the company would not make any further applications in the case after its bid to access the details of 4726 alleged pirates was blocked in the federal court.

In December, Justice Perram said DBC LLC had failed to prosecute its case to access the details.

I expect the Trolls to revisit the AU courts, but with something much smaller than trying to obtain ISP subscriber information on 4726 alleged pirates.

Malibu Media/X-Art Loses a Summary Judgment In IL, 1:13-cv-06312 (Archive Docket)

This is a devastating setback for Malibu Media/X-Art/Troll Lipscomb. The judge ruled in favor of the Defendant, stating Plaintiff did NOT show Defendant was the infringer. Hopefully the cost will award reasonable attorneys fee to the Defendant.  This case started in September 2013 and there has been over 180 document filings – the costs could be fairly large.

Malibu has presented no evidence that any part of its works was found on Doe’s computers or other electronic devices that Malibu subjected to forensic examination. In addition, Doe’s statement of undisputed facts includes the statement, “There are no copies of any of Malibu Media works on any of Doe’s devices.” [Dkt 153 ¶ 5.] Malibu responds simply, “Disputed,” without citing anything in the record to support that statement. [Id.] That fact is, therefore, deemed admitted. Fed. R. Civ. P. 56(e)(2); N.D. Ill. L.R. 56.1(b)(3)(B); Cracco v. Vitran Exp., Inc., 559 F.3d 625, 632 (7th Cir. 2009) (“When a responding party’s statement fails to dispute the facts set forth in the moving party’s statement in the manner dictated by the rule, those facts are deemed admitted for purposes of the motion.”).

Fightcopyrighttrolls Article

Malibu Media v John Doe (ILND 13-cv-06312) is one of the most advanced and eventful cases. I wrote about it on more than one occasion. It even made headlines in the tech media because of an apoplectic, full of misinterpretations Malibu’s motion for protective order that labeled our community “Fanatical Internet Hate Group.”

Today Judge Geraldine Soat Brown ruled on two motions for summary judgment: one by Malibu, the other by the defendant, denying the former and granting the latter.

Previous DTD Article on Patrick Paige – NEVER CONVICTED

Doe Defender John Whitaker files Amicus Brief in WA BitTorrent Copyright Troll CaseArchive Docket 2:14-cv-01819  (Dallas Buyers Club, LLC v. Does 1-10, 2:14-cv-01819 (WAWD)

The Amicus Brief and Supplement was filed in a Dallas Buyers Club case in which the Troll had motioned the court for a default judgment against a non-responsive Defendant.

Areas covered in the Amicus Brief

  • US Department of Commerce’s Report (concerning Statutory Damages)
  • The “Actual” harm from a non-commercial instance of BT copyright infringement
  • Material facts of the case
  • Plaintiff’s attorney fees
  • Proposal for a standard “Default Judgment” award

Undersigned counsel recommends that an injunction combined with a $1,250 monetary award would be sufficient at the pleading stage. That award represents the statutory minimum of $750 combined with an attorneys fees award of $500, which should be adequate given the boilerplate nature of Plaintiff’s complaint and other initiating documents. Obviously, such an award is likely inappropriate for any case that proceeds past the pleading stage. However, when faced with the daunting spectre of financial ruin that can result from protracted Federal litigation, an early resolution on known terms can adequately address the compensatory and deterrent requirements of a judgment while maintaining a semblance of fairness.

WA Court Tell Copyright Troll to “Put Up Or Shut Up.”  Dallas Buyers Club: Court Orders Case to Move Forward   DBC_Order_ Doc38_01336(WA)

The judge in this case (actually 10 cases) is clearly not impressed with the Troll and his lack of real action to move these case forward. He revoked the previous authorization to conduct Rule 45 subpoenas/depositions. He then gave the Troll  30 days to amend the complaints with named Defendants (the remaining Does) and then another 60 days to serve the Defendants with a complaint/summons. So now the Troll has to decide if it is worth moving forward or simply running away.

Plaintiff may strongly prefer prosecuting its action in the manner it has done thus far, but the Court is not inclined to permit the status quo to proceed. Although there may be advantages to proceeding via Rule 45 subpoenas, so too are there advantages to proceeding by actually naming and serving defendants. In fact, the Court believes that many of the advantages of Rule 45 subpoenas advanced by Plaintiff are shared with naming subscribers as defendants.

Paul Hansmeier (Prenda Law) Bankrupcy Order – “Liar Liar Pants On Fire”

FreshStart_HansThis one is just plain FUNNY to read.  The court in no uncertain terms call Paul Hansmeier a liar and that he cannot be trusted. Paul Hansmeier was trying to delay the conversion of his Chapter 13 bankruptcy case to a Chapter 7, pending an appeal. The judge said, “NO.”  Suck it Paul!    mnd-15-42460-doc-110(1)

On December 3, 2015, the court converted the debtor’s chapter 13 case to a case under chapter 7 pursuant to 28 U.S.C. §§ 1307 and 1325(a)(7). The court found cause to convert due to the debtor’s continuing pattern of misrepresent action to courts prepetition and postpetition. Postpetition, the misrepresentations include his failure to disclose significant transfers of assets, failure to disclose assets, failure to disclose living expenses, failure to file a § 363 motion to sell his residence for $1.2 million in cash until caught by the Chapter 13 Trustee, and failure to disclose significant general unsecured claims. The debtor appealed the conversion order and filed this motion for a stay pending appeal.

How NOT To Use a DMCA Notice – Marc Randazza

Arstechnica Article – Embattled copyright lawyer uses DMCA to remove article about himself (Marc Randazza tells WordPress that the unflattering story “is not fair use.”)

Well-known copyright lawyer Marc Randazza used the Digital Millennium Copyright Act (DMCA) to delete an online article about a dispute between his former employer and himself.

Randazza says he sent the notice on behalf of, a porn-industry news site that he represents. Last July, Xbiz published an article about Randazza’s legal dispute with a former employer, gay porn publisher Liberty Media. The brouhaha with Liberty Media was also featured here at Ars in a story titled “Bribery, gay porn, and copyright trolls: the rise and fall of lawyer Marc Randazza.” It describes how an arbitrator found that Randazza—the Nevada lawyer once championed for helping bring down copyright troll Righthaven—solicited a bribe in a bid to settle a copyright case for Liberty. Randazza soon found himself under investigation by the State Bar of Nevada.

blog called Fight Copyright Trolls (FCT) mentioned the arbitration award as well. The blog’s owner, who goes by “SJD,” also noticed that the Xbiz article had been changed—but he had kept an original copy, saved and published as a PDF file on his site. On Feb. 1 nearly seven months after the FCT blog published the Xbiz article and related commentary, SJD was on the receiving end of Randazza’s copyright takedown request. The FCT blog had re-published the entire Xbiz story, and Randazza claimed that made it a piratical, infringing copy.

