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Liberty Media v. John Does 1-441.
Post your questions, comments and concerns here.
Thanks Raul. Took a look at that docket (http://ia600607.us.archive.org/5/items/gov.uscourts.casd.347875/gov.uscourts.casd.347875.docket.html) Looks like things didn’t go to well for the Randazza concerning the last named and served Does in case 3:11-cv-00651 (Liberty Media Holdings v. Tabora)
On 5 Jan 12 – CLERK’S JUDGMENT. IT IS SO ORDERED AND ADJUDGED that judgment is in favor of Cary Tabora, Schulyer Whetstone against Liberty Media Holdings, LLC. Court grants Defendant Tabora’s motion to dismiss, denies Pla’s motion for default judgment, and dismisses Pla’s Complaint for lack of personal jurisdiction. Case is closed. (jah) (av1). (Entered: 01/05/2012)
Yes the judge had previously granted a default on the original complaint and then reversed himself on the amended complaint (if I recall correctly). Also denied Randazza’ attempt to transfer lawsuit to FL. Other stuff there as well.
Correct recollection. Sadly, they resurrected it in nysd, 12-cv-02234 2 months later. This saga is a big reminder to NEVER SPEAK TO TROLLS, except for the Richard Pryor Response (see DieTrollDie’s site for that.)
Down on the Farm has had an assortment of trolls: Randazza in CA & NV, Andrew T. Miltenberg in NY, Jason Allan Fischer in FL, perhaps others.
It is hard to imagine the misery and depression that “Down on the Farm” has generated across this country with closeted gay men. These lawsuits, in my eyes, are just evil
@Raul – it is much worse than most people can imagine. Despite what Randazza’s supposed expert, that he has never named (I asked him at least twice, but he was busily running away from my questions), told him there are those who find themselves considering self harm in response to these shakedowns.
@Anon – the other trolls are farm teams taking the hit. Randazza isn’t cleared to practice in those states. He wasn’t cleared in NV when he moved his offices there, following LMH moving their porn ops out of CA to avoid the mandatory condom rules. They followed that up by heading to South America and getting new models to go bareback for pay. Exploiting people in other countries for profits, sounds about right.
I often wonder if the shakedowns started to just fiance their new NV studio.
Taking a look at these two cases (00651 & 02234). Do you know if 00651 was based off of a previous mass case? If so, I’m wondering why Tabora’s attorney isn’t trying to get it dismissed based on FRCP 41 (a)(1)(B)?
(B) Effect. Unless the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.
Lets not forget Fraga. He has made some great arguments. Again, sloppy copyright registration.
The Fraga case makes me sad, mainly because it seems no one but me has noticed the original proof of service gives an address that is in the middle of a lake as where it was served. One might think you would notice that 320 is not 19. That proof of service was used to get the first default judgement.
Given there is another Randazza backed case where they tried to serve 3 times and moved for default everytime, and tried to hide facts about how and where they were serving the defendant. (In another state, at his place of employment). Everytime the Judge kicked it they filed to keep it alive.
Fraga should enroll in law school when he graduates from college as this lawsuit will still be dragging along. Fraga, by all appearances, is brighter than the troll who does not know when to cut bait.
I know, These guys are really bad business people.
Allowing defendants to knit the rope from which they will be hung!
Two older blogs posts pertaining to LMH but interesting reads nonetheless:
The first link is for a case that I do not think is the standard copyright trolling. Pretty sure it involved someone sharing logins to the site. Its been a while since I looked at it.
Randazza and LMH are pretty classy, they’ve been matching client IP addresses to the shakedown lists.
TAC thanks for the background, I would have never known.
TAC can you elaborate on “matching client IP addresses to the shakedown lists”
Look at the $200,000 Settlement case.
He was a customer of LMH, who downloaded then uploaded content he got. They didn’t have the standard trolling mass suit to find him, he was named from the get go. IIRC they stated they had records of his downloading the content on his IP and then saw that IP uploading same content. He folded like a house of cards, and signed that stupid agreement.
In the weird NVD alleged stalking case Liberty Media Corp., et al v. Bean http://ia601206.us.archive.org/11/items/gov.uscourts.nvd.87087/gov.uscourts.nvd.87087.docket.html Defendant consented to a judgment http://ia601206.us.archive.org/11/items/gov.uscourts.nvd.87087/gov.uscourts.nvd.87087.7.0.pdf
This is a bit random………….from the Fraga case
Motion in another case along the same lines
The attorney representing the defendant is shocked to discover that Troll Randazza is a discourteous, ethically challenged, mean spirited prick.http://ia701201.us.archive.org/21/items/gov.uscourts.nysd.393886/gov.uscourts.nysd.393886.11.0.pdf The lawsuit is Liberty Media Holdings v. Tabora (SDNY 12-cv-2234) and the docket is here http://ia601201.us.archive.org/21/items/gov.uscourts.nysd.393886/gov.uscourts.nysd.393886.docket.html
If Tabora’s motion is successful with respect to the portion arguing that there is no valid copyright registration for “Down on the Farm”, you can envision the potential for a class action to claw back settlement monies from all previous and current lawsuits involving this title.
