Archive for the ‘Housekeeping’ Category

Happy New Year!

Posted: December 31, 2013 by SJD in Housekeeping
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It was a rollercoaster year.

Exactly one year ago Prenda was at the apogee of its Chutzpah. Trying to remove Judge Wright from the case with a forged copyright assignment was one of the major mistakes made by the arrogant attorneys John Steele and Paul Hansmeier. We know what happened. Stupendous Wright’s Star Trek order paved the way for many other silver hummers going upon Prenda’s head.

The farcical defamation suit meant to silence us, backfired on Prenda, and the likelihood of a new round of sanctions is great.

I don’t say that our community was central in crashing Prenda, yet we did our humble part diligently and we made a difference. I’m not a Don Quixote type and wouldn’t keep supporting the cause if I did not see a substantial impact.

Anyway, Prenda is done, and if I continue writing about it, it will be merely for the sake of entertainment.

In 2014 we will concentrate on other parasites that continue raping productive population. Keith “I’m not a troll” Lipscomb’s shakedown enterprise will get our special attention. Fortunately, the media started talking about X-Art, especially after two sanction orders, and more intellectually and ethically superior attorneys are bringing the fight to the next level. Just today I saw a heartwarming tweet:

 

The very fact that X-Art sabotages any discovery effort is telling: they have a lot of dirty laundry to hide — from German “experts” to ransom revenue sharing and employment and 2257 records. I hope in 2014 the crooks will be compelled by courts to reveal their shady dealings.

The gloves are off: for friends to make handshakes, for trolls — to slap.

Happy New Year!

A note from TAC to the community

Posted: September 19, 2013 by that anonymous coward in Community contributions, Housekeeping
Tags:
Ohai campers!

Uncle TAC is here with some sage advice for those of us tweeting.

Counsel of Record (its a big word for those lawyers we like fighting against the trolls) do not, will not, should not tweet about details of cases. It is best to leave them off from tweets asking questions/or for comments about specific cases / clients / opponents / filings they are involved in/with.

Given that Prenda has run with the fantastical idea that many of us are actually alter egos of these lawyers this can get messy for the good guys. They imply we are these lawyers or closely connected to them when this is clearly false. Showing any connections distracts from the actual case, while they have to deal with defending their good name against these idiotic claims.

Don’t be mad if one of the lawyers doesn’t engage you in conversation on twitter over a comment. There is the bright line they can not cross, and several of them have borders around those lines they chose not to cross to avoid any possible fallout from Judges. We’ve seen that some Judges have wider takes on some issues first hand.

I am the poster child for someone they opt not to tweet with. I have a trendy avatar, the word anonymous, am vocal about the system… To people just glancing I am obviously an Anonymous super hacker out to cause trouble. I am also an unnamed Doe in an active legal proceeding. So yeah, I do not take it personally that some people can’t tweet with me or we avoid certain topics. I do not wish to cause them any more trouble or grief that might distract them from the cases they are working hard on.

Prenda can and is watching our tweets looking for anything they can use to throw a monkey wrench in the mix. Given how many of us were included in the exhibits in GAND from Nazarine, it should be clear that they are keeping an eye on us. They are looking for any possible thing to use as leverage to avoid the court staying focused on the case.

Please keep these tips in mind the next time you tweet.

TAC

A short (on the European scale) break

Posted: September 7, 2012 by SJD in Housekeeping
Tags:

I’m traveling for the next 2-3 weeks starting this Saturday and won’t be able to spend more than half an hour a day on this site. Nonetheless, I will be checking my email a couple of times a day (given the Internet availability — may be totally cut off the world during the next week) and will reply to urgent requests. If anyone is willing to write a post, I will be happy to proofread/format and publish it. DieTrollDie has keys from the site and will be able to help with urgent moderation of comments (e.g. if too much personal information is revealed).

Do not feed the trolls while I’m out!

Update 9/27/2012: Jordan appeared to be a decent fellow, and after some research and conversations with colleagues, he decided not to be involved in mass bittorent cases anymore (as a plaintiff’s counsel). We wish him the best of luck.