Here is a copy of the DMCA Notice and the email chain between WordPress and Randazza. You tell me what you think. Was Randazza abusing his position at Xbiz to get the Unedited/Original story off the Internet???  DMCA_2518583_Jan2016_Randazza

I did a quick search of Chilling Effects/Lumens database and did not see any notices filed on behalf of Xbiz (Adnet Media d/b/a) for people reposting their articles.  I do see multiple DMCA take down notices filed on behalf of Marc Randazza for pictures and stories –  Tell me what you can find.


“[P]art of his settlement offer was to pay us $20,000 per bar license he is able to keep from having suspended/disbarred,” [Liberty Media COO Brian] Dunlap said. “In other words, he offered us a bounty on his bar licenses — we’d get more of the award if we did not cooperate with bar investigators or send follow–up complaints.”

“In his attorneys’ own words, they said they expect suspension/disbarment in [Florida], so we could expect $80,000 if none of the other four bars took action. We refused this offer because it was insulting, it was unethical — an attorney cannot offer such a bounty on their license — and because we know most all bars use reciprocal discipline — if one suspends/disbars, the others usually do as well.”   {Two deleted Paragraphs from the original Xbiz article, Corbin Fisher Awarded 600k Randazza to Challenge Interim Arbitration Decision, 14 Jul 15}


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DieTrollDie Podcast (2016-02) – BT Copyright Troll Depositions

BuddyC_Lawsuit1Welcome to another DieTrollDie podcast. On this podcast, I’m going to talk about BitTorrent Copyright Troll Depositions and what to expect.  This is a follow-on to my previous podcast where I talked about Troll David Lowe had asked the WA court to allow him to depose unresponsive ISP subscribers. The court has not come back with a decision (as of 14 Jan 16).

Bottom line: A deposition is a serious matter and I would not recommend going into one unprepared – even if innocent. The Troll attorney is not your friend, he works for the Plaintiff (copyright owner), and they both want settlements to be paid.

For this discussion, I decided to use a real BT Copyright Troll case from California as an example. The case is Dallas Buyers Club v. Doe (IP address, 3:15-cv-02033, Southern District of CA, filled on 11 Sep 15.  The Troll attorney is James Stephen Davis, Chula Vista, CA.

The ISP subscriber replied to the Troll’s letter and told him he didn’t have a computer and didn’t do this. The ISP subscriber told the Troll that his roommate was the one with a computer, but the ISP account was in his name. The ISP subscriber refused to give the Troll the name of the roommate and the Troll eventually motioned the court to depose both parties.  The court denied the request for FRCP 45 subpoena/deposition and told the Troll he could still name the ISP subscriber and move ahead with Discovery.  The Troll amended the complaint with the name of the ISP subscriber and the court issued the summons. The ISP subscriber/Defendant now has to answer the complaint.

Case Documents:

Docket_14Jan16_02033(CA)   Doc_3_02033(CA) Doc_3-1_02033(CA) Doc_8_02033(CA) Doc_8-1_02033(CA) Doc_8-3_02033(CA) Doc_8-2_02033(CA) Doc_8-5_02033(CA) Doc_8-4_02033(CA) Doc_8-6_02033(CA) Doc_8-7_02033(CA) Doc_9_02033(CA)

AmendedComplaint_02033(CA)   Summons_Issued_02033(CA)

Here are some links to information on depositions. It doesn’t replace advice from an attorney specific to your case.

21 Things To Tell A Client About A Discovery Deposition

Refusing To Testify In Civil Depositions Based On The Fifth Amendment

Fifth Amendment Right Against Self Incrimination

Surviving A Deposition

Fightcopyrighttrolls Post – Concerned about the copyright trolling situation in the state, Oregon chief judge wants to restrict trolls’ free reign


DieTrollDie🙂  Bartleby: You know, here’s what I don’t get about you. You know for a fact that there is a God. You’ve been in His presence. He’s spoken to you personally. Yet I just heard you claim to be an atheist.   Loki: I just like to fuck with the clergy, man. I just love it, I love to keep those guys on their toes.”  {Dogma, 1999}


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DieTrollDie Podcast (2016-1) – Troll David Lowe – “Voluntary Or ELSE!”

CobblerNV_VolORelse1*** 26 Jan 16 Update ***

Today Judge Zilly told Troll Lowe that he was not going to grant the request to depose ISP subscribers prior to official Discovery (FRCP 26(f)).  No_Depo_Doc_16_01406(WA)

Plaintiff’s motion for leave to extend time for service and to conduct early discovery, docket no. 14, is DENIED. As a general matter, a party may not seek discovery before the Rule 26(f) conference has taken place. Fed. R. Civ. P. 26(d)(1). Plaintiff seeks the Court’s authorization to conduct depositions, prior to the Rule 26(f) conference, of the persons associated with the IP addresses that allegedly infringed plaintiff’s copyright. The Court “has wide discretion in controlling discovery.” Ollier v. Sweetwater Union High Sch. Dist., 768 F.3d 843, 862 (9th Cir. 2014) (internal quotation marks omitted). While deposing the IP address holders may help to identify the true infringer in some circumstances, the Court concludes that there is significant potential prejudice to the responding parties. “Expedited discovery may be inappropriate where defendants are required to unwarily incriminate themselves before they have a chance to review the facts of the case and to retain counsel.” Pod-Ners, LLC v. N. Feed & Bean of Lucerne Ltd. Liab. Co., 204 F.R.D. 675, 676 (D. Colo. 2002) (internal quotations omitted). Plaintiff has the names of the holders of each IP address that allegedly infringed its film, and can proceed by naming those parties as defendants and conducting discovery in the normal course prescribed by the Federal Rules. See, e.g., Hard Drive Prods., Inc. v. Doe, 2012 WL 90412, *2-3 (E.D. Cal. Jan. 11, 2012) (denying request to depose identified IP address holders). To the extent subsequent case developments show that the IP holders are not the infringing parties, plaintiff may seek to amend the Complaint as necessary.

The news is good, but it still leaves Troll Lowe with the option of naming the ISP subscriber as a Defendant and moving ahead with Discovery. Not something he or Plaintiff likely wants, but they may start to do this on a limited basis.  We will see.


Hello 2016!!!  I hope the new year is going well for you and your family.  For my first podcast of 2016, I was going to talk about US Copyright Law, how it relates to these BitTorrent copyright infringement law suits, and what parts I think are broken.  I got approximately half way done and I came across a couple of document recently filed in a Cobbler Nevada LLC case in the Western District of Washington.  I will come back to the Copyright Law podcast at a later date.  I felt this case required my immediate attention.

Case 2:15-cv-01406, Cobbler Nevada LLC v. Does 1-11, filed on 2 Sep 15.   Docket_8Jan16_01406(WA)

Please take a listen to the podcast and review the documents. I think it is pretty telling that “Voluntarily” talking with the Troll is not a good idea.

