Guardaley | Voltage

A sloppy copyright troll is extraordinarily sloppy; Judge Jones doesn’t like it

Copyright trolls are intrinsically sloppy. The grief-monetizing business maximizes its profits by maintaining a high, barely manageable volume of lawsuits while cutting a lot of corners. Errors are inevitable, and I usually don’t miss an opportunity to mock trolls on Twitter when I become aware of such bloopers.

US Federal Judge
Richard A. Jones

Yet the amount of errors in four Guardaley cases assigned to a Washington Judge Richard A. Jones (Criminal Productions, Inc. v Wrongly Joined Does, WAWD 16-cv-00729; 16-cv-01177; 16-cv-01272; 16-cv-01352) was excessive even by low-as-in-“bottom” troll standards, which prompted a brief blog post rather than a tweet.

All four cases were filed by a veteran copyright troll, David A. Lowe of Lowe Graham Jones, PLLC. Yes, that troll who drops defendants every time he receives a letter threatening to expose massive frauds (like this one).

Today Judge Jones, likely flabbergasted by troll’s ineptitude, struck 16 filings in those four cases because of the following problems:

  1. As if it wasn’t fair to be a single point of his firm’s embarrassment, Lowe drags his colleague Timothy Billick into the mess… Yet Mr. Billick fails to file his appearance in violation of local rules;
  2. In four filings, the troll misidentified the party to whom the motion itself pertains;
  3. Two of the pending motions in 16-cv-1352 requested default judgment against parties who are defendants in a different case, but not this one;
  4. One of the exhibits submitted in support of Plaintiff’s motion for default contains a Civil Service Status Report that pertains to a different defendant.

The order concludes with a harsh paragraph:

The Court will not tolerate further filings that contain errors of this magnitude and frequency. The Court will consider denying any future motion that contains the same or similar errors. The Court also notes that counsel for Plaintiff is seeking attorneys’ fees for the work they have performed in these cases. In the event that default judgment is appropriate and counsel are eligible for an award of attorneys’ fees, the Court will keep in mind the subpar work that counsel have performed in calculating what (if any) amount of fees is appropriate.

Ouch!
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Guardaley | Voltage

Smoke and Mirrors, Inc. dismisses yet another two defendants to avoid fraud exposure

This is the fifth blog post documenting a Washington defense attorney Christopher Lynch’s letters to a local copyright troll David A. Lowe (Guardaley). The previous coverage:

Each letter demanded a dismissal of Lynch’s clients and threatened to proceed with discovery otherwise. There is a mountain of evidence suggesting that such discovery would uncover multiple frauds upon the federal courts. For example, Guardaley illegitimately obtained more than 500 subpoenas using fake declarations by a fictitious “expert”; this fact alone is enough to understand why the infringement monetization cartel fears exposure. Not surprisingly, each Lynch’s demand was met: as of today, claims against fourteen of his clients were dropped.

As I mentioned in an earlier post, while all the letters have a lot in common, each explored a unique topic. The letters #13 and #14 are not different in that regard. Both defendants (dismissed on 6/6/2017) were on the same case, ME2 Productions v Doe 1 et al (WAWD 17-cv-00099).

Defendant # 13

The defendant #13, Raymond Crockett is

[…] a retired, disabled veteran of the United States Navy. Mr. Crockett served two tours in the Vietnam War on a Patrol Boat behind enemy lines.

Has your blood started boiling just by reading this? Mine too. Yet I’ll try to constrain my emotions and concentrate on this letter’s payload instead.

The topic of this letter is “who is the real, undeclared party of interest”?

In investigating for Mr. Crockett, we looked into the real party in interest issues that have continually clouded the transparency of your client’s foreign representatives’ invoicing program. Assignment of a bare right to sue for copyright infringement is not enough to confer standing under the Ninth Circuit’s 2013 Righthaven v. Hoehn ruling. But, a true exclusive license coupled with an agency agreement may be enough to confer standing under the Ninth Circuit’s 2015 Minden v. Wiley ruling. But in both cases, the parties need to be identifiable. Here, the real parties in interest are opaque.