I have added a new page dedicated to a case filed in Pennsylvania’s local court — Liberty Media v. John Does 1-441. Raul wrote a nice overview of this case, which is duplicated below for casual surfers, those who don’t want to dive to the depths of this site. I only want to add a few points:

  • This case was filed by an otherwise reputable (although undeniably snobby) relatively young attorney, Jordan Rushie of Mulvihill & Rushie LLC. Since this case’s plaintiff is a gay pornography purveyor Liberty Media, even a moron in a hurry understands that Rushie is only a puppet, and Marc Randazza is the one who pulls the strings. Randazza is infamous for shaking down Liberty’s current and potential customers. Sure, this strategy brings some short-term cash to benefit a few, but extorting business’ targeted audience is an assisted suicide in the long run. I’m not even talking about ruined careers, families and lives. Marc Randazza surely learned how to count to One, and he became quite known as a First Amendment attorney. The problem is that his hubris prevented him from mastering bigger numbers, Eight in particular.
  • The entire business model of copyright trolls was never based on the law, it was always based on loopholes in the law, and this case is not an exception. By abusing local rules and misleading the court, Randazza and his devotees have finally stooped to the low area previously occupied only by such scum as Prenda Law. In the past Randazza and his admireres mocked John “Buffy” Steele and claimed that Liberty’s strategy of going after infringers is ethical: today I would like to hear any convincing argument why this lawsuit occupies a higher ground than Florida’s “Pure Law of Discovery” fishing expeditions run by con artists John Steele and Keith Lipscomb.

To avoid duplication, please discuss this case in the comment section of the cases’s page, not below.

Case overview

By Raul, copied from the page dedicated to this case

All warfare is based on deception.
— Sun Tzu, The Art of War

Such is the lawsuit entitled Liberty Media Holdings, LLC v. John Does 1-441; a deception being practiced upon the Philadelphia Court of Common Pleas in which the plaintiff is seeking pre-complaint discovery of the personal identifying information of 441 Comcast subscribers. Plaintiff has claimed that it needs this discovery in accordance with Pa. R. Civ. Procedure 4003.8  (writ of summons) so as to bring a future complaint for unjust enrichment and conversion against these individuals based upon their alleged pirating of plaintiff’s unspecified adult content during the period of 10/30/2011 through 2/2/2012.


Jordan Rushie

On 3/18/2012 Judge Allan L. Tereshko granted the plaintiff pre-complaint discovery by means of a subpoena on Comcast. Subsequently on 6/11/2012 Comcast filed a motion to quash the subpoena and a motion for a protective order which was denied on 7/13/2012. Plaintiff filed a petition on 7/20/2012 to hold Comcast in contempt of court for failing to produce the pre-complaint discovery which has yet to be decided. Comcast made a motion for reconsideration of the judge’s denial on 7/23/12 which the judge also denied on 7/31/12. Undeterred Comcast filed a motion for permission to take an interlocutory appeal of the judge’s denial of their motions to the Superior Court on 8/1/2012. One of the John Does filed a motion to quash the Comcast subpoena on 8/3/12 which is pending.

Does wishing to fight this lawsuit should look at some of its obvious problems:

  • Lack of subject matter jurisdiction: A future state lawsuit for unjust enrichment and conversion is preempted by the federal Copyright Act.
  • Lack of personal jurisdiction: TAC has pointed out that the large majority of the IP addresses are located outside of Pennsylvania and the individuals linked to those addresses may be outside of the court’s jurisdiction (long-arm statute).
  • Improper joinder
  • Damages: Unlike a copyright infringement lawsuit, there are no statutory damages for unjust enrichment or conversion. In all likelihood plaintiff’s damages would equal a lost sale (i.e. purchase price of the adult content). Plaintiff has admitted this in its motion to take pre-complaint discovery (unjust enrichment = “…film’s sale’s price, which is normally paid by law-abiding customers”). So assuming the high end of a retail sale for plaintiff’s content; $60 per film downloaded as damages.
  • The best grounds for a motion to quash comes from the standard for pre-complaint discovery: “Under no circumstance should a plaintiff be allowed to embark upon a “fishing expedition,” or otherwise rely on an amorphous discovery process to detect a cause of action he lacks probable cause to anticipate prior to the pre-complaint discovery process under this standard.” He said that he couldn’t find any previous case where pre-complaint discovery was used to obtain the identity of a John Doe, let alone 400 of them, which made this a fishing expedition. (This is a lawyer’s opinion: thanks to anonymous commenter for this update.)

I added a new page featuring information about Steve “Lightspeed” Jones’s Arcadia Security. This allegedly forensic company’s website is currently unavailable, but I preserved the screenshots and posted them.

