Last week DieTrollDie published a letter from a Spokane attorney Christopher Lynch to a Guardaley’s copyright troll David Lowe. In that letter Mr. Lynch indicated that his client wouldn’t cave in to troll’s evidence-free demands and was prepared to fight and win. Surprisingly or not, the troll backed off and dropped the defendant (LHF Productions v Doe 1 et al, WAWD 16-cv-01017). This story was picked up by the tech media (TorrentFreak, Techdirt). So, given the coverage, I won’t elaborate on the obvious — that the trolls are cry-bullies, who tend to run away once they smell the trouble of a competent defense. However, I want to dig a bit deeper into one of the reasons behind the troll’s hasty retreat. Particularly, I’d like to elaborate on a mind-boggling fraud that the Guardaley network committed upon the US federal courts in 2012-13, an FBI-probe-worthy fraud that outdid the infamous Prenda’s forgery:
We will also seek discovery of the relationship of Messrs. Macek and Arheidt to the fictitious “Darren M. Griffin.” […]
We have a spreadsheet of over 600 federal cases where parties related to your client’s foreign representatives filed a declaration of “Darren M. Griffin.” Most of these declarations are verbatim copies of the 21 paragraph Macek and Arheidt declarations filed by your firm claiming the witness was “retained as a consultant” by Maverickeye or Crystal Bay Corporation “in its technical department.” Most of the 600+ Griffin declarations do not state any education or work experience sufficient to admit the typed-up charts of alleged infringement. But, interestingly, the 42 “Darren M. Griffin” declarations filed in the WD WA claim “Darren M. Griffin” has “a degree in computer science.” This is at odds with the APMC playbook I discovered where the apparent goal is to downplay the declarant’s credentials “hoping the judge won’t question his qualifications too much.” It was bold of your client’s foreign representatives to tell the Judges of our Western District of Washington in 42 declarations that a fictitious declarant has a college degree – just like it was bold to tell Judge Rice that “Darren M. Griffin” is a former investigator for Crystal Bay Corporation. If we go forward, we will expect cooperation on discovery of how LHF witnesses Messrs. Arheidt and Macek are connected to “Darren M. Griffin” and to Crystal Bay Corporation.