In this case, as in many others, “A&T IP Inc.” was declared as a party of interest. However, as Mr. Lynch wrote to Lowe,

[…] our December 13, 2016 letter to your law firm pointed out that “A&T IP, Inc.” of Nevada had a status of “default” with an “expired business license.” Nevertheless, your law firm continues to identify “A&T IP Inc.” as the owner of some of your clients including LHF Productions, Inc., Criminal Productions, Inc., and ME2 Productions, Inc. This includes Dkt. #4 in this case, filed January 24, 2107.

[…]

Although its status in December 2016 was in “default” – now, in May 2017, we can no longer find “A & T IP Inc.” on the Nevada Secretary of State’s roster of corporations (or California’s.) Nevertheless, we see the continued filing of FRCP 7.1 statements identifying A&T IP, Inc. as the owner of ME2 Productions (and Criminal Productions and LHF Productions).

We tried working backward from the A&T IP, Inc. corporate ID number E0609522012-5 and found a record for a “Millennium IP, Inc.” also showing Messrs. Lerner and Short as principals. So, maybe A&T IP Inc is now Millennium IP, Inc.? In any event, the FRCP 7.1 statements being filed by ME2 Productions, Inc. are not only incorrect, they are misleading in a manner consistent with the opacity that your client’s foreign representatives have employed for years while abusing our United States District Court system.

Now you understand why I used “Smoke and Mirrors, Inc.” in the headline.

In my view, the Guardaley shell game (which isn’t new) is not much less illicit than Prenda’s, whose principals were indicted last year in part because they created shell corporations to obscure the real parties of interest.
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Guardaley | Voltage

Copyright troll’s “expert” Daniel Macek declares that he “observed” infringements that didn’t take place yet

The bittorent copyright trolling scam is raising more and more brows by the day. Not only the abusive scheme itself gets more brazen, but also the lengths German-owned shakedown artists go to preserve their gravy train become more ridiculous. Colleagues of a Seattle copyright troll David A Lowe must be laughing at him behind his back as the troll continues cowardly dropping defendants each time he receives a credible threat of exposing the nationwide fraudulent scheme. These dismissals are not surprising, even rational: hundreds of other scared people continue paying unnecessarily, and those few dismissals are just a tiny drop in Guardaley’s overall pool of cases. Litigating against competent defense, on the other hand, could be disastrous.

I already reported that since the fall of 2016 this particular troll dismissed eleven victims because of the defense attorney Christopher Lynch’s letters to Lowe. This brief post is about Lynch’s twelfth letter, and the twelfth hasty dismissal (Criminal Productions, Inc. v. Bethke, WAWD 16-cv-01647).

While all the letters have a lot in common, each explores a unique topic. This time Lynch’s research revealed that the game of shuffling German “experts” went a bit too far and resulted in one of the declarants claiming that he observed alleged infringements… up to two weeks before they took place:

We looked carefully and discovered another anomaly our Courts should question. Mr. Macek’s declaration from that D CO case 1:16-cv-01761 (ECF # 4-1) is dated June 14th (maybe June 16th) – but BEFORE the date of the accompanying “observations” that ran from June 25 through June 28.

How can a witness sign a declaration that he observed something BEFORE it happened? Criminal Productions submitted four such Declarations of Mr. Macek that were executed BEOFRE the dates of the accompanying typed up list of observations that Mr. Macek swore that he made. Unless Daniel Macek is also Marty McFly, it is impossible to execute a declaration claiming to observe something that has yet to happen.