And Randazza’s buddies in this lawsuit, Miltenberg & Santori are infamous for suing homeless people.
I know TAC alluded to this earlier but using service of process as a harassment tool? Incredible.
Why would that surprise you at all?
Remember this is Randazza who when challenged he might be outing gay teens and that could lead to tragedy told them to lie and say it was Bi porn, and an expert told him no one would consider self harm in face of his allegations and threats to tell the neighbors.
Checkmate, Troll! http://ia700606.us.archive.org/34/items/gov.uscourts.cod.125863/gov.uscourts.cod.125863.70.0.pdf
Randazza is locking horns with a Russian and 500 Does, this ought to be good (not the 500 Does part). http://newswire.xbiz.com/view.php?id=150218 Here is the complaint filed in NVD entitled Liberty Media Holdings v. FF Magnat Limited d/b/a Oron.com; Maxim Bochenko a/k/a Roman Romanov; and John Does 1-500 (12-cv-10527) http://ia600705.us.archive.org/22/items/gov.uscourts.nvd.88374/gov.uscourts.nvd.88374.1.0.pdf
Oron’s TOS seem pretty ironclad, I wonder how Randazza is going to maneuver around this boilerplate:
8.4 Copyright or Trademark Infringement
Oron.com Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party’s material, you must obtain prior authorization. By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. Oron.com reserves the right to suspend or terminate a Customer’s transmission(s) that, in Oron.com’s discretion, violates these policies or violates any law or regulation.
Notwithstanding the foregoing, Oron.com undertakes no responsibility to monitor the Content made available by Members. Oron.com operates the Site and Services as a neutral party, and Oron.com does not regularly monitor, scan or regulate the use of the Oron.com and/or services by any of its Members. The use of the Oron.com and/or services by a Member or otherwise does not constitute an endorsement by Oron.com of that member. Oron.com is not responsible or liable for the acts, omissions, agreements, promises, content, content links, other products, services, comments, opinions, advice, statements, offers and/or other information made available by, or related to, any member or other third party.
Round 1 goes to Randazza http://newswire.xbiz.com/view.php?id=150302
Yeah, but are they going after ONLY Corbin Fisher related works that were upoaded/downloaded, or are they going to dissect the entirety of Orons uploads/downloads and go after people who may have downloaded stuff from a different studio. Or are they bound to seek out only the Corbin Fisher stuff because thats who the plaintiff is?
Only Corbin Fisher works would be my guess..
If Randazza was French, not Sicilian, I would refer to one of my old posts. Otherwise I don’t know what to say…
Even though there in not a single Russian to be found in the book (if memory serves correctly) my junk cultured mind recalled this older crime novel.http://www.amazon.com/Trinities-Nick-Tosches/dp/0385470037.
Nonetheless, I am assuming the defendant is loaded and can afford top notch legal talent so am anticipating a pitched battle which may, in the end, resemble Minard’s graphic. Correct me if I am wrong but this seems like a civil parallel to the criminal proceeding, U.S. v. Kim Dotcom, et al
It seems as if Randazza is trying to reignite the Cold War! http://ia600307.us.archive.org/1/items/gov.uscourts.nvd.87977/gov.uscourts.nvd.87977.9.0.pdf
Well, though the owner of that site has obviously Russian name, it’s not clear where the company is located/registered. Their store “ships from various warehouses in USA,” which gives Randazza a lot of leverage.
Half of the argument is the same argument used by DoJ to seize Megaupload, they had stuff in the US so US law suddenly totally applies to a foriegn company.
Curious how such a case affects Orons customers????? Are the individuals they go after the ones who operate Oron and who are uploaders of the copyrighted files in question or do they pilfer through all of Orons customers and determine (if possible) as to what each customer may have downloaded (assuming only downloading was done and no uploading).
Oron has money from people paying for better access to the site, when in doubt you sue the person with the most money. See almost every lawsuit against things on the internet where they always manage to add Google as a defendant.
But this is the new pornographer’s push to kill off cyberlockers and get people to move to their pay tubesites. Of course there are free tubesites, but the porn industry wants you to know they are only popular because they “steal” content and not because there are thousands of people sharing their home made porn which is way hotter.
I noticed a trend with Mr. Randazza and others that they routinely refer to people committing “crimes” or that the open wifi owner knew about the “criminal activity”
It may seem simplistic, but i was reading about this and copyright infringement is only subject to criminal prosecution if infringement is willful and for purposes of commercial advantage or private financial gain. How have more judges not caught on the this?
In LMH v Tabore Randazza was quoted in an AVN article:
“The EFF is lying. The Tabora case has nothing to do with open Wi-Fi networks whatsoever. In this case, the allegation is that Mr. Tabora knew that his roommate, Whetstone, was using his internet connection to steal copyrighted materials and to redistribute them. This has nothing to do with some unwitting open wireless network operator. The very narrow question in this case is, ‘if you know that you’re giving someone the instrumentality of a crime, shouldn’t you be held at least partially responsible?‘” (my emphasis)
Am i just being nit picky?
