Patrick Collins, K-Beech v Does 1-414 (11-42412-CA-30)

This page is for documents and information specific to this case only. In most cases, ideas and news are relevant to all the Florida PBD cases, so please do not fragment the discussion: comment on the parent thread.

Documents

Complaint:

Motion for Internet Providers to Disclose ID of John Does

Comments
  1. juancarlosdeburbon says:

    This is the first I’ve seen on International IPTracker v1.2.1. I don’t know why defense lawyers don’t question the use of German-based investigators. The software is not available online and seems to be proprietary. Its use and publishers are out of the reach of the US Court system.

    I cannot find any information on IPP, Limited anywhere. I don’t think they are a German company at all.

    • IPP is no one else by Guardaley, a company that was found guilty in using unreliable soft in a Berlin court. Since then Guardaley masquerades itself as Baseprotect, logistep, IPP International etc. The software itself is a slightly modified open source Shareaza, which opens some uncomfortable questions about proper GPL licensing.

      • juancarlosdeburbon says:

        Thanks for filling in those blanks. It’s still very difficult to find any information on them and questioning their “expert” might be a good way to destabilize their case. If you can discredit IPP and their methods, every other case will collapse.

        • The sufficiency of Mr. Tobias Feiser’s declaration has been challenged by several Does in their respective motions to dismiss, quash, etc. Mr. Feiser and other employees can be set for deposition. As you can imagine the costs for taking depositions in Germany could be rather high. In short, unfortunately a John Doe, or several John Does, will need to fight back with their collective pocketbooks.

          Note: This message is general information and does not constitute legal advice. It is not a substitute for legal or other professional advice.

        • juancarlosdeburbon says:

          Thanks for the reply FCL.

          What may happen, and this has been talked about by some FL attorneys I’ve spoken to, is a class action lawsuit against the trolls, their attorneys, and the software vendor. The suit against the trolls should be fairly easy as they are littering the courts with ample evidence. The suit against the attorneys probably won’t result in much unless the Attorney Generals decide to sanction them. How a lawsuit against the software vendor pans out I am uncertain about. More than likely they’d ignore any summons or make any attempt to reply to the court which would result in a default judgement against them. It may also render their product or a derivative ineffective in any additional cases.

          I am purely speculating at this time and going off what a few attorneys told me. However, the porn companies should probably reconsider their actions. I can guarantee you that a class action lawsuit to recover attorney’s fees, court costs, and paid settlements will be prohibitively expensive. And I hope that wherever they declare bankruptcy the court will recognize that they’ve made millions from Does and should have the financial resources to pay out any settlement.

  2. juancarlosdeburbon says:

    Why isn’t there anything available online about Tobias Fieser or IPP, Ltd in Germany? It would be interesting and very telling if any of the trolls had any financial ties to IPP.

    • Why? I’s clear why: crooks operate in the dark. Any publicity inflict tremendous harm to their sleazy “business”.

      Saying that, I only know some facts on the surface, but it is obvious that anyone dedicated enough can untie this dirty knot. I simply have neither time nor resources to dig in this direction. There are lots of discussions in German that are hard to understand using Google translator.

  3. Raul says:

    From the complaint:

    “52.Plaintiffsare interested in and entitled to this information so that Plaintiffs may bring claims of copyright infringement against the Defendants.

    53.Plaintiffs have a right to the relief sought in order to identify the Unknown Defendants ,which is a condition precedent to Plaintiffs serving process upon such Defendants.”

    It is interesting that the complaint contains the phrase “may bring claims of copyright infringement” instead of “may commence copyright infringement lawsuits” or something similar (53 is is also ambiguous) Is this is because once armed with the Doe info, Lipscomb and crew don’t really need to file suit before commencing with the letters and phone calls?

    • Tired says:

      Anything going on with this case ? My name is about to get released to the trolls. I don’t see if any motions to quash have been granted or not. It also doesn’t look like anyone has settled since there does not seem to be any activity with regards to people being dropped out of the case.

  4. Tired says:

    Anyone know what is going on with this case? My name is about to be released to the Trolls. I see a bunch of requests to quash but nothing else. Unlike some other cases, I don’t see any Does being dropped most probably from settlements.Considering this case is now 6 months old, wondering how much longer it will go on.

  5. Collins deserves jail time says:

    Also on the brink of being named. I’m wondering what my best option might be. I called a lawyer in Miami who’s filing for quashed subpoena in many such cases, but wants $1,500 to do so. I’ve read various accounts indicating settlements of $2,500 to $3,000, if it ever reaches that point – as such, I’m not particularly motivated to dish out $1,500, particularly since I didn’t have a computer capable of such downloads at time alleged in subpoena. I REALLY wonder about how these trolls got an IP associated with me.

    Anyway, the lawyer wants $1,500 but was at least plain enough in speech to say that if my name’s released, I’ll almost certainly face harassment by phone, possibly even in the workplace, but that Collins hasn’t moved to federal level suit (I’m on the west coast, far from the cesspool that is Florida). How pathetic, I’d be okay. However, I don’t have whatever figures they’re hoping to extract.

    I can’t afford to have a lawyer file motion to quash but have read a bit about filing a motion to dismiss. Is this a sensible route?

    • juancarlosdeburbon says:

      The attorneys quoting $1500 said the same thing to me. I told them to go pound sand and they were no better than the extortionists.