Take a look at the last section of Lowe’s declaration.  It has two references to Web pages on and  – they are both old (2011 & 2012) postings.  I guess Troll Lowe is trying to say we are part of some Internet Hate Groups and making his life harder.  SJD had a great response to such Troll actions, “Douchebag.” 😉

Daniel Macek (Anti Piracy Management Company) get special mention in Troll Lowe’s Motion (Page 5). He calls him a Forensic Expert, while the APMC prefers that the courts do not ever see his qualifications.  DTD Article on Macek

Troll Lowe forgets to Tell Judge Zilly.  On page 7 of the Motion, Troll Lowe “preemptively” submits that joinder of the Doe Defendants is proper in such cases. He goes on to list a groups of case that support his assertion.  One of thees cases is Cobbler Nevada v. Does 1-38, out of the Northern District of IL.  WHAT he forget to tell the court is that on 17 Dec 15, the ILND actually reaffirmed that joinder of Does in these cases has to based on REAL evidence and not simplistic claims with NO evidence. All the Does except for #1 were dismissed.  DTD Article1   DTD Article2

Docket_8Jan16_09851(IL)   Min_Entry_Joinder_Doc7_09851(IL)   DoesDismissed_NoJoinder_09851(IL)

Please give me your feedback and send me any questions you may have. Make comments or send me an email –

Late additionA Guide On Defending Depositions from the Philly Law Blog (Jordan Rushie)


DieTrollDie :)  {Jack Sparrow}What? You’ve seen it all, done it all. Survived. That’s the trick isn’t it? To survive?{Captain Teague} It’s not just about living forever, Jackie. The trick is still living with yourself forever.”  {Pirates of the Caribbean: At World’s End}


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DieTrollDie Podcast (2015-1) – BMG Rights Management v. Cox Communications

I decided to try a little something different from my normal.  I’m hoping that a podcast will offset my writing and still be of some value to the good people out there.  Please bear with me as this is an ongoing project.  I look forward to some feedback on the podcast, as well as any suggested topics or cases you would like to hear about.  Please send me your suggestions – comment below or send to

The first topic will cover the recent court verdict that Cox Communication was liable for the copyright infringement of 1398 songs by its subscribers.  The decision only came about because the judge found that Cox lost its DMCA Safe Harbor protections because it failed to failed to implement a repeat-infringer policy.

Here are couple links to what other sites are saying about this decision.  Arstechnica   Torrentfreak   Philly Law Blog   (Yes I know, Jordan Rushie – but I got a good chuckle when he likened the copyright infringement claims in this case to drugs and prostitution)

DieTrollDie🙂   “We’re so glad to see so many of you lovely people here tonight. And we would especially like to welcome all the representatives of Illinois’s law enforcement community that have chosen to join us here in the Palace Hotel Ballroom at this time. We certainly hope you all enjoy the show. And remember, people, that no matter who you are and what you do to live, thrive and survive, there’re still some things that makes us all the same. You. Me. Them. Everybody. Everybody. ”  {Elwood, The Blues Brothers (1980)}


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Happy Holiday Wishes From DieTrollDie – Multi-Topic Post

As we get closer to the end of 2015, I want to wish everyone a great end of year and ask that you spend some extra time sharing your love with family, friends, and those you might not otherwise socialize with. It will do your heart and soul good, as well as possibly lifting someone up from their despair. My life has taken an abrupt change on a personal side and some in my professional. I haven’t had the opportunity to do as much writing here, but I will continue as best I can for the time being. Don’t forget to follow me on Twitter ( Saying this, I would like to talk about the general state of BT Copyright Trolling, as well as highlight some interesting stories, cases, and documents.


State Of The BT Copyright Troll

In very general terms we have three types BT Copyright Trolls in the US

  1. Bottom Feeders
  2. Mass-Doe Cases
  3. Single-Doe cases. Note: some of the Trolls/Plaintiffs (Voltage Pictures, etc.) generally file Mass-Doe cases, with some single Doe cases in select jurisdictions.

Bottom Feeder Trolls (CEG-TEK & Rightscorp)

Late Addition – See the last part of this post (“BMG Rights Management awarded $25 Million v. Cox”) – The bottom feeder Trolls are CEG-TEK and Rightscorp. These Trolls monitor BT network activity and record IP addresses sharing content owned by their clients. They then send bastardized Digital Millennia Copyright Act (DMCA) notices to the ISPs that own the IP addresses they recorded. With these notices they try to get the ISP subscriber to respond and pay a settlement. CEG-TEK has been seeking $300 per infringement and Rightscorp seeks $20. For the most part, the copyright owners who employ these bottom feeders do not want the financial risks and negative publicity that filing a “real” copyright infringement law suit entails. My suggestion for dealing with this is to:

  1. Stop the BT activity that is occurring on your network
  2. Do not call or otherwise respond to the Troll
  3. Contact your ISP and tell them you have taken steps to ensure this doesn’t happen again (No details on how it occurred).
  4. Move on with your life.

Mass-Doe Cases

These are the mainstay of the BT Copyright Troll business model. It is the most efficient way for them to make money. It only costs $400 to file a Federal copyright infringement case based off of a template – simply add IP addresses and dates/times of infringement. File a case with 26 Does/IP addresses and they have a really good chance of making a profit. If only 50% of the Does pay a settlement of $4K, they take in $52K. Most courts don’t like to see cases with 100 plus Does in them, so the numbers will not likely go up per case. For a vast majority of these Mass-Doe cases, the Troll has no intention of taking anyone who fights back to trial. There will be case-by-case exceptions to this, but the overwhelming history shows that the Trolls will milk each case for as long as a court allows it. I have seen multiple Mass-Doe cases that were kept open for up to a year plus without naming/serving any of the Defendants. In the few cases where people are named/served, the case is eventually voluntarily dismissed by the Troll (possible walk-away deal between the parties) or a defendant defaults (does not show up or otherwise fight back) and the Troll is awarded damages. Even if they are unable to collect their damages, they use default judgments as a way to scare other Does (“See, we will sue you!”) and claim that they are not afraid of going to trial – Total BS.

My suggestion for dealing with this is to:

  1. Stop the BT activity that is occurring on your network
  2. Resecure the WiFi (new password)
  3. Determine if unknown/unauthorized computers were connected to your network (take screenshots/write details down)
  4. Do not call or otherwise respond to the Troll
  5. Contact your ISP and tell them you have taken steps to ensure this doesn’t happen again (Don’t provide details on who or what caused this)
  6. Find an attorney in your jurisdiction who knows the Trolls and obtain a consult. I personally do not recommend settling with the Trolls, but each situation/case is different. Also each person/family handles the stress of this differently.

