TAC has pointed to a very-very sad story: a guy from one of the mass Liberty Media Holdings lawsuits received a call from an attorney notifying him that his IP address was recorded in connection with sharing a copyrighted material on BitTorrent, demanding money and asking questions. Instead of hanging up, this guy did the worst thing possible: he answered the questions and admitted that he downloaded that damned movie! He explained that he did not know that it was illegal, probably thinking that a reasonable copyright holder who cares about its business would say something like “ok, you are a good guy, and we appreciate the interest in our studio products, what you did was illegal, please stop doing that and here is the URL where you can buy and enjoy our products legally”. Note, however, that here we are not talking about copyright holders who are interested in retaining fans and promoting their products. Instead, we are talking about scum of the Earth, disgraced attorneys who can’t think about anything but money right now with as little investment as possible. Ruining someone’s life for a $40 movie is something that these vampires wouldn’t hesitate to do if it could possibly bring them a couple of dollars.
So what happened next? As a result of this phone conversation, our former Doe, now a named defendant, got himself an individual lawsuit, in which the trolls are accusing him of willful infringement (up to $150,000 “damages” sought – the complaint is embedded below).
13. When counsel for Plaintiff contacted Fraga regarding AE3 Lawsuit, and after counsel advised Fraga to seek legal representation, Fraga admitted to using BitTorrent to download and share the Motion Picture. Fraga took the position that the unlicensed copying and distribution of the Motion Picture over a BitTorrent file sharing network was somehow not illegal.
14. Fraga, who was Doe 19, has been dismissed from the AE3 Litigation in lieu of the present proceeding. Given Fraga’s admissions, Plaintiff has opted to pursue its cause of action against him individually.
If not for this confession, there would be no way trolls could prove the tort; they just don’t possess any court-grade evidence. Bluffing works in Poker, bluffing worked here.
So, do you still think that talking to a random lawyer on the phone and answering his questions is a good idea? If you do, please see your physician as soon as possible.
The trolls involved in this assault:
Marco Randazza, the most hypocritical troll as of today: one of his hands defends Righthaven victims, the other wanders in similarly abused citizens’ pockets.
Aaron Silverstein, a thin-skinned troll, whose feelings were hurt when I included him in my copyright troll list on Twitter.
Note that the troll attorneys think that
The conduct of Fraga is causing and will continue to cause Plaintiff great and irreparable injury.
This is not only laughable, but the direct opposite of the truth: it’s not Fraga, it’s you, trolls, who cause irreparable injury to your client’s business by methodically destroying its reputation.
¹ Of course don’t ignore summons or subpoenas if you are named in a lawsuit: seek legal advice then.