New York
Attorneys who defend troll victims
- Ray Beckerman an EFF veteran. Check his blog “Recording Industry vs The People.” — timely updates on many cases.
- Kubs Lalchandani from Florida firm Lalchandani Simon. Obviously, licensed in Florida.
- Dan Booth of BoothSweet LLP: an attorney from Boston, one of the best. Obviously, licensed in Massachusetts.
- Rob Cashman: an attorney from Houston, TX. Rob is obviously licensed in Texas.
Do not recommend
- Maurice Ross
Comments
In Next Phase Distribution v. Does 1-27 (SDNY 12-cv-3755) Judge Marrero on 7-31 filed one of the longest and better Decision and Orders explaining to Troll Meier why he needs to pack up and leave. The Judge also seems to be appealing to other judges in his district to change their minds with a nice overview. He also ruminates at some length on the notion that obscene material may not be entitled to Copyright Act protection. Enjoy! http://ia601206.us.archive.org/0/items/gov.uscourts.nysd.396484/gov.uscourts.nysd.396484.10.0.pdf
On 8-21in a well reasoned and lengthy (19 page) Opinion and Order Judge Ramos severs all Does with the exception of Doe 1 from four of Troll Kotzker’s Malibu Media lawsuits (SDNY 12-cv-2949, 3810, 3818 and 3821), limits discovery and issues a protective order. http://ia601204.us.archive.org/26/items/gov.uscourts.nysd.396513/gov.uscourts.nysd.396513.5.0.pdf
I think limiting discovery and issuing a protective order is good news. Hopefully this will spread. However, after hearing about all the trolls harassing people at work they are obviously getting additional info somehow. Even if they only get the name and address, what is to stop them from running a credit report getting work and other history? If these places truly are using debt collectors, they have access to that in a second (I knew someone that worked at a law firm specializing in debt collection). Obviously, if they aren’t above harassing, extorting, etc. they aren’t above taking the basic info and running with it.
As John Steele puts it. You mess with the bull, you get the horns. Well, Kotzker messed with the bull, here come the horns (EDNY)
http://www.rfcexpress.com/lawsuits/copyright-lawsuits/new-york-eastern-district-court/91600/malibu-media-llc-v-john-does-1-10/summary/
http://www.zwillgen.com/attorneys/ken-dreifach/
DTD
Barely newsworthy as NY is dead to trolls but on 8-21 in a consolidated Malibu Media action (SDNY 12-cv-3810) Judge Ramos severed all Does from four of Troll Meier’s lawsuits leaving behind the Does 1s. Judge Ramos rejects troll swarm joinder theory finding that the 6 week life of the swarm makes this rejection self evident and that joinder will not promote judicial economy. http://beckermanlegal.com/Lawyer_Copyright_Internet_Law/malibumedia_does1-10_120821OrderSevering.pdf I have not followed up but it would be interesting to see what became of the Doe 1s as Meier rarely pursues them and “discovers” that they are outside of the court’s jurisdiction because he is a mealy mouthed scumbag.
Fun fact – Troll Meier moved for expedited discovery back in April so this Opinion and Order is a belated April Fool’s Joke on the carpetbagging troll.
Incredibly after getting bitch slapped by Judge Brown, Troll Kotzker continues to go after Doe 1 (EDNY 12-cv-1154) in his court. http://www.rfcexpress.com/lawsuits/copyright-lawsuits/new-york-eastern-district-court/91607/patrick-collins-inc-v-john-does-1-9/summary/ Doe 1 wisely retains Michael Scotto an attorney all too familiar with racketeering http://www.msek.com/news-article/michael-a-scotto-appointed-of-counsel-in-meyer-suozzi-english-klein-criminal-defense-group.php Do you think Doe 1 might interpose a RICO counterclaim?
God I hope a RICO counter-claim is brewing. Kotzker is insane (as defined by Einstein). I can’t believe he’s going forward with this, and now he’s going after someone who’s represented by an attorney who used to go after organized crime families for a living. Brilliant! He’s getting pounded by a pro se in Colorado, and about to get pounded by some heavy artillery in EDNY.
Read his declaration, it’s like a cross between a middle finger and an ass kissing. I can’t believe Brown didn’t see right through this and sanction his ass, or maybe he’s just biding his time. Here’s the declaration…
http://ia601502.us.archive.org/9/items/gov.uscourts.nyed.328096/gov.uscourts.nyed.328096.16.0.pdf
Cablevision backed down in EDNY and is complying with Kotzker’s subpoenas. No idea why they had to retain Ken Dreifach just to say “oops, sorry, here ya go.”
http://ia601201.us.archive.org/18/items/gov.uscourts.nyed.328090/gov.uscourts.nyed.328090.16.0.pdf
Kotzker’s letter to the judge saying he and Dreifach have reached a mutual agreement *gag* *vomit*…
http://ia601201.us.archive.org/18/items/gov.uscourts.nyed.328090/gov.uscourts.nyed.328090.17.0.pdf
I am not convinced that NY is completely “dead”. Copyright litigation may have failed in some cases in SDNY, bu there are other districts largely yet untested, like NDNY, and things are Kotzker is moving along in EDNY.
“Uh-oh! Look what daddy did!”
http://apnews.myway.com/article/20121023/DA23F2900.html
Fantalis might what to read this one.
Well, it looks like Third Degree Films is continuing to go after people in New York. Plaintiff counsel is not listed. But the old lawyer for it was Mike Meier. It looks like an old case or something that was been transferred to a different district.
http://www.rfcexpress.com/lawsuits/copyright-lawsuits/new-york-eastern-district-court/259967/third-degree-films-inc-v-eugene-hennigan/summary/