Single-Doe Cases

For the most part, the single-doe cases are the realm of Troll Keith Lipscomb/Malibu Media/X-Art. Some other single-doe cases are filed by other Troll/Plaintiffs, but it is a small number and most likely only done on specific facts that lead the Trolls to believe they can force a settlement. The single-doe cases are a more serious matter, as Malibu Media has fine-tuned their operation. They target IP addresses (only in limited jurisdictions) in which the monitoring service has recorded multiple Malibu Media/X-Art movies (10+) being shared via BT over a longer time frame (30+ days). They generally record multiple date/time periods of the same IP address/BT client sharing Plaintiff’s movies. They also record ALL of the other (non-Plaintiff) files that are also available from the BT client. They use this list to claim the offender is a “prolific” downloader (not an accident – should have known it was illegal, etc.) AND it can possibly give some insight into WHO the offender is. Such a list of files generally describes what the BT user likes (movies, TV, music, games, eBooks, software), their interests, and maybe even what their job/profession is. It also gives them things to look for IF they go as far as a forensic examination by the infamous, “Never Convicted” computer examiner, Patrick Page.

In my opinion these cases are much more serious to a Doe. Troll Lipscomb/Malibu Media have a well-designed playbook on running these cases. Their efforts will follow a general path (my opinion); 1) Obtain a settlement ($750 per movie – 15 movies = $11,250, etc.); 2) Name/serve a non-responsive Defendant in hopes it brings a settlement; 3) Run up a Defendant’s legal bills and stress in hope it brings a settlement; 4) Convince Defendant to accept a walk-away deal (cover their own legal bills); 5) Obtain a default judgment from non-responsive Defendant. The effort of such a course of actions is to make it extremely clear to any Defense attorney/Defendant, that fighting back is going to cost more than simply settling at the onset.

My suggestion for dealing with this is to:

  1. Stop the BT activity that is occurring on your network
  2. Resecure the WiFi (new password)
  3. Determine if unknown/unauthorized computers were connected to your network (take screenshots/write details down)
  4. Do not call or otherwise respond to the Troll
  5. Contact your ISP and tell them you have taken steps to ensure this doesn’t happen again (Don’t provide details on who or what caused this)
  6. Make sure ALL your social media accounts (Facebook, Twitter, etc.) are not open for ANYONE to view – The Troll will do this
  7. Find an attorney in your jurisdiction who knows the Trolls (Malibu Media) and obtain a consult.

I’m sorry to say but even if you are innocent, Malibu Media DOES NOT CARE. For them to admit that even one person is innocent, jeopardizes their operation. It will start a chink in their armor that will cause them trouble. It will establish a precedent of what Defense strategy will work. We are still waiting for the Malibu Media case in which the court awards reasonable costs/fees to a prevailing Defendant. This is best highlighted by the WA Elf-Man case ((WAED 13-cv-00395) Fightcopyrighttrolls Article), in which the Defendant was awarded approximately $100K. Troll Lipscomb knows this will eventually happen. It is just a matter of time.

8th Circuit Court of Appeal – L. Leverton Case

Here is the 8th Circuit Court of Appeal opinion on the Killer Joe NV case v. Leigh Leverton, 14-3274.   14-3274_Opinion

I’m sad to report that the 8th Circuit said the district court did not error as it considered
the parties’ submissions on the attorney’s fee issue. The court said that “Nothing more was required by Rule 54.” Because Leaverton had an opportunity to make a record, the district court did not abuse its discretion.

So the case will not be sent back to the lower court and there will be no award of fees/costs. This of course is specific to the lower court/judge, and in NO way says a Troll Defendant is not entitled to them if a judge so decides so. I still think the lower court judge was foolish for not seeing how Troll/Plaintiff was abusing the court to pressure people into settling. You win some and you lose some. A different judge may see things differently the next time. The Troll knows the next time may not work out so well. This was a great effort by Attorney Ray Johnson, Johnson Law Firm, West De Moines, IA. Well done Sir.

ILND Mass-Doe Cases – Change Is In The Wind – ILND Case Dismissal (17 Dec 15)

In my previous post (Veterans Double Feature), I mentioned that the ILND Chief Justice, the Honorable Ruben Castillo had Sue Sponte dismissed a Cobbler Nevada case that was barely 11 days old. The judge still allowed the Troll to issue the ISP subpoena for the 20 Does, but said that they were “Gently” reminded that joinder of Defendants needed to be based on real facts, not BS (My emphasis below).  Judge_Castillo_CaseDismissed_08398(IL)

MINUTE entry before the Honorable Ruben Castillo:After careful review of this recently filed complaint, said Doe complaint is dismissed without prejudice to the filing of any amended complaint which expressly names any appropriate defendant(s). Plaintiff’s counsel is hereby authorized to proceed and issue subpoena(s) to determine the identity of the Doe defendant(s). All discovery and third party subpoena(s) must be complied with even though the initial Doe complaint is dismissed without prejudice. Finally, plaintiff’s counsel is gently reminded that the joinder of multiple defendants in one lawsuit must be supported by concerted action of the defendants.Mailed notice(rao, )

Joinder is a key issue to the Troll’s business model. It allows them to run a case cheaper ($400 to file) and gives them multiple settlements opportunities. Again, at the 50% settlement rate (est. $4K settlement average), they could recoup $40K from 10 Does.

I recently looked into how Judge Castillo’s Minute Entry has affected ILND Troll filings. What I found was not too much of a surprise. Note: If I missed any cases, please tell me. Here is a snapshot of the Mass-Doe BT copyright infringement cases filed in the ILND after the 5 Oct 15, dismissal/Minute Entry.

Survivor Productions

  • 1:15-cv-09851, Does 1-30, 3 Nov 15
  • 1:15-cv-09852, Does 1-34, 3 Nov 15
  • 1:15-cv-09855, Does 1-20, 3 Nov 15
  • 1:15-cv-09858, Does 1-30, 3 Nov 15
  • 1:15-cv-09860, Does 1-19, 3 Nov 15
  • 1:15-cv-09861, Does 1-23, 3 Nov 15

Here are some other postings on this Troll/Plaintiff – Troll Defense & Antonelli Law

STTN Capitol LLC

  • 1:15-cv-10113, Does 1-20, 6 Nov 15
  • 1:15-cv-10115, Does 1-34, 6 Nov 15
  • 1:15-cv-10116, Does 1-28, 6 Nov 15
  • 1:15-cv-10118, Does 1-12, 6 Nov 15
  • 1:15-cv-10120, Does 1-17, 6 Nov 15

Here is another post on this Troll/Plaintiff – Antonelli Law

So upon closer inspection of one of these cases (Survivor, 1:15-cv-09851), it becomes clear What Troll Michael Hierl and the Plaintiff are doing.   Docket_11Dec15_09851(IL)   Complaint_09851(IL)   Complaint_EXA_09851(IL)   Min_Entry_Joinder_Doc7_09851(IL)   SupportForJoinder_Doc11_09851(IL)   StatusRpt_Doc13_09851(IL)   