      $750.00

      Richard M. Viscasillas, Esq.
      3400 NE 192 Street # 508
      Aventura, FL 33180
      Tel: 954-663-4969
      Fax: 954-333-3635
      Website
      Florida and Federal Bar Member Since 1989

  6. Doe_Defender305 says:

    Tired and Collins,

    There are three options:

    1) File a motion yourself. Unfortunately, almost all of the Miami-Dade Bill of Discovery cases have Orders Granting the trolls’ motion (which are drafted by the troll attorneys) which contain a language that no anonymous filings will be accepted. Outrageous, I know. However, those John Doe motions are kept in the clerk’s file, but the Judge may ignore it or throw it out.
    + Upside: Cheap – your own labor plus postage/copies. Will stop most ISPs from disclosing info if you fax it to them by the ISPs own deadline.
    – Downside: Your motion might not be considered. You could inadvertently disclose your own info to trolls. You might waive some defenses that you will not know about because you are not a lawyer. None of these are a huge deal so long as the copyright

    2) Hire an attorney. Don’t wait until the last minute. An attorney will (hopefully) draft a tailored motion to quash, dismiss, or otherwise as is applicable to your set of facts. The motion may or may not be set for hearing depending on you and your attorney’s strategy. Your attorney will get a call with a settlement offer from the trolls. It will be in the thousands. The rest is up to you and your lawyer. You should negotiate fees. Lawyers do hourly rates or flat fee. If it is a flat fee find out how much work and what is included. If it is hourly get an estimate of how many hours it will take/cost to do what you want to do. Get a written retainer or fee agreement.
    + Upside: Someone else dealing with it for you. Saves time. Your info will not be disclosed to ISPs, unless the motion is heard and you lose.
    – Downside: Costly. Paying one or the other, the troll or the doe defender. Again, negotiate the fee. Federal court will be more than state court. Ask.

    3) Ignore. Let the IP release your info. Get harassing calls, emails, and possibly letters from trolls. Ignore those. Wait until they give up. They may or may not give up. If they don’t you risk being sued directly under your own name, in your state This may be unusual. Note: for the Florida state cases if you are in Florida, and especially if you live in the same county where the case is filed you should not ignore it. See #1 and #2.
    + Upside: Free.
    – Downside: Risky. Annoying calls. You could eventually be named in a copyright lawsuit (by name).

    Note: This message is general information and does not constitute legal advice. It is not a substitute for legal or other professional advice.
    Note: I am beginning to think the trolls already have some Does information before they file suit. If you are one of these Does (no suit filed, but getting calls) it is an entirely different story.

    • Raul says:

      I have seen a few FLMD, EDPA and EDMI dockets where the lawsuit is filed but shut down a month or even weeks later without any real activity. Its almost as if the filing is an afterthought or a final act of FUD as the Trolls may have begun the harassment earlier than the filing of the lawsuit.

  7. Tired says:

    Now that the trolls have my name and started contacted me, what are the next step(s) for them and me? I get the impression they have only a certain amount of time for them to name me in a new suit since this is only a Pure Bill of Discovery and my name is not associated with any suit whatsoever. Looking at this case on the Florida Clerk of the court site, it just seems to have been dormant for a long time. I see a few Motion to Dismiss, does that mean these are people that have settled with them? I’m trying to figure out when they’ll abandon the case once they reach a certain amount of people that have settled. My goal is just to hang out and ignore all their calls/letters.

  8. Tired says:

    Stuck in the South Florida Pure Bill of Discovery. Troll(Lipscomb) has my name and has been calling. Here is a transcript of the latest call I got from them. Does this seem to like the standard Troll call?

    Hello, my name is ‘insert Troll worker bee’, I am contacting ‘Insert Name’ with regards to the copyright infringement case ‘insert case #’.At this time I am assuming that you are declining any resolution to this case before moving forward into Federal Court in ‘Insert my State’ . At this time I am assuming that you have retained counsel and I do need you to have your attorney contact me as soon as possible at ‘insert troll phone#’. And if for any reason you have not retained counsel yet which I do strongly suggest that you do, I need you to contact me either way so that I can provide you the information on the case as it proceeds forward into Federal Court, judge, jury, litigation and things of that sort. So, again my number is ‘insert troll phone#’. Thank you so much I look forward to speaking with either you or your attorney and have a great day.

    Enjoy the 4th of July folks.

    • Anonymous says:

      I’m in the exact same boat. I received calls from at least 4 different people all tracing back to the following number (818-292-8930) which appears to be some sort of collection agency (Glen Powers/Lauren Michaels – http://whocallsme.com/Phone-Number.aspx/8182928930)

      In my messages, they’ve told me that my ISP would be notifying me (the State case was filed back in Sept 2011) but they would have more information for me if I called them. Only once did they tell me the case number and it took me a very long time to figure out it wasn’t even a federal case (which is the only proper venue for Copyright) and I do not live in Florida.

      They are like clockwork. Calling every 1-5 of every month.

  9. juancarlosdeburbon says:

    One year later and this is going nowhere fast. Hope Lipscum doesn’t need to collect any evidence from the Does, we’re slowly approaching the 1.5 year mark from the recorded infraction. This has dismiss written all over it.

  10. SomeDumbJohnDoe says:

    Last docket entry: FWOP NOTICE GENERATED. In the comments for the entry, it says 10/23/2013 9:00 AM. I don’t know much about it, but FWOP means For Want of Prosecution, meaning the courts are declaring that since there is no movement on the case (there hasn’t been for about a year), they will dismiss the case soon. I’m assuming the date of 10/23/2013 is the date the case will be closed if there is no more activity by the prosecution. Can anyone confirm this?

  11. SomeDumbJohnDoe says:

    Dismissed, as of October 23rd.

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