Nope, you’re not being nit picky since the Department of Justice agrees with you.
Second, the criminal penalties of 17 U.S.C. § 506(a) for willful infringements undertaken for purposes of commercial advantage or private financial gain, form an important part of the copyright enforcement scheme.
That’s why, to use Randazza’s own phrase, he is such an asshat given that he recognizes that copyright law preempts any negligence claim, and he still pushes for it. We should all be asking how many trials he has actually tried to verdict before a jury? If the answer is none or very little, which shows his lack of experience as a trial attorney, more asshatness on his behalf.
The main real reason for the negligence claim is to deal with Does who say I didn’t do it, I was out of the country, my wifi is open, etc. These are all valid defenses to the claims of copyright infringement and would cost them more time and hassle to try and prove in court.
Trolls do not like court, it opens up how they get their data to being reviewed and tossed out.
Every named case always starts with a claim of an admission of guilt by the named party on some level, this means the IP address gathering is no longer questionable.
This is why you NEVER NEVER NEVER NEVER NEVER talk to trolls.
The negligence claim added to the original complaint about the Doe’s gives them a leverage point to use on innocent people. Well even if you didn’t do it, your responsible and we will seek up to $10,000 for you being negligent. See the few thousand we are asking for is much more reasonable, and then we don’t have to tell your neighbors you were involved with gay porn.
Randazza “won” a negligence settlement at least once for the full $10,000 and I am willing to bet his staff as no problem informing people of that “fact”.
It is quite obvious this entire porn related copyright mass lawsuit frenzy is spinning out of control and the trolls and plaintiffs are desperately widening their circle of impact and and going after, what appears to be, any IP associated with any porn involvement. Is it safe to say that if all you do anymore is to legitimately visit a site, such as a gay porn site, then that site will log your IP and wrap you into their next extortion round. Sites put up images and teaser videos for you to see in order to lure yo in. But if you have been logged as having viewed those images, and thus by default have made a copy of those images, then you might find yourself in a situation where you are being blackmailed. The extortion letter is cleverly crafted but the bottom line is that it is a threat that if you do not pay the settlement then your name goes public in a lawsuit. How is that not a threat???????? I know in my State that there is a law (felony), that if anyone makes such a threat……pay us money or we will press charges, then they have committed a felony. Please explain to me how these settlement letters are not this. Is it careful wording? I thought a lot of law was based on intent. What is the intent of the settlement letter and what is the end result.
Intent is what separates severity of criminality. If I intend to commit a crime it is willful, but if I never intended to then it is non-willful. Then there is the term egregious, which I am well aware of. It seems to me these troll outfits are committing egregious acts of extortion and that this has become so lucrative that porn sites are now logging all IP’s of mere visitors to their web sites for extortion harvesting. The same can be said for the thousands of “Thumbnail Gallery Posts” wherein porn sites seed these TGP sites with lures, generally 13-16 sample images of photo sets. These photos are never locked from copying and thus if a Doe copies an image then that Doe is guilty of copyright infringement. The problem is that it is an easy matter to prevent images from being copied (right click – copy), but they do not.
The word needs to be spread and quick to the rest of the nation that by going to ANY porn site, as a mere visitor, you are being logged and prepped for lawsuit bundling. It is quite clear this is what is developing. I hate to say it, because porn has been around since people have been around, but the mainstream porn industry is going to totally vanish by their own hand, and rightly so. Perhaps this is why the liberal government is not intervening because they understand this and are wanting this industry to go away anyway. Our current president is a copyright advocate and will side with the porn industry on this and will allow the entire US population to be extorted before doing the sane and American thing to utterly put an end to this extortion. Therefore it must be up to us, citizens, to cap this lunacy. You cannot threaten hundreds of thousands without a small percentage of horrific retaliation. I believe it will happen, and the criminal extortionists will cry and everyone will publically state how wrong it was for these isolated acts of retalliation to occur. Bullshit. Those acts are a result of being pushed against a wall and threatened with the destruction of your life. America has become too candyass and afraid of everything. We have forgotten the assholes like McCarthy. Remember that prick? Yeah, he has a new name now…it’s called “copyright troll”
Copyrights are valid but what these trolls are doing is twisting and perverting this facet of law, and in fact, creating themselves a copyright infringement atmosphere. For example, in the old days, to make a copy of an image was a challenge, but now in the digital age all you have to do is click a thumbnail to open the full sized image and “presto”, you just “legally” mad a copy of the image. In the TGP’s, does it say anywhere where you are allowed to view the full sized images? Are you given permission to do so? Is it implied? The internet and the digital age has allowed this mass extortion to exist on a massive scale and it is being allowed to happen (insane) iT IS TOTALLY AND UTTERLY INSANE.