In addition,

it appears these metaphysical Macek declarations are not just temporally improper, they are also photocopies, including the signatures not separately executed. Here are copies of the signatures to examine:

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Prenda

Prenda’s John Steele has been disbarred

John Steele

It is rather a minor news because it was totally expected. Also, this development is pale in comparison to the criminal action against John Steele and Paul Hansmeier — the masterminds behind one of the most egregious abuses of the copyright law. Nonetheless, since this blog published more than 150 stories about Prenda (likely helping to accelerate the inevitable), to me it is a milestone worth marking.

According to Cook County Record,

On May 19, the Illinois Supreme Court announced its action against Steele, as well as six others who were disbarred by the court in attorney disciplinary orders handed down May 18. The court also suspended nine other attorneys and censured or reprimanded six more.

[…]

In announcing Steele’s disbarment, the Illinois Attorney Registration and Disciplinary Commission – the state body which oversees attorney discipline matters in Illinois – said Steele, who had been licensed in Illinois since 2007, was disbarred “on consent.”

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Guardaley | X-Art

Judge Alsup threatens to bar further Malibu Media cases in his district until the accuracy of the geolocation technology is fully vetted

 

US Federal Judge
William H. Alsup

When a copyright troll Malibu Media (X-Art) re-infested California in September 2015, Northern District’s Chief Judge Phyllis Hamilton ordered all Malibu’s cases, including any future ones, to be assigned to Honorable William Alsup – one of the most thorough and technically literate federal judges. I was pleased with this development, and my gut feeling didn’t betray me: for the last 18 months, Judge Alsup, while reluctantly permitting ex-parte discovery, has been giving X-Art and its lawyers a hard time, apparently clearly understanding Malibu’s get-quick-rich-at-expense-of-ruined-families scheme.

I covered this judge’s disdain for the shakedown scheme on more than one occasion on Twitter and in this blog:

In the follow-up to the last blog post listed above I analyzed the case dismissal pattern in the neighboring district (CASD), arguing that Malibu’s geolocation tech accuracy claims are statistically impossible. I opined that Malibu’s lawyers are playing games when judges ask uncomfortable questions.

It looks like my concerns were finally shared by Judge Alsup: today the judge issued a tersely worded order to show cause in Malibu Media v John Doe (CAND 16-cv-05975), maybe the harshest of all his copyright trolling-related orders to date:

Malibu Media now moves to continue the case management conference in this action, which is currently set for May 18 at 11:00 a.m. because it only received defendant’s identifying information on April 23, and has not yet had time to serve the summons and complaint, the deadline for which is May 28.

That request is DENIED. Instead, Malibu Media is hereby ordered to SHOW CAUSE at that hearing, why the Court should not bar further Malibu Media cases in this district until the accuracy of the geolocation technology is fully vetted. Malibu Media shall file a written statement, with all factual assertions supported by declarations sworn under the penalty of perjury by MAY 16 AT NOON.

To be clear, this order applies even if Malibu Media voluntarily dismisses this action.

The reason behind the judge’s irritation is a recent dismissal of more than half of the cases from the “fourth wave in a monsoon of two-hundred thirty-five actions that Malibu Media has filed in this district in the past eighteen months”: 37 out of 57 cases were dropped without any explanation, which likely killed any remaining benefit of doubt:

Malibu Media’s voluntary dismissal without prejudice of groups of its cases is not a new pattern. A sizable portion of the cases from previous waves were terminated in the same way. The practice has just become more frequent, and it follows skepticism by the undersigned judge and others around the country about the accuracy of the Maxmind database. See Malibu Media, LLC v. Doe, No. 16-01006, 2016 WL 3383830, at *3 (N.D. Cal. June 20, 2016) (collecting cases); cf. Kashmir Hill, How an Internet Mapping Glitch Turned a Random Kansas Farm into a Digital Hell, Fusion (Apr. 10, 2016, 10:00 A.M.), (reporting a glitch in Maxmind’s database that mapped more than six hundred million IP addresses to a single farm in Kansas).

