Copyright trolls

Frederic Abramson: respected lawyer or just another copyright troll?

Troll of the week

Frederic Abramson

Frederic Abramson is a well-known attorney from New York. He has a popular law blog “New York Business Law,” almost 4000 followers on Twitter, many of whom are famous journalists and legal experts. He is not a friend of the sleazy con artist Kenneth Ford, but there is something common between these two: they are both copyright trolls. Frederic Abramson filed at least one mass bittorent lawsuit on behalf of K-Beech (a porn outfit run by a convicted criminals’ goon Kevin Beechum, but it is another long story).

Last week I followed @fredabramson on Twitter and added him to my “Tweeting copyright trolls” list. Today I discovered that he blocked me from following — a funny way to hide something on the Internet. I wouldn’t bother writing about him when there are more urgent topics to address (Prenda Law’s ongoing assaults, for instance). But I respect the law. Streisand law in particular. So I had a sudden desire to make sure that anyone searching for Mr. Abramson’s name on Google will find this site on the first page of the search results.

There is one document in the abovementioned case, where a victim states an interesting fact:

Defendant spoke with a representative for Plaintiff in an attempt to prove Defendant’s innocence and avoid having to file the instant motion. Towards this end, Plaintiff was offered any and all evidence of Defendant’s (including Defendant’s computer to show that the required software was never on the computer, Defendant’s employment records showing Defendant’s whereabouts, sworn declarations, etc), but Plaintiff was not interested.

No comments necessary — as if it was a revelation! We know that trolls are not interested in truth, but rather in filling their pockets with money extorted from their victims. Anyone targeted in copyright trolling scam, who took time to educate himself, has already been transformed from being scared to “pissed off”. It’s your turn to run, trolls, but remember: you can’t hide — Internet is watching.

Updates

12/19/11

As the first comment (the power of the Internet!) to this article says, Frederic Abramson has filed at least seven troll bittorrent lawsuits, all involving either Patrick Collins or K-Beech:

12/20/11

As I anticipated, searching for “Frederic Abramson” in Google yields this post on the first page of the search results (at least today). This is the power of Internet: many crooks use Internet to do their shady business, but when the light clashes with the dark, the light always prevails. The only two weapons I personally utilize against copyright trolls are truth and publicity — they are the most powerful weapons by far.

02/22/12

Below is a forum comment. I did not validate the claims myself, but assuming that the allegations are supported by the facts, some legal action should be taken here. Also it will be shame not to use this information in a defendant’s motion, just make sure you buy those masterpieces and compare them.

K-Beech is claiming in these lawsuits that hundreds of John Does unlawfully infringed upon their DVD entitled “Gang Bang Virgins” for which they recently obtained a copyright on 10-24-2011 (Registration number PA00017579630) but the lawsuits, by and large, were instituted before the copyright registration.

However, Gang Bang Virgins is scene by scene identical to an earlier pornographic DVD entitled Grand Slam, which was produced by a company called Combat Zone who applied for and obtained a copyright for it on 6-14-2006 (Registration number PA0001332187) which is over 5 years prior to K-Beech’s registration for the same DVD albeit under a different title. You can compare the two movies (warning: not work-safe!):

Grand Slam
Gang Bang Virgins

If this is true it would invalidate K-Beech’s recently obtained copyright and quite possibly open K-Beech and its counsel to criminal and/or civil sanctions for fraud/copyright misuse.

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Discussion

45 responses to ‘Frederic Abramson: respected lawyer or just another copyright troll?

  1. Frederic Abramson has filed at least FIVE troll bittorrent lawsuits, all involving either Patrick Collins or K-Beech:

    NY Eastern District:

    2:11-cv-03994-JFB-ETB

    2:11-cv-04094-JFB-ARL

    2:11-cv-03995-DRH-AKT

    NY Southern District:

    1:11-cv-05786-GBD

    1:11-cv-05784-GBD

    • You missed three other troll bittorrent K-Beech lawsuits filed by Frederic Abramson in the Southern District of New York:

      1:11-cv-04777-GBD (interesting MTQ pending in this case filed on behalf on the son of the IP address holder)

      1:11-cv-05390-UA

      1:11-cv-05390-JSR

      The last one is before the Honorable Jed S. Rakoff whom I think will have little patience for this scam.