SPREAD THE WORD ABOUT WHAT ALL THESE PORN SITES ARE DOING. IF NO ONE VISIT ANY PORN SITES THEN MAYBE THIS WILL BE THE ONLY WAS TO STOP THIS LUNACY. IF YOU CANNOT KEEP YOUR HAND OFF YOUR DICK AND HAVE TO VISIT A PORN SITE THEN I HOPE YOU HAVE THE BUCKS TO FEND OFF A TORRENT OF EXTORTION DEMANDS.
And good luck thinking VPN’s will protect you. First, if they even survive and are allowed to exist, you can bet they are logging your activity regardless of what they say and will hand over your activity just as soon as they receive any subpoena to do so, and I think we are all quite aware of just how easy it is for a troll outfit to get a subpoena ordered from a judge-on-the-take.
I don’t think you realize just who is behind destroying internet anonymity. It is the governments of the world. Iran, China……so forth and so on have discovered just how toxic an open internet can be to their abusive governments. The US Government discovered this through watching events unfold in other places. Our own government has a very vested interest is removing every trace of anonymity on the internet and you can bet your ass it’s gonna happen. VPN’s might slow it down for a few more months but that is about it. The only real solution is to fight them like their is no tomorrow; but when they win, then we retaliate by simply refusing to use the internet the way they want. we refuse to play their game. I live my life currently without a cell phone by choice and I can see myself living my life without the internet in the very near future.
Stay away from any and all porn related SPIDER-WEB Sites, spread the word.
tldr; visit a porn site and you will be sued. VPNs will be banned. live in a cave so the man can’t find you.
HAHAHAHAHA!!! That is the funniest summary I’ve ever read. Nice work!
Actually I agree with what shutemdown says. The government has been trying really hard to censure the internet. What better way than to let the copyright trolls do the dirty work for them. I have a strong suspicion the Supreme Court is going to side with the Copyright trolls here, and then all hell will break loose. So, in all seriousness, if you want to cast caution to the wind then go ahead. I hope you have the extra funds laying around to pay off the mafia…aka, copyright trolls. The US Government is in the business of having others do their dirty work, and has proudly been doing so for many decades. Remember the weapons of mass destruction fiasco???
As far as living in a cave is concerned, lol, ok whatever. I think the ones who are going to come out of this with their pants still on are the ones who think it’s gonna get a whole lot worse before it gets better, and personally, I dont think its ever gonna get better. Governments around the world are reeling in the internet. If you cannot agree on that then all I can say is……Hope it works out for you. VPN’s are not going to be around much longer. At least not in the way the currently are. Most (99.9%) of the people who frequent this site are looking for a quick fix to the problem they got themselves into. The problem is that there is no quick fix. No one is going to swoop in and save them. But I agree that the last thing any of us should do is talk to the scumbags in any way shape or form and certainly not pay their settlements. If you pay once they got you. You have admitted your guilt and they will ripen you up for the next round, and you know your gonna pay again because you already admitted your guilt once. It’s either pay-up or get the community label as the guy down the street who jerks himself off 25 times a day to PORN, yes, that evil PORN, lol. The second you pay the settlement you are royally fucked. They can tap into your ass anytime they want.
Randazza was in attendance and delivered a passionate speech “Naughty Negligent Pirates” http://www.lohud.com/article/20120624/NEWS02/306240069/Families-embark-Tugboat-Day?odyssey=mod|newswell|text|News|s
Here is a link to a NBC Bay Area story on the Trolls. Randazza was the only one who would talk to them. Least he isn’t a chicken-shit like Steele and Siegel. http://www.nbcbayarea.com/news/local/161158025.html
Here is some great advice from Randazza’s mouth – “Randazza is not one of the attorneys involved in the suits involving the women we spoke with but he insists the number of innocent people who are scared into settling… is tiny. “I think that happens as often as you see a unicorn. People don’t pay because they didn’t do it. People pay because they did it or it wasn’t them and it was somebody in their household,” he says.”
“People don’t pay because they didn’t do it.” —- Don’t pay these bozos a dime!!!!!!!
Tell them to sit & spin on the unicorn horn you have for them.
SF Blog picked up the NBC story. http://blogs.sfweekly.com/thesnitch/2012/07/porn_industry_marc_randazza.php
Of course Marc had to say something.
marcorandazza 23 hours ago
“Mich Stoltz is a liar. I’m not sure how he claims to know what I care about or don’t care about, but his statement in this article is 100% false.”
here are some interesting documents.
Randazza is using the megaupload case in support of this extortion? I think he has been hanging out near too many nuclear test sites out in Nevada.
Wow! I love this part of the Randazza offer.
“Liberty will assist in providing some public relations help for Oron in order to minimize the chance of other lawsuits being brought against it. This shall include, disingenuous as it may be, public statements that we are convinced that Oron does have DMCA protection.”
“Disingenuous” – What? Liberty or Randazza would never do or say anything disingenuous. AKA: Lie.
Is Liberty Media only gay porn or do they do straight stuff also?