These few cases filed approximately one month after Judge Castillo’s Minute Entry are a test. Three days after filing the initial case, the judge in this case told Troll/Plaintiff that NLT 23 Nov 15, they had to file a brief showing why joinder of the Does was proper. The Troll of course filed their brief on the last day. The Troll has filed an initial case status report and the court has set a conference date of 17 Dec 15, to address Troll/Plaintiff’s Motion for early discovery of ISP information on the Does. Please take a look at the Troll MFR and see that even with the multiple pages, there is not a single instance/statement/fact that claims that ANY of the Does in this case shares ANY of Plaintiff’s movie with ANY other Doe in the case. WHY??? Because their system of BT monitoring does not have the ability to track who the data IS shared between I can only hope the court is aware of the previous work done by a Mr. Delvan Neville, Amaragh Associates, LLC, regarding the unlikely possibility that joinder happens.  I don’t know what the probability estimate is for this case, but in a previous one, Mr. Neville declared the chances  were roughly 1 in 300 Million (Article – DBC Joinder of Does Is Unjustified – 1 in 300 Million Chance)   D_Neville_Decl_03517(IL)

Well the 17 Dec 15, hearing DIDN’T go well for the Troll

From what I have heard (Thank you!), the court relied on the DC Circuit’s previous ruling that the downloads in the swarm were NOT necessarily part of the same series of occurrences.  The judge even brought up the EFF example of different people playing blackjack at the same table at different times in the day not being related. For joinder to be proper, the downloads would need to happen “somewhat contemporaneously” and the 3 days that they currently spanned did not qualify.

The court dismissed Does 2-30, but granted the discovery motion for Doe 1. He did tell the Troll Todd Parkhurst that IF they could show that other Does were sharing at the same time, they could amend the complaint.  Troll/Plaintiff has 28 days to amend their complaint.

This essentially means now that in the ILND, multi-Doe/mass-Doe cases should be the exception and not the rule.

Dallas Buyers Club – Still Chomping At The Australian Apple FAILED

Late Addition – On 16 Dec 15, the justice in the AU Dallas Buyers Club (DBC) case essentially killed the case.  Theguardian Article

Justice Nye Perram on Wednesday made an order to terminate the proceedings on 11 February after rejecting the latest proposed method by Voltage Pictures to deal with the more than 4,700 internet users it claimed had pirated the 2013 film. The studio can appeal the decision before then.

On 8 Dec 15, Copyright Troll Dallas Buyers Club (DBC) was back in the AU court still trying to get the court to authorize them to claim/charge alleged pirates larger amounts than the court previously allowed. DBC wants cost of the film ($20), a single license fee for upload, and damages for its court costs. DBC told the court that the total for all three would be “modest.” The exact amount was confidential, but the Justice Perram described the amount as “not modest.” The ISP in question also stated that the difference in the amounts was “massive.” The court will rule on DBC’srequest for additional damages sometime in the future. On 16 Dec 15, the court is due to decide if DBC will be allowed to have the names of 472 (10%) of the 4726 ISP subscribers alleged to have pirated DBC.  They also asked that the security bond be reduced from the original $600K to $60K (10%).  

The simple fact of the matter is that IF the Troll can get at least half (236) of the 472 ISP subscribers to pay a $4K settlement, they will have recouped a huge profit. 236 X $4K (on average) = $944,000!  You can see why they are fighting so hard. GREED!  If 50% of the 4726 ISP subscriber pay $4K, then they could make $9,452,000!

News Articles on DBC in AU – Itnews & Zdnet

Last Minute News – BMG Rights Management awarded $25 Million v. Cox

Looks like BMG Rights Management was just awarded $25 Million
verdict against Cox Communications.  The BT Copyright Troll aspect is that
BMG hired Rightscorp to monitor and send Digital Millennium Copyright Act
(DMCA) take-down notices to the ISPs. Rightscorp was unhappy with Cox,
because the ISP did not forward the “Settlement” portion of the notices onto
the ISP subscriber. Many of the ISPs do forward the complete DMCA notices to
the subscribers, some who do pay a settlement. NOTE: There is nothing in the
DMCA that requires the “settlement” portion of a notice to be forwarded. The
judge in the case ruled that since Cox failed to implement a
repeat-infringer policy, it couldn’t have safe harbor status (protection
from being sued) under the DMCA. The decision is bound to make ALL the ISPs
rethink how they deal with subscribers who receive DMCA take-down notices.
I expect the ISPs will implement some sort of policy to suspend and/or
terminate service once a certain number of DMCA notices are reached. The key
point is the ISPs will have to actually show that they have terminated
repeat infringers (actually “alleged” infringers – there will not have been
any conviction). Failing to do this could lead to additional law suits
against ISPs from deep-pocket copyright owners. This is a win for Rightscorp
also, as the only reason it is able to survive is by getting ISP subscribers
to pay a settlement. Here is a fun idea the ISPs might want to consider.
Implement a “reasonable” graduated suspension/termination policy for repeat
DMCA notices; BUT only forward the portions of the notice required by the
DMCA – remove the settlements portion from the notices.

Hollywoord Report     Techdirt


“To solve a riddle older than the Sphinx. To answer the question which has plagued us since we first crawled from this Earth and stood erect in the sun. Is man, indeed, a walrus at heart?” {Howard Howe, Tusk (The Movie}


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Veterans Day Double Feature, 2015 (Dallas Buyers Club & Cobbler Nevada)

Dallas Buyers Club FAILS in WA

In the world of BitTorrent (BT) Copyright Trolls, change is often slow and only occurs after a Troll/Plaintiff is forced. One recently reported (2 Nov 15) change came from Doe Defender John Whitaker, “Dallas Buyers Club Update.”  Archive Docket

Attorney Whitaker explains that Dallas Buyers Club (DBC) has been filing cases and telling the WA court it needed to subpoena the ISPs to obtain names of the offenders so it could amend the complaints (Name them) in the law suits. We all know this is BS when you look at the BT Copyright Troll Playbook. The Troll then came back to the court and asked to be allowed to depose the ISP subscribers, which was initially granted. After the Troll’s behavior in demanding deposition compliance was seen as excessive (motions to quash were filed), the judge agreed and quashed them. The Troll soon came back to the court with less aggressive deposition demands, which the court allowed. The court also advised Plaintiff to move the cases along or face dismissal. Of course Troll/Plaintiff acted stupidly and FAILED to name anyone or move the cases forward. The depositions were only used to pressure people into paying a settlement in fear of a trial. The judge then decided to hit DBC where it courts.