        • Several MTQ are still pending in the first case (1:11-cv-04777-GBD) with Mr. Abramson having only settled with 3 Does, I believe. The several MTQ have been referred by Judge Daniels to Magistrate Judge Pitman as has the MTQ in 1:11-cv-05786-GBD for a Report and Recommendation. Love your site SJD, keep up the good fight and have a wonderful holiday season.

  2. That’s funny: if you visit Mr. Abramson’s blog, you’ll notice a PayPal’s button “Buy Now”: what to buy, why to buy — not specified. “Pay first, ask questions later”?

    I wonder how much should I pay Mr. Abramson so he would unblock me on Twitter? Because I’m depressed even more than when I discovered that Randazza blocked me: how can I enjoy life when these paragons of virtue won’t allow me to be inspired by their wisdom?

    • Not to mention paragons of wisdom in filing copyright infringement lawsuits where no copyright exists and even if and when they obtain one they will be barred by Section 412(2) of the Copyright Act from recovering statutory damages and attorney’s fees insofar as K-Beech’ s complaints allege preregistration infringement. All this storm and thunder for a potential maximum recovery after trial of $30.00-$50.00 against each plaintiff (IMHO). What a waste of judicial resources!

      • In yet another Memorandum and Order, dated 12-30-11, from the Eastern District of Pennsylvania Judge Davis held that the failure of Plaintiff, Patrick Collins, to have a copy of a copyright registration certificate for “Asa Akira is Insatiable 2” at the time it made a motion for leave to serve third part subpoenas prior to a Rule 26(f) Conference warranted the DENIAL of the motion for failure to make a prima facie showing of actionable harm. The case is entitled Patrick Collins, Inc., v. John Does (1-26 11-cv-7247) and can be found here doerayme2011@hotmail.com What is interesting about this Memorandum and Order is twofold. First the Judge acknowledges the Does’ First Amendment right to disseminate information anonymously as well as the Does’ constitutional right to privacy (avoiding the disclosure of personal information) which should not give way without a compelling reason. Secondly, this is the first Memorandum and Oder that I have seen that addresses the trademark infringement claims being recently asserted in the a Patrick Collins as well as the K-Beech lawsuits. The Judge essentially says that these trademark infringement claims would not survive a motion to dismiss as the facts, as pleaded, do not support such a claim.

  3. If we can just get enough people to not settle… and force them to pick people to take to court, then they will run out of resources so quickly their heads will spin. If no one ever settled they wouldn’t have a dime to back up their threats.

  4. Let’s be very clear about who is who — Frederic Abramson is NO JOHN STEELE. He is a LOCAL ATTORNEY who files lawsuits on behalf of SOMEONE ELSE. He is a hired gun, not hired to think, to decide how to proceed, or even to make decisions regarding cases. He has no authority except to do what he is told to do by the attorneys who hired him to file in his home state.

    • Yes, I’m aware of this distinction. Nonetheless it does not excuse Mr. Abramson’s clearly sleazy actions. Even more, a well established and known attorney has more freedom in choosing with whom he should or should not cooperate. I’m more sympathetic to the small guy Wayne O’Bryan, who may be very well struggle to pay his bills and feed his family. I don’t believe that Mr. Abramson is starving. Yet he deliberately chose to help trolls in their extortion business, and he pays the consequences of his actions:

      – According to stats, this article has been read by more than 3000 people. Good.

      – Google “Frederic Abramson” – you’ll see this article on the first page of the results, as I anticipated. Good.

      I’m going to expose trolls, regardless of their (previously) high reputation.