Oron turned over their customers. VPN’s will end up doing the same thing. Actually, any and all presumed safe places will. The trolls are attacking on all fronts and the courts are allowing it. It does not matter if it is legal or constitutional or what have you. Do you really think the gov and the courts actually stop at the constitution, LOL. they do whatever the hell they want and twist the intent of the constitution to suit whatever exploits they want to explore. Sorry to be the brutal bearer of reality.
It’s a matter of trust. Not 100% trust, but some are more trusted than others. There is HideMyAss (SellMyAss) on one end, there is AirVpn on the other. I trust the latter 99%: this is the only VPN run by activists (just look at their Tweeter feed). Of course you cannot rule out elaborated operation by authorities, but being gullible and being paranoid are both extremes I’m trying to avoid, and for the price of getting occasional kicks I buy much more: a normal life.
What I don’t understand is how can the judge issue a TRO and freeze all the funds of some company without hearing the other side or someone investigating the matter. I am looking at this from a layman’s perspective with no legal education. But it just seems incredible that this can happen. Not to mention that Oron is Hong Kong based company.
Regardless of the this particular case shouldn’t the company be protected somehow. Even if the case is very weak and a defendant wins it they still risk loosing their business by not being able to pay expenses and they loose by not being able to earn money until the issue is resolved which could go on for months.
Latest filing in the SDNY in LMH v Tabora http://ia601201.us.archive.org/21/items/gov.uscourts.nysd.393886/gov.uscourts.nysd.393886.31.0.pdf
Reading this just exposes the complete lack of legal basis for these claims. They go so far as to admit that they have no case law to support this on the facts at hand.
I certainly hope the judge sees through this sham. Even though I love a good tugboat story.
I’m just a laymen, no legal training at all, but it would seem to me that Mr. Tabora has a duty to his ISP and not a third party producing porn as they would like to present. I can’t keep wondering how far they can stretch their suppositions. In my ethics classes in college this would be call a fallacy by false pretenses, or something along those lines. It goes something like this.
If you were to pay the troll to cross the bridge, but did not pay the troll to cross the bridge then you are a thief. Never mind the material fact that the troll had no right to collect the tolls in the first place.
I can’t believe that Mr. Tabora did not counsel his roommate to knock it off. Did he honestly have a duty to bear expense in installing monitoring software on his Internet connection? I believe the TOS simply state that you are not to allow illegal activity. Was his duty not carried out if he were to provide notice to his roommate. I doubt that this the thing you draw up a legal contract and place on the fridge as the troll would imply.
Get real, if your intent is stop piracy then issue DCMA’s. At the very least allow your ‘expert witnesses’ to be disposed. Show us just how your ‘torrent trackers’ work. I’ve got a fresh bowl of popcorn like many others and we’d be a most captive audience for your demonstration. Why has any of this never been brought to light?
I think that is an easy question to answer!
This entire negligence debate is quite nicely foreclosed by the ironclad argument first put forward by Doe Defender Nick Ranallo that this avenue of recovery is preempted by the Copyright Act, later picked up by the EFF. I am betting my entire collection of unicorn driven tugboats on this argument as it is a winner.
[…] Enforcement GroupDunlap, Grubb & WeaverCanada: a new frontierLiberty Media and Marc RandazzaCounter actions against trollsFAQsOur FAQFAQ from TACTips […]
Fraga’s argument about the Title being wrong on the registration was correct. Tabora’s case was dismissed based on the same reasoning.
OMG-this is huge! Randazza’s TOOt, TOOT tugboat theory of negligence gets flushed down the toilet as the actual piece of shit it was masquerading as a legit legal theory.
Also, calling all pissed off Does who have either settled or been sued for infringing on “Down on the Farm”, time to contact any preeminent class action law firm as it is now time for some Doe Retribution.
Cannot believe the good news pouring in today!
High Fives to All but especially TAC and SJD on this terrific news!!!!!!
Ditto to unicorntugboat!
I’m a little tugboat short and stout, here is my handle, here is my….wait….is that a torpedo….oh shit! *gurgle gurgle*……. http://www.youtube.com/watch?v=1TAH2Jbj_ck
It was also dismissed b/c it was completely bogus. One “fatal flaw” does not even warrant the Judges discussion!
The negligence claim suffers from at least two problems, each independently fatal
to its survival. It is necessary, however, to discuss only the first.
I was reading a thread over at GFY in which one of the posters was going on about how other porn groups should get a hold of Oron’s uploader/downloader lists so they can jump on the bandwagon to send out emails/extortion letters. Is that even legal?? Are other porn outfits able to get their hands on those lists? I may not be a lawyer, but it would seem to me that those lists are privy only between Corbin Fisher and Oron, not anyone else. Does anyone have any knowledge of this type of scenario?
Not sure why this is a surpise to people, sleezy sites will cover there butts and can’t trusted. Quoted from the terms of services on oron.com
Further, should Customer violate this policy, Oron.com will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, Customer’s site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
It is this boilerplate and the other provisions which would seem to insulate Oron, and yet Randazza has them over a barrel (for now?).