Will the troll continue irritating this judge or will Malibu cut and run by dismissing all the CAND cases – like Prenda did in the end of 2012, when Judge Wright called out the fraud? I bet on the latter, but only time will give us a final answer.
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Guardaley | Voltage

Copyright troll dismissed mass bittorent case after defendant moved to learn who his co-defendants are

Half a year ago I wrote:

Copyright troll lawyers are a highly motivated and somewhat resourceful bunch, yet their ranks are small compared to the sheer number of citizens those attorneys have been shaking down for years. While most defendants pay the ransom, many chose to fight back, and with every new pushback fresh defense attorneys bring new ideas, and some of those ideas are statistically destined to success.

A new, successful defense strategy was demonstrated yesterday by a Chicago attorney Susan Malter, who represented one of the Does in LHF Productions v John Does 1-26 (ILND 16-cv-09324). After the defense filed a motion to dismiss and 26(b) motion for leave to take discovery prior to rule 26(f) conference, the plaintiff voluntarily dismissed the entire case¹. On the same day.

Michael Hierl

This Guardaley-driven lawsuit targeted alleged downloaders of one of the worst movies of 2016 – London Has Fallen. It was filed on 9/28/2016 by one of the most prolific copyright trolls – Michael Hierl of Hughes Socol Piers Resnick & Dym, Ltd. This medium-sized law firm is responsible for hundreds and hundreds of frivolous bittorent lawsuits, many of which relied on forged declarations of a fictitious “expert” Darren Griffin. According to Ms. Malter, these lawsuits disproportionally targeted low income victims.

One of such victims contacted Chicago Volunteer Legal Services – an organization, whose stated mission is to “coordinate, support and promote the voluntary pro bono legal representation of the Chicago area’s poor and working poor,” and this non-profit subsequently contacted Ms. Malter, who first filed a motion to proceed anonymously (granted on 4/24), and then the motion to dismiss/discovery:
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Guardaley

Copyright troll David Lowe dropped eleventh defendant after defense attorney threatened to expose fraud

The following supposed to be an update to my previous coverage of a curious development in the Western District of Washington: a bittorent copyright troll David A. Lowe (Guardaley) became a laughing stock over the last couple of months by predictably dismissing his victims – one after another – as soon as the next said victim retained attorney Christopher Lynch, and Mr. Lynch sent a demand letter threatening to expose the troll’s fraudulent conduct.

When I reported this pattern for the first time, there were only four dismissed defendants. Today the count is eleven.

I diligently posted an update every time the troll dismissed a new defendant, which made the original story too lengthy. So, I decided to spawn a new post. Also, updates usually enjoy much less exposure than new blog posts, and undoubtedly this development deserves more attention (particularly from the FBI and DOJ).

The eleventh dismissal
David A. LoweDavid A. Lowe

Today the defendant in LHF Productions v Does 1-8 (WAWD 16-cv-01648) was dismissed because of attorney Lynch’s eleventh letter sent on 3/28/2017.

In this Letter, Mr. Lynch questioned whether Guardaley-driven trolls (including Mr. Lowe) routinely fail to disclose real parties of interest – such as an infamous Guardaley’s shell Anti-Piracy Management Company. In particular, Mr. Lynch points to a recent filing in Louisiana, in which a local troll attorney Pierre V Miller II (Patrick Miller LLC) filed a time sheet with highly inflated fees for his purported work, which was billed not to the nominal plaintiff (Dallas Buyers Club LLC, which BTW was alleged to be a bogus entity that has nothing to do with actual filmmakers/rights holders), but to the German puppeteers (emphasis is mine):

This past week we became aware of ECF No. 34-1 in ED LA in Case No. 3:16-cv-112 where the plaintiff’s attorney moving for default judgment did not provide a summary of his law firm’s time sheets like your law firm submits. On March 21, 2017, that plaintiff’s firm submitted its actual bills. These bills are to “Anti-Piracy Management Company” c/o Carl Crowell.

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