  5. In a K-Beech lawsuit pending in the United States District Court for the State of Arizona one defendant has posited an affirmative defense that K-Beech is engaging in fraud on the Court and on the Registrar of Copyrights in that it is asserting that a previously copyrighted work owned and produced by another entity has been fraudulently renamed for the sole purpose of generating a troll lawsuit. That work would be “Virgins 4” but the same would apply to “Gang Bang Virgins” which had allegedly been previously been copyrighted years ago by an outfit called “Combat Zone” under the title “Grand Slam”. Check the AZ case out here http://www.rfcexpress.com/lawsuits/copyright-lawsuits/arizona-district-court/79606/k-beech-incorporated-v-unknown-party/summary/

    Soooo, when are our taxpayer financed government employees going to start cracking down on these fraudsters?

    • Oh and by the way said AZ answer is not that of a layperson IMHO and has some very cute tongue in cheek responses to plaintiffs’s idiotic allegations (close reading required). Kudos!

        • Indeed. And… wow… doc #29 (if not in recap yet, wait a bit, my FF plugin just uploaded it) – “First request for production of shitload of documents”. I doubt plaintiff will comply, but it is interesting to see the developments.

        • OoooOOOOoooohhhh! That’s some juicy stuff, and I have to say it was only a matter of time! Roll the dice enough times, and you’ll eventually land on a hard six! Sue enough people, and eventually you’re going to land on somebody who *can* represent himself, and is completely unafraid to push back … HARD.
          Point-by-point rebuttal of the complaint, most of which says that there is “insufficient information” … reading it was like listening to a broken record. But like a broken record, it burns that repeated phrase into the reader’s brain: insufficient information, insufficient information, insufficient information. Then a follow-up of demand for documentation from the plaintiff to resolve those issues of “insufficient information” – it’s a one-two punch that’s sure to have them shitting themselves.

          There was a discussion just last week in comments here about whether or not the plaintiff pornographers are prepared for the scrutiny they’ll be sure face in court. We may find out. Remember, they’re PORNOGRAPHERS – not exactly known for their attention to detail when it comes to record-keeping. I’ll be watching this one eagerly, and hoping that Stevens Law doesn’t just panic and dismiss the whole thing before Mr. Bourgoin-Trottier’s important questions can be answered.

      • Interesting that the one of the yet to be copyrighted DVDs that K-Beech is claiming was infringed upon by Does is “Virgins 4” which looks a lot like a another DVD entitled “Virgins of the Screen:4” which had been copyrighted by Combat Zone in 2008! Is K-Beech and Mr. Abramson suing for infringement on a DVD that looks like it was infringed upon first by the plaintiff?! Check it out here http://www.adultdvdempire.com/1565357/virgins-4-porn-movies.html
        and here http://www.adultdvdempire.com/1393196/virgins-of-the-screen-4-porn-movies.html

        Could this be a fraud upon the Copyright Office and the federal judicial system? Could this conduct even be criminal; an extortion enterprise premised on a false claim?

  6. The answer also posits the affirmative defense that the complaint sounds in preregistration copyright infringement and any and all claims for statutory damages and attorneys fees are barred by Section 412 of the Copyright Act. Nice! A judicial analysis of Section 412 can be found here http://www.loeb.com/files/Publication/53b6a05b-fa96-4897-a434-23681e51db60/Presentation/PublicationAttachment/47a63104-4dcd-4b43-a886-ab89aa532640/Arista%20Records%20v%20Lime%20Wire%20SDNY%20March%20

  7. Interesting that the K-Beech suits against individual Does are quietly shutting down. I wonder why? Perhaps this will become a nationwide phenomenon?

      • Doubt it. I heard he was in the hospital with a sprained shoulder.
        Somebody should tell him that patting yourself on the back is a risky maneuver.

        • Congrats SJD! A Google search for “Frederic Abramson lawyer” lists your site as the top two most relevant sites to check out.

          • My post is third on Tor browser. Why Tor Browser? Because it is a clean experiment: no cookies, random IP address. If you google for stuff in your everyday environment (and especially if you are logged in to your Google account!), the results may be tailored based on your previous searches and site visits if Google manages to recognize you (based on cookies and/or IP address).

  8. Fitting end to your undistinguished career as a puppet copyright troll. Judge Brown finds your opposition papers farcical and that your client engaged in abusive litigation tactics. Time to get back to chasing ambulances and getting bitch slapped by Facebook.

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