Apparently Oron’s attorneys haven’t noticed that most of the Titles listed by Liberty in the complaint(the same Titles that are listed in the movies themselves) DO NOT match the title on the registration.
But my question is to whether these upload/download lists by users are now open for anyone and everyone to grab and lay claim to lawsuits/extortion attempts. If this is so, then the fallout would be monumental and would send this trolling issue well into an entire new realm. It seems to me though that since Butt fuck boys productions are the ones that sued and over their own titles, that info divulged would be limited to them alone unless there were other production companies wanting to follow suit and do the same. But to pick over a list seems almost illegal or at the very least, very unethical. Oron castrated themselves through tossing their customers under the bus, as will all other filelockers.
AFAIK what you refer to would be unlawful. A company cooperating with law enforcement for certain information in regard to a specific charge is very different than widely sharing customer lists to form the basis for non-government authorities to make widespread allegations. Both Oron and a troll group would get in trouble for sharing information in this way. It would jeopardize the basis of the troll cases against Does. Not saying it wouldn’t be done, but that it opens trolls themselves to great liability.
As far as the movie titles versus registration goes, I don’t think Oron ever had any intention of going to court over this. It is pretty evident they were trying to grab as much cash as possible through the court (attorneys fees) so they could skip town and leave all their customers packing sand. When that road did not work out they then tried to arbitrate for a much lower cost and of course an overwillingness to toss it’s customers under the bus. At the end of the day, that Russian cocksucker will still walk away from this with a shitload of money, property, capital, etc, and the customers of Oron will be fending off extortion demands and lawsuits. This was creatively crafted between Liberty Media and Oron. Ever hear of Enron? The CEO’s are sailing their boats around the bahamas and the employees lost everything. Sorta the status quo anymore in just about everything anymore. Until the people (customers) of the world stand and collectively say “fuck you” to these scumbags, things will only get worse.
GFY.com details numerous threads devoted to what they are doing to zero in on the differing avenues to share files. Cyberlockers are going to be and have been on the defense and you are going to see Oron takedowns one after the other with same end results. They are very very aware of VPN’s and you can bet those are on their radar too. With changes to legislation in support of reducing internet annonymity, VPN’s will fall just like the cyberlockers. It has turned into a giant chase the tail around and around game.
The only way to show them who truly has the power in the end is simply to refuse their material/product. Do you really need to download music? What is wrong with Pandora/Radio. do you really need to view their shitty porn? There is so much legitimately free amateur stuff out there that vastly exceed studio grade bullshit. You think they are gonna file copyright protection for amateur clips? Yeah right. When the system is crafted the fuck the customer, then it;s time for the customer to say Fuck You.
You really want to kill off the troll epidemic? There is only one way, and that is to cut the head off the snake. Destroy the commercial porn industry and these troll suits go away with them. It is not only that simple but quite literally the only way to accomplish this. these trollers will not and cannot go away by anything that is done through legal means. This is their occupation and their means to survive. They will fight and adapt to anything that is thrown their way.
I realize this is turning into a lengthy soapbox but if you really want to crush their balls then exerpt your power as consumers. Push congress for advances in porn restrictions. Put them out of business for good. Why do you want an industry around that is entrapping innocent citizens into extortion schemes? Seriously????? The amateur stuff will always be around to freely share amongst consenting folks.
The ultimate power rests amongst the consumers/populace. That is where the focus should be made…..to direct outrage at the studios in the form of boycotts. I can think of a few instances where big business was directed to change policies and practices through the boycotting of their product.
Corbin Fisher is in a unique position to go after Orons customers because it is Gay Porn (added stigma). A hell of a lot of closet Gays are gonna be ratted out here in the near future, and you can bet Liberty Media is going to pursue this hard to grab as much cash as they can (after all, they knew they were never gonna get bucks from Oron – what they really wanted was those lists, and they got them – that was the real prize; to be able to extort thousands and thousands with minimal overhead, lol. I will bet most of you did not realize what Liberty was really trying to get their hands on) Liberty knew Oron was too slippery to milk for large sums of cash. I will repeat it again. The true prize was the customer base and they got it. And Oron escaped almost totally unscathed. In the end, the customers paid the price between two criminal entities (welcome to the real world, the world of today)
If I was wrong about any of this then you guys would not be here reading this.