Well Judge Jones is having none of it. He penned an order denying DBC any more subpoena power until DBC either demonstrates that this is legitimate litigation or starts dropping cases. Particularly interesting is Judge Jones’ reference to a Whitaker Law Group client, Jeff Pleake, who has been very vocal with his dissatisfaction over being wrongly accused of downloading movies he’s never even seen.” (John Whitaker, Attorney)


So right now the Troll/Plaintiff has to put up or shut up. That means for the cases it has obtained ISP subscriber information and/or taken depositions, it has to dismiss them or start naming Defendants and amending the complaints to show this. This is not where the Troll wants to be. I expect the Troll could name a select few (or one) defendants, as well as dismissing the remaining cases. Doing so will cost them more money and the added risk that a person(s) will fight back. Dismissing all of the cases is an option, but it sends a clear signal that this Troll/Plaintiff will NOT take a person to trial and you simply need to ignore them. Whitaker’s client appears willing to defend himself, so lets see what the Troll does. This judge doesn’t appear to like being used as a tool for Plaintiff’s money-making business model. More to come.

Is The Northern District Of IL Getting Tired Of BT Copyright Trolls???

This is really an interesting development for those of us who follow BT Copyright Trolls. The Northern District of IL has long been seen as a haven for BT Copyright Trolls. One judge in NDIL who has dealt with these cases since at least 2010 is the Honorable Ruben Castillo. Judge Castillo has seen Steele Hansmeier/Prenda Law from its start and likely sees the same slimy operation from the other Trolls filing in his jurisdiction.

In a recent order (5 Oct 15), Judge Castillo gave one particular BT Copyright Troll (Michael Hierl) a “double-tap” on one of his cases – COBBLER NEVADA, LLC v. DOES 1-20, 1:15-cv-08398 (NDIL).   Docket_08398(IL)   Complaint_08398(IL)   Complaint_EXA_IPs_08398(IL)  

The case was opened on 24 Sep 15, and Judge Castillo wasted no time in issuing the order (sua sponte). the Troll didn’t even get to file his request for early discovery of ISP subscriber information.   Judge_Castillo_CaseDismissed_08398(IL)

MINUTE entry before the Honorable Ruben Castillo:After careful review of this recently filed complaint, said Doe complaint is dismissed without prejudice to the filing of any amended complaint which expressly names any appropriate defendant(s). Plaintiff’s counsel is hereby authorized to proceed and issue subpoena(s) to determine the identity of the Doe defendant(s). All discovery and third party subpoena(s) must be complied with even though the initial Doe complaint is dismissed without prejudice. Finally, plaintiff’s counsel is gently reminded that the joinder of multiple defendants in one lawsuit must be supported by concerted action of the defendants.Mailed notice(rao, )

Key Points

  1. Case 1:15-cv-08398 is DISMISSED.
  2. Troll/Plaintiff is ALLOWED to subpoena the ISP for the subscriber information.
  3. ANY filing of cases based off of the Subpoena/Discovery has to “expressly name” the Defendant.
  4. Joinder of Defendants will ONLY be allowed if the Troll can show EVIDENCE of a concerted effort between the joinded Defendants. I loved how the judge used the word “Gently” – take heed Troll.😉

So what will Troll Hierl/DBC likely do? I fully expect them to subpoena the ISPs and then send out settlement demand letters for approximately $3800. They have already spent $400 to file the case, even one settlement will repay this amount. The settlement letters will NO doubt fail to inform the ISP subscribers that the case is DISMISSED or how the court obviously not impressed with the Troll case filings. Judge Castillo (and others) probably sees the mess these cases bring to the court and that they only seek to fleece people for thousands of dollars with the fear of financial ruin (My Opinion).

It is true that Troll/Plaintiff COULD file amended complaints with the ISP subscriber as the Defendant. This is a risky move (my opinion), as this judge has made it clear he thinks Troll/Plaintiff is abusing the court in a money-making settlement-generating operation. Simply naming the ISP subscriber as a Defendant without some form of a REAL investigation is good way to lose and possibly be sanctioned by the court. The one thing I could see the Troll do is ask the court to grant a limited deposition of the ISP subscriber (2 hour max.) so they can try to narrow down who the actual offender is. Of course running 20 depositions raises the cost of these cases and does not guarantee they can identify who the true offender is.

Example of the difficulty: ISP subscriber is deposed and tells the Troll: 1) Didn’t download/share Plaintiff movie and doesn’t know who did; 2) The WiFi Internet connection was run “Open” (No Password) or the password was freely shared out to multiple guests, neighbors, etc. EVEN if the ISP subscriber denied the infringement and said the WiFi was password protected, they have to determine if proceeding is financially workable.

The Troll can tell the ISP subscriber about all the “Other” files they recorded as being shared via BT and claim it fits the profile of the ISP subscriber and/or family member. They can also tell the ISP subscriber they will forensically examine the household computers for evidence. Good talk, but doing so raises the cost of their case (if they actually do it- doubtful IMO) and such actions do NOT guarantee a settlement.

The overwhelming history of mass-Doe BT cases in NDIL clearly show that a majority are NEVER named in an amended complaint. This business model works on running as cheap and fast as possible. There of course will be a small number of people who receive additional pressure from the Trolls, but this is done on a case-by-case basis.

For the 20 Does in this case, I suggest you first make sure that BT is not running on your network and to resecure the WiFi Internet access (New Password). Ensure the WiFi password not freely given out and that BT doesn’t start back up again. I would not respond to the Troll on a CLOSED case like this. They only have the public IP address (WiFi Firewall/Router IP address) and a list of “other” files that were being shared by the BT client over a certain time period (likely a month+). If you speak to them, you will undoubtedly given them some sort of information on you, your family, financial situation, etc. Do not make it any easier for them to extort you. Also, when the settlement letter start to go out, please email a copy to

If you eventually do get subpoenaed for a deposition or receive some other valid legal document/order, please do not simply ignore it. That is the time to consult with an attorney who has gone up against the Trolls. Failure to do so could lead to a default judgment and an award of thousands of dollars to Plaintiff/Troll. I will give the standard caveat that I’m no lawyer, this isn’t legal advice, and each case is individual/different. Saying that, I do think myself and other non-lawyers types who follow these cases have a decent handle on what is going on.

Offend1I’m hopeful this is a signal that Mass-Doe BT cases in the NDIL are coming to a close. This will force the Trolls to either only file single Doe cases (like Malibu Media/X-Art), or move to other jurisdictions that are unfamiliar with BT Copyright Trolls. The judge has just handed the Troll the rope. Hopefully he hangs himself with it.