This page complements the Lightspeed password hacking cases page, which lists relevant documents and links.

Arcadia Security.

 

Page views since the beginning

Yes, it has been one year and half a million page views since I fired my humble flashlight… Not all the wishes have been fulfilled: mass bittorent lawsuits flourish, uneducated Does settle, trolls continue inventing new ways to game the judicial system.

Yet the past year was not spent in vain. This site, as well as DieTrollDie’s and others, is super-visible on the Internet and anyone, who knows how to search the web, finds us in no time. As a result, the knowledge (and anger) kicks in faster than fear manages to take over one’s senses and ability to think critically. It is difficult to estimate, but I’m sure that a significantly smaller number of people settle these days, and one of the ways to stop the speculative invoicing disease is to cease feeding it’s bearer — the troll.

Of course, we will win. I am indefinitely grateful to everyone who is about to make it happen.

I want to ask for a small favor: please answer the following easy question. Be comfortably honest: I don’t have any means to see the poll log and hence to match IP addresses with results, so your constitutional right to anonymous speech is respected. I’m just curious.

Happy holidays! I wish you love. According to one guy, whose existence made this world a better place, it’s all you need. It’s a common mistake to think that the opposite of love is hatred. Hatred is like a spice, a healthy dose of anger is OK and even necessary when dealing with those who threaten our peace and livelihoods, just don’t let hatred and anger take you over. Drink socially, hate socially. Don’t get addicted.

The real opposite to love is fear: these two concepts don’t mix in any proportions. So the first and foremost thing I wish you is to fight and kill your own fear. It is easier than it seems at the moment of a predatory assault, the moment when a trolls’ victim opens an envelope and finds veiled lies, ridiculous threats and frivolous demands.

Extortionists induce fear — this is a part of their “business,” and they are very skillful at that. Since fear shortens lives, copyright trolls have committed much worse crimes than extortion. Look, they have been trying to scare more than 250,000 people into paying, and if fear that their victim experiences shortens his or her life by a mere day (very conservative estimate!), then they have already collectively murdered more than 10 people. Think about it.

As for me, I’m going to continue shedding light on these blackmailers and murderers in a hope that their Halloween scary letters — like the one embedded below — will make people react with disgust rather than fear.

Thank you all for being strong and considerate. So far this blog has generated more than 2,500 comments, and I did not witness anything but intelligence, insight, respect to others, and desire to help. Isn’t it too much for “pirates,” trolls?

Short break

Posted: September 25, 2011 by SJD in Housekeeping
Tags:

Sorry for not keeping up. I’m traveling now and will be back early next week. I read everything (Twitter, emails, blogs etc.) but I’m not used to typing long texts on a phone.

Hiking in the forest, looking at the centuries-old trees, mountains and waterfalls, I managed not to think about bad people for the most part of my journey, and I can’t explain how relieved, lighthearted and happy I am.

Yet during those short moments I remembered the legal criminals, copyright trolls, I acutely realized the extent of the harm they managed to inflict on this world. How many moments of peace did they trump during their assault on the younger generation? How many folks felt scared, desperate and depressed because of trolls’ unstoppable greed? This harm may very well be beyond repair for some, and I will not forget it.

I used to compare trolls to insects and worms, but seeing those tiny organisms living their lives, having their important little places in the universe, I’m embarrassed for being so mean to those insects and worms; it is unfair to compare these living, loving creatures to unnatural, greedy and sleazy ones – Sperlein, Steele, Siegel, Dunlap, Stone, Ford and scores of other trolls.

I updated the FAQ page. I want to distill and put together all the knowledge I collected during the last months. I will eventually slow down my activity: there are too many interesting things to do in this world, much more interesting than fighting with scumbags. This is not a final version of the FAQ, so your input is appreciated, as always.

Please note that I’m not a lawyer, therefore I can give you an advice, although of course it will never be a legal advice. One of the major treasuries every human being possesses is the ability to think critically. It is tempting to follow a recommendation without thinking twice, but I encourage you to use this site only as a single resource in the ocean of common sense. Think for yourself, do your research, never turn off your sense of humor, and always heed these words written in large friendly letters:

DO NOT PANIC

“About” page has been updated, so new visitors would get up to speed in understanding of the issue. I described who copyright trolls are and why their “business” is immoral and damaging. Also, I told my story in brief.