As far as I unrestood the latest news they didn’t get anyhting yet. Altough Randazza is trying to force a settlement now. I imagine Oron was prepared to settle but if things are kept quiet. And since settelement detailes got leaked to the public they weren’t so eager to go trough. But there is probably still a chance of that happening since Oron can’t be happy with their funds being frozen. I hope they don’t give up so easily as it is gonna open up the doors for similar cases against every file locker. Hope it is ok to link to this latest document:
Oron had every intention from the start to throw their customers at Corbin to fend off the attack, and Corbin was truly only concerned about getting the customers. It was a match made in heaven. Hell, Corbin probably wont even try going after the uploaders because most of them reside in India, Russia, and a couple of other foreign places because for many people, the cash made from mass uploading is better than wages they would earn from regular jobs. Corbin is going to go after American downloaders, and there has to be tens of thousands of them. They hit the jackpot, and they know it. When all the other studios clamber to the lists (and they will be made available to them through the same illegit process we have all become accustomed to) the number of exploitees will jump into the hundreds of thousands. This is where their sceme goes into hyperdrive. I can see a lot of you thinking I am full of shit, but why dont you start reading some of the threads at GFY.com. It’s definitely being talked about and acted upon.
The thrust that entities like EFF and this site should spend more time focussing on is the new direction that these studios are undertaking (Corbin Fisher being the pilot studio). Their focus now is to go after cyberlocker file downloaders. The game looks like this: A studio goes after a cyberlocker and the cybelocker immediately caves under a multimillion dollar threat. As part of the arbitration agreement the cyberlocker hands over the uploader/downloader lists and a nominal fee. The iffy part then surrounds what happens to these lists, and this is where EFF and other watchdogs need to focus some attention. If not, you could see extortion go through the roof overnight with little in the way of stopping it. Again, if you think this is all bullshit then do some reading over at GFY before casting doubt. This is going to be the ball from left field that no one saw coming, and could possibly pale most other trolling scenarios. they are adapting. They have to, and I think we all can agree on that.
Xibiz.com just put out a piece that is critical of the DMCA, tube sites and cyber lockers. The reporters on the byline allegedly wrote the article but I am guessing someone else who has an agenda to advance… .
KSNV just did a piece featuring Randazza and I penned a nice rebuttal featuring the Tabora mess but their fucking website makes you jump through hoops of fire to get posted so I failed….but there are some more tech savvy enemies of trolls who might want to chime in…..
Also featured Judge Otis Wright as in copyright trolling is “essentially an extortion scam”
I did not want to spend a small fortune on PACER trying to exactly ascertain what Randazza is up to in FLSD but it looks like it is shaping up to be a Battle Royale http://ia600806.us.archive.org/34/items/gov.uscourts.flsd.400368/gov.uscourts.flsd.400368.docket.html
Oron fights back finally
This made me laugh:
“For example, Plaintiff identified Copyright Registration Number PA 1-167-385 for the work
entitled, “Trey.” (See Ex. 10 to Plaintiff’s Complaint, attached as Ex. B to Request for Judicial
Notice (“RJN”), at page 1, first row). However, that copyright registration (PA0001167385) belongs to a work of music entitled, “Clinging to the vine.” (See RJN, Ex. C). “
LMH has a new underhanded tactic.
They have filed to unmask Does in Philadelphia State Court.
Oh my god, I am reading the filing it is completely prejudicial in describing stuff.
“Rather, plaintiﬀ will proceed under theories of conversion and unjust enrichment.
Though this legal distinction has not yet been decided in Pennsylvania, other courts, considering similar cases, determined that state conversion and unjust enrichment claims are not preempted by the Copyright Act”
I expect more people to come wandering in.
Looks like Randazza’s proxy in Philidephia is an experienced litigator, Jordan Rushie. He has a website, a blog and a twitter account with quite a few followers. For reasons I cannot fathom it appears as if he worships at the Randazza alter. On the iPad today so cannot post links but he is easy to locate on Google. Be sure to check out his Philly Law Blog and his profile on avvo.com. By the way his state lawsuit targets 265 Does so be sure to welcome him under the bridge.
Took a look at the SDNY Bellmer Dolls case which I believe Rushie relies upon to claim that unjust enrichment and conversion causes of action are not preempted by the Copyright Act but that determination is highly fact specific. As this lawsuit, on the other hand, is essentially a copyright infringement claim I predict it will not survive preemption. Time will tell.
I believe this is the case I was just listed in–papers were on my doorstep Tuesday afternoon. I posted in the Pennsylvania forum about this too. I didn’t see any reference to hash numbers or movie names in my papers like I’ve seen in other similar documents, so I’m not even sure what they’re referencing. It all seems very odd.
It appears as if Troll Randazza is finally adopting Steele’s tactics (a reversal) and using a wide net and exploiting a clueless state court system to engage in flat out mass extortion. Classy!
It also appears now that the attorney for my ISP has filed a Motion to Certify Interlocutory Appeal. Any idea what that is?
http://legal-dictionary.thefreedictionary.com/interlocutory Looks like it’s basically an appeal that occurs before the trial court’s final ruling
It is hard to decipher these state dockets but you have to believe that this lawsuit is having some difficulty launching :)
I have court doc copies and emailed to SJD. We are both sorta overwhelmed in reality at this time. I posted here so people would know it was coming, Comcast is overnighting packets to targets leaving them hardly enough time to respond to the court (if it was even worth the effort).