“The pitfall of Bene Gesserit training, she reminded herself, lay in the powers granted: such powers predisposed one to vanity and pride. But power deluded those who used it. One tended to believe power could overcome any barrier . . . including one’s own ignorance.” {Dune Messiah, Frank Herbert}

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Beethoven Is The Devil (AKA: Desperation of Malibu Media LLC/Troll Keith Lipscomb), 14-cv-61957 (SDFL)

I first wanted to say thank you to Sophisticated Jane Doe for the recent article on Malibu Media/X-Art/ Troll Lipscomb – Defendant’s expert witness report suggests that Malibu Media’s investigators doctored evidence. My life is still a bit chaotic, so the writing is limited. Case 14-cv-61957 (SDFL), Malibu Media LLC v. Robert Dare.  Attorney Cynthia Conlin did a great job in writing the Motion for Summary Judgment. It was clear, well-written, and show the world what a scum-bag operation he is running. Well done Mrs. Conlin. I bet Lipscomb will reply with some sort of “turd” which will only show how low he really is. Here is the Motion and Defense Expert Report.   Mot_SumJudge_Doc73_61957(FL)   Expert_Report_Doc73-7_61957(FL)

This case is “Worst Case” scenario for Troll Lipcomb and the Germans Masters. This case is the reason BitTorrent (BT) Copyright Troll Lipscomb will fight so hard to try to get a walk-away deal from a Defendant.  Even if this does go to a civil trial (I doubt it), Troll/Plaintiff is in NO way at a preponderance of evidence level (more than a 50% likelihood that Defendant was the infringer). Yes, it is only my non-lawyer opinion, BUT I really don’t think it will take a professional jurist to come to that conclusion. Why??? Let’s look at the evidence.

  1. Public IP Address Shared A Small Portion of Plaintiff’s Movie: Troll/Plaintiff logs showing a very small portion (67 KB) of ONE of Plaintiff’s movies uploaded to Plaintiff’s monitoring company by a public IP assigned to the defendant by the ISP (Defendant is the bill payer). Note: the other 16 movies Troll/Plaintiff claimed CANNOT be associated back to the Defendant because Troll Lipscomb and crew screwed up and only asked for one date/time group associated to ONE movie.
  2. IP Address Is Associated To Defendant’s WiFi Firewall/Router: The public IP address recorded by Troll/Plaintiff only comes back to Defendant’s WiFi Firewall/Router and NOT the specific computers connected to the WiFi.
  3. Open WiFi: The Defendant’s WiFi Firewall/Router had “Guest” access portal that was run OPEN – No password required. This was left open during the alleged period of infringement.
  4. Multiple WiFi Signal In The Area Of Defendant’s Residence: The Defendant’s residence shared common walls with two other residents, as well as had multiple WiFi signals in the area (at least 12 distinct signals). These “other” systems were NOT owned/controlled by Defendant, but could access his OPEN WiFi network.
  5. Denies The Infringement: Defendant and his wife were deposed by Troll/Plaintiff and DENIED being the infringers of Plaintiff’s works.
  6. No Evidence From Neighbors: Troll/Plaintiff only interviewed ONE neighbor (not even the next door neighbors) and failed to obtain any evidence. Note: Troll/Plaintiff likely didn’t interview the next door neighbors for FEAR if they could not obtain conflicting statements/new evidence supporting Plaintiff’s claim, the statements would have hurt their case. i.e. Neighbor: Yes, I did see that Defendant had an OPEN WiFi network during the period of alleged infringement.
  7. No Forensic Evidence: Examination of Defendant computer failed to disclose any evidence of BitTorrent (BT) activity OR that evidence on the computer was destroyed or removed. The best Troll/Plaintiff can do is say the BT client was used on a Macintosh and Defendant’s computer is a Macintosh. Macs are not as common as PCs, but they are FAR from a rarity and not indicative of who the infringer was.

This speculation is almost like if a Plaintiff found an empty discarded Monster Energy drink can at the scene of a car accident and, without analyzing tire tracks or other forensics, concluded that a random individual who likes Monster Energy must have caused the accident. Such is the logical fallacy of jumping to conclusions. Moreover, Plaintiff speaks of BitTorrent as if it were rare; however, BitTorrent “is one of the most popular ways internet subscribers transfer data from one device (a peer) to another (peer).”   (Motion For Summary Judgement, page 8)

  1. Defendant’s Computer Expert Found Troll/Plaintiff’s Monitoring Evidence Lacking At Best: The PCAP data Troll/Plaintiff claims indicates the defendant’s IP address was responsible for the infringement appears to be “filtered” and may indicate certain aspects of the BT monitoring is being hidden by Troll/Plaintiff. The integrity of the PCAP files is in question. Troll/Plaintiff’s Forensic examiner reports (Patrick Paige) were also found to be “incomplete” – differences in Paige’s report and the associated PCAP files. The log files provided by Michael Patzer were also found to be incomplete and misleading. The log makes it appear that Plaintiff’s entire movie was downloaded, when in fact each PCAP file only cover 67 KB of the movie (Very Small Portion).
  2. Old Computer Not Examined: Troll/Plaintiff asked for computers used during the period of alleged infringement. This old computer was only used prior to Plaintiff’s claimed period of infringement. Note: this is where the Troll is likely to complain that Defendant hid his infringement activity. Plaintiff’s motion to compel production of it was DENIED – AKA: NO EVIDENCE.
  3. The “Other” Evidence (Non-Plaintiff Movies) Does NOT Tie Back To Defendant: These are the “Other” files that were being shared by the BT client using the public IP address assigned to Defendant. For most people who use BT, the “Other” files is simply the list of movies, music, eBooks, applications, etc., which have been downloaded to the BT client and are available to be shared out. The Trolls collect this information on these files from the BT client and use it to profile who the infringer likely is. It can give some indications of what interests the BT user, but it is far from a smoking gun as far as “evidence.” After looking at Defendant’s (and wife’s) social media profile, private records checks, and deposition responses, the best Troll/Plaintiff was able to do is point to a single YouTube video. In the “Other” evidence, there is a copy of Beethoven’s 5th Symphony. Plaintiff claims that because Defendant (unverified YouTube account) “liked” a video of Beethoven’s Moonlight Sonata on YouTube, that the copy of Beethoven’s 5th means Defendant is the infringer. I just looked at one YouTube video for Moonlight Sonota and it had over 200K likes.

LudvigNow I know that some attorneys out there will say they are only doing what the client wants. Well, what this Troll/Plaintiff wants is to send a clear message to ANY Does and Defense attorneys that it is cheaper to pay a settlement than actually fight, EVEN if innocent. The reason Troll Lipscomb and crew are fighting this is NOT because they truly feel this Defendant is lying, it is because if he obtains a summary judgment and is awarded reasonable attorney costs/fees, it could open the door for other Defendants to do the same.

Troll Lipscomb and the other Trolls out there know it does not take a “rocket scientist” to make it hard for them to win a case. Lipscomb even stated in the June 2013 PA Bellwether Trial that at first he thought proving these cases would be hard because a Doe would simply get rid of the offending computer and he would have no evidence.The following is the closing statement of Keith Lipscomb in that joke of a show-trial.

It is actually requires a bit more effort but, this is just one aspect of “This” case. When you look at ALL the evidence (or lack of), it is clear that a “preponderance of evidence” does not support Troll/Plaintiff. The best Troll/Plaintiff can do is try to limit the award of costs/fees, by claiming the Defense misconduct by unnecessarily running up costs. If Lipscomb is not testing the waters to see if the Defendant will accept a settlement from Plaintiff to make this go-away, I would be surprised. I hope this Defendant does stay the course and the court is able to rule on the motion. Even if denied, a trial is not an option Lipscomb wants. Such a loss could destroy what little help the PA Bellwether trial provides them.

I will leave you with the “Conclusion” from Attorney Cynthia Conlin – it sums it up beautifully.

First, Plaintiff cannot prove that Defendant was the subscriber of IP address for all the dates and times that Plaintiff alleged its videos were downloaded. It only obtained evidence that Defendant subscribed to IP address on the precise date and time of 06/08/2014 at 00:13:41 UTC, which was the alleged hit date for only one of Plaintiff’s videos. Secondly, Plaintiff failed to obtain any evidence that Defendant downloaded its videos. It has no admission from Defendant, no eyewitness, and no forensic or computer evidence linking Defendant to the downloads. Furthermore, Plaintiff’s own evidence does not connect Defendant specifically to the downloads; rather, it only links IP address, not any particular computer or individual, to the alleged downloads. Because Defendant was running an open guest network that neighbors could access by without a password during the alleged download period, evidence linking Defendant, and not just an IP address, is essential. Plaintiff’s much touted “additional evidence” is not evidence of the downloading of Plaintiff’s videos because it is a list of entirely different files allegedly downloaded at different times, and there is nothing linking such evidence to Defendant. Lastly, at best, Plaintiff’s evidence indicates the copying of not an entire movie but rather a single, unusable fragment. As the evidence produced by Plaintiff and recovered by Plaintiff during discovery is not sufficient to support a claim of copyright infringement, summary judgment should be had in favor of Defendant.


I woke up. The pain and sickness all over me like an animal. Then I realized what it was. The music coming up from the floor was our old friend, Ludwig Van, and the dreaded Ninth Symphony.” {Alex, A Clockwork Orange}ViddyWellLipscomb

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It Is Up! – 8th Circuit Court of Appeal Oral Argument in BT Copyright Troll Case (Killer Joe NV v. Leaverton, 14-3274)


OK.  The 8th Circuit Court of Appeal oral argument is up.  14-3274, Killer Joe NV v. Leigh Leaverton.   Thank you attorney Ray Johnson, Johnson Law Firm, West De Moines, IA, for fighting the good fight. Hopefully the 8th Circuit will see the truth of what these cases are about – Greed and Coercion. I don’t know when the 8th Circuit will announce its ruling, but I wouldn’t expect it anytime soon.

SAVE THE DATE — On 21 Sep 15, The 8th Circuit Court of Appeals will hear oral arguments on case 14-3274, Killer Joe Nevada (KJN) v. Leigh Leaverton. This is an appeal on a BitTorrent (BT) Copyright Troll case, KJN v. Does, 5:13-cv-04036 (ND of Iowa).

Here are Previous articles on this case.   1st ARTICLE    2nd ARTICLE   The first article gives the full case background; the second article details KJN’s claims by the FICTITIOUS Darren M. Griffen (Crystal Bay Corporation(CBC)) and the TRUE masterminds behind these cases, the Anti-Piracy Management Company (APMC).

Synopsis: Copyright Troll Jay Hamilton/Plaintiff initially filed a template based mass-Doe cases against 20 IA John Does (ISP subscribers) who allegedly downloaded/shared the movie “Killer Joe.” He eventually named five as non-settling Defendants. Two of the Defendants (Leaverton and Bolan) denied downloading/sharing the movie or knowing who did it. Eventually Leaverton and Bolan were able to hire Attorney Ray Johnson, Johnson Law Firm, West De Moines, IA, for a reduced retainer of only $300 (for both!). Both Defendants filed answers denying the claims. In May 2014, Attorney Johnson sent Troll/Plaintiff interrogatories, as well as requests for admissions and productions. In keeping with the standard “Copyright Troll Play Book,” Troll/Plaintiff did not respond and soon after motioned the court to dismiss Defendants. The court granted the motion, but then denied Leaverton’s declaratory judgment counterclaim and request for attorney fees – even as the “Prevailing” party. The appeal is based on the fact that Troll/Plaintiff named them as Defendants with NO information OTHER than they were the ISP subscribers (they paid the ISP bill). Naming a person on that basis is reckless and simply designed to scare the ISP subscriber into paying some sort of settlement. Also at issue was that the District court did not apply the standard ruling on a fee award and implement requirements to determine fees. As the “Prevailing Party,” the court should have allowed Leaverton to submit a record of her fees to the court. The following are also worthy to note:

  1. KJN used the fictitious person/company/declarations of “Darren M. Griffin, Crystal Bay Corporation (CBC)” in the District and Appellate cases. Can you say False Statements & Mail/Wire Fraud at a minimum??? (18 USC, Chapter 47)
  2. When questioned about Darren Griffin, CBC, Troll Hamilton told attorney Johnson that his law firm had ENDED “its engagement with APMC.” The APMC has NEVER been listed on any copyright infringement case as an interested party. More deception

On 21 Aug 15, the Appeals court set 21 Sep 15, as the date of oral arguments for this case. KJN will likely be represented by Troll Keith Vogt, as he took over when Troll Hamilton removed himself. If you are in the St. Louis area on 21 September, consider bringing some popcorn to enjoy the show. It looks like both sides will have 15 minutes to get their point across to the three-judge panel. I don’t think the oral arguments will be streamed, but the audio recording should be eventually posted. (Search for case 14-3274) I will keep an eye out for it.

An appeals court ruling in favor or the Defendants could have an impact on BT Copyright Trolling in the US, at least in the areas of recklessly naming an ISP subscriber as a Defendant AND allowing the prevailing party to at least submit a record of fees to the court. Naming/serving an ISP subscriber with a complaint/summons is a powerful tool of the court that the Trolls have abused with great success. This abuse was highlighted by Attorneys Booth/Sweet in their recent filing in a Malibu Media case in Ohio (OHSD 14-cv-00493), where they asked Malibu Media to be declared a vexatious litigant .   FCT ARTICLE

Here is my version of the Copyright Troll Play book – Greed over Guilt


Where do you think you’re going? Nobody’s leaving. Nobody’s walking out on this fun, old-fashioned family Christmas. No, no. We’re all in this together. This is a full-blown, four-alarm holiday emergency here. We’re gonna press on, and we’re gonna have the hap, hap, happiest Christmas since Bing Crosby tap-danced with Danny fucking Kaye. And when Santa squeezes his fat white ass down that chimney tonight, he’s gonna find the jolliest bunch of assholes this side of the nuthouse.” {Clark Griswold – National Lampoons Christmas Vacation}



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