They claim it isn;t a copyright case, so when they write you a letter or call you and threaten a copyright lawsuit take notes. The Judge will love to hear he was used in this manner.
Here is a great line form the filing for you to work with.
Troll states that the IP address points directly to the infringer.
This is not for a specific movie or clip, none is listed.
It is VERY possible this is filed for multiple different things, and its 441 IP addresses all Comcast.
Or is there another one out there… oh FSM give me strength.
@imajohndoe – you’ve have to forgive me for not seeing anything about this sooner. I work in a darker corner of the net and this hit while I’ve been distracted. This is a bogus case and the Judge needs to be bitchslapped, hard. There are Federal Level Rulings about statements made in this filing being false, and he accepted them.
I am trying to work on getting a Google spreadsheet of the IPs going for geolocation purposes.
A PA judge will have to think real hard about how a PA court has jurisdiction over someon in another state. And while you think LMH is smarter than that… they screwed up the name of the movie they were suing for… always check the small things.
Comcast moved to quash the subpoena as to its subscribers which the judge denied and is now looking for permission to appeal that determination (I think).
Wow, fishy. Is this judge LeChien’s cousin. When is he up to reelection? Notifying his opponents wouldn’t hurt.
Also, I feel the need for a sub-page to discuss this case. I’ll create it soon and post the documents I have. If anyone wants to write a quick overview, I will be happy to incorporate it. Not a post, just enumerate facts.
Once the documents are up I’ll look them over and incorporate those specifics with the general public docket info that is decipherable and email you a summery which can be periodically updated. Running out of the house for a few hours today so it may have to wait until tomorrow.
@that anonymous coward…no problem at all – this site has been a great resource and, honestly, a comfort. It seemed odd that they were filing in a state court, but this is all new to me. I’m currently consulting with an attorney (who also happens to be a family friend), so I should have more info from them soon.
Please keep in mind that even very good attorneys may have little understanding of the details of this scam. In a real civil dispute, sometimes it may make sense to settle even when the case is unjust.
But these are not sincere disputes. They are unscrupulous threats for quickly grabbing cash by scaring and confusing decent people. Trolls have not won judgements from debating their allegations and evidence in front of a real defense attorney in court. They have never even vetted or described their tracking technology to an expert’s satisfaction, after 300,000 allegations.
Get information from the attorney, and others, including attorneys, who have the perspective of watching this extortion machine apparently representing pornographers.
Find out what deadline dates exist that are set by the courts. There may be some time to get more information and decide on a response while seeing how this plays out. If a troll rep gives a “deadline” for a settlement offer, it’s probably a coercion tactic to turn up the fear.
Added a page for Does on this case: Liberty Media v. John Does 1-441
Randazza invites xbiz to Las Vegas where you not only get to legally play regular roulette but Russian roulette as well. http://www.xbiz.com/news/news_piece.php?id=152228&mi=all&q=randazza
In the LMH v. Oron case judge ruled in favor of plaintiff on the motion to inforce settlement.
Fun times ahead for some oron users, I guess.
Tabora respond’s to LMH’s amended claim. Turns out LMH still can’t get the name of their own movie correct. It was still wrong in the amended complaint lmao! Also claim that it shouldnt be allowed anyway since LMH has already filed several versions of the complaint before and failed to correct the mistake.
@Raul – I was impressed by your post on Randazza’s blog… I tried to answer the difference between a troll and actual copyright protection case… but someone’s ego is to big to approve the comment.
Pity, but then it made it really clear that someone is a troll…
Final update to the LMH/Randazza v. David Mastron case (2:12-cv-03425) – http://dietrolldie.com/2012/08/16/another-randazza-tugboat-prepares-to-sink-liberty-media-holding-llc-v-john-doe-and-david-mastron-212-cv-03425/
Settlement agreement signed by LMH and Mastron – No confidentiality clause. http://dietrolldie.files.wordpress.com/2012/08/settlement_03425ca.pdf
Judge issues the Order as well as a “Show Cause” to why the case against the “Phantom Doe” should not be dismissed. LMH/Randazza has until 29 Aug 12, to respond.
Latest in Fraga case
I wonder what happened to his attorney.
Im not an attorney but I think that Fraga totally slapped down all arguments that were raised in the Tabora case, no?
so i was going through marc randazza’s twitter feed and found this gem “Once it goes out of print, it ought to become public domain. ” (talking about old books)
so if a porn film is no longer being distributed then it should also be public domain according to his logic. weren’t some of the porn trolls suing over films that no one could find distributed legally?
just my two cents (i don’t have twitter and so i could not reply to his tweet.)
hell half of disney’s movies are no longer available for distribution and as thus should be public domain. is that really what he believes.
Adult industry attorney Marc Randazza recently was named as one of Las Vegas’ top lawyers for 2012 by VegasInc, a local business news weekly
One more thing he can brag about on his website besides “winning” settlements. If you don’t feel like reading the article you should at least check out this “fantastic” picture of Randazza it came with.
Old Glory had have been Photoshopped or it was made out of asbestos.
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