Guardaley | X-Art
Keith Vogt becomes a porn troll. Lipscomb is in the panic mode
The following documents show that Lipscomb panics. Long awaited news.
- Notice of motion
- Declaration of Norbert Türbach
- Source code addendum
- Confidentiality Order draft
- Proposed Confidentiality Order
- Proposed protective order
Updates
3/17/2014
On Friday, a reply to Phillips’ motion (why Malibu shouldn’t be held in contempt of the court for failing to respond to comply with discovery) was filed. It is worth noting that this “masterpiece” was signed by Paul Nicoletti, who did not appear in Illinois for a long time, after Mary “judge is an asshole” Schulz was hired more than a year ago. Apparently, Lipscomb needed a deputy in Illinois with a higher rank of scumbaggery.
The argument is beyond laughable:
TCPDump is the only software in Plaintiff’s possession, custody, or control responsive to the Court’s Order. Further, it is the only software Plaintiff would possibly use at trial.
Yeah, this is the only software that proves infringement. And I’d like to use notepad.exe to substantiate my counterclaims if I ever decide to sue XArt for numerous occasions of breaking the law…
3/29/2014
On 3/28/2014 Jonathan Phillips filed defendant’s opposition to Excipio’s motion to intervene, arguing that Excipio’s intervention is not necessary and only intended to “raise the cost of innocent infringers’ defenses,” i.e. a textbook definition of a frivolous act.
Phillips informs the court about a very disturbing fact: that
[…] Mr. Türbach, Excipio’s CEO, is also the President of Copyright Defenders, Inc., a Nevada Corporation. See Exh. A. It’s Director, Mattihas Schroder-Padawet provides declarations, like those of Tobias Feiser in this case, for many different plaintiffs and companies. […] (wherein Mr. Padawet claims to work for Excubitor USA, Inc.).
I wrote about Copyright Defenders in September 2012.
Fight © Trolls 
This m-er Vogt costs me more than 10 bucks in Pacer fees!
Worth every penny as daylight is the antiseptic of douchebaggery (or something along those lines). Dragging these German firms out from underneath their rocks and making them adhere to US civil discovery, whether it be their tech or their fee splitting arrangements, is the only way to guarantee these guys are above board.
Commenting here as this is the latest entry I’ve seen, but I’m curious to see an “overview” on where porn trolling stands these day…I was involved in a case long-dismissed, but I still peruse the blogs to get an idea on if these things seem to be dying out or are still going as strong as they have been the past couple of years? I appreciate all the hard work you do on this site, particularly as it’s likely a side-job, so if you don’t have time for something like that I’d certainly understand, but I think a ‘state of things today’ article would be an interesting work. Thanks again for the devotion you’ve shown to this. It’s appreciated.
You’re right that my day job is demanding, especially over the last two months, so I don’t have enough energy to write posts even on important events.
In short, with Prenda down, Lipscomb/Malibu Media is the main villain today. There may be some lawsuits via Copyright Defendants (I believe Lesko serves this shadow company), porners like West Coast Productions, but they are few, otherwise we would notice.
An old scumbag Ira Siegel (CEG-TEK) is persistent too, and while he terrorizes many, he is toothless, and I expect him to stay this way — feeding on pure bluff.
Comparable to porn trolls is Voltage shakedown empire: TCYK, Elf-Man, Killer Joe etc. These guys still file mass lawsuits, but pursue individuals as well.
Oh my another self proclaimed expert from Germany; Nordert Turbach got a diploma in tax and auditing in 2004-2009. This gets more bizarre every day!
I hope the trolls get burned!
Gee, in America we allow them to hide evidence?
Know what ya mean, blinked and they hid it so far up there, didn’t know if it was ever going to see the light of day . . .
Hi, Dave. Glad to see you. If everyone would stand against trolls as you did, we possibly could get rid of trolls already.
You are too kind, thanx. Dad taught me to stand for what is right, that there is no shame in losing honestly and you can #$%@ put that in you pipe and smoke it! I miss ‘im . . .
It was interesting, the way it worked out, but I really wish that Mr. Ticen would have been awarded the fees he asked for and deserved. Snow is not real big on justice: My friend David belongs to Sheriff Joe’s Posse, he said if you even mention Judge Snow’s name, it is rookie initiation all over again.
Anyway, ya I am really glad to be done with AF et al. They are one (IMHO) nasty bunch of creeps, but hey, me and my big mouth invited them to come to Arizona and get me.
I would like to make sure that you, DTD and Raul know that you were a great inspiration to me, you all put perspective on who Prenda was and made them seem puny and quite manageable.
And that anonymous coward a special thanx to you for understanding I could not separate the legal from the personal.
Hat tip to all the Defence Lawyers that really made the Trolls sorry they ever fucked with their clients, Graham Syfert, Jordan Rushie and Nick Ranallo just to mention a few and all you other fearless Troll Knockers . . .
The Transcript for the July 19, 2013 Show Cause Hearing is finally available on PACER. Here’s a link that’ll save ya a few bucks: http://tinyurl.com/qcdd5j4
I was late and pretty disappointed, but Judge Snow took the wind out of Prenda’s Sail. I gotta give that to him and for any victims out there fighting a porn Troll in a multiple Doe, multiple settlement Bit Torrent case, you just might find something helpful in this transcript.
Keep up the good fight and have an exceptional day.
Thanks for getting the transcript and I want to thank you for making AZ an unwelcome place for the Trolls. Judge Snow did you and the others an injustice. I can’t access Scrib at this time, so if anyone can email me the document I would be grateful.
DTD 🙂
Ohai!
I understand people. I understand the frustration/fear these allegations cause.
I often can’t understand why the system refuses to help regular citizens understand the archaic process they have been thrown into.
Part of the reason I am so “vocal” is so that Doe’s can see someone express what they are feeling, not feel as alone and focus on the problem before them.
Never fear, you might get another shot at the apple. When the depths of what Pretenda have done are finally made clear I expect we’ll be seeing actions to return the money and peace of mind to every target.
Hey everyone. Not a doe but recently learned about this scam and want to offer my assistance in any way I can. Copyright trolls are cancerous pieces of human trash that need to be disposed of. Malibu Media filed dozens of lawsuits over the last couple of days… but here’s my question. Why are they concentrated in like five states? (CO, PA, MI, IL, MA) Is this just because they have friendly lawyers there, or is it because of suspected court corruption?
I just realized I gave the wrong abbreviation for “Maryland”. MA is Massachusetts. No matter, I’m sure you know what I meant.
When it is revealed that Lipscomb, Malibu Media, X-Art is accusing 80 plus year old grandmas of downloading and viewing teen porn, you want an extremely copyright friendly Federal Court and judge.
They are courts who are mostly unaware of the questions about the merits of these cases.
The belief that a lawyer would lie to a court keeps them blind to it being done or and over.
If you look at the history of trolling you will see the “players” shedding their skin to attempt to cover the tracks when things go poorly. They hire local counsels who are more interested in a paycheck than the law to be another face. Entire firms (which often might only be a couple people) are pulling in bank pushes these forward. MM has the Pretenda playbook and fallout to work with now. They altered their system to try and cut off all of the former attack vectors the community used, but they are blind to their own flaws. Sometimes when they get caught, they try and fix it. Now they are just claiming we are threatening them, so the entire case should be sealed and hidden away. They don’t like the public watching, and any Judge who approves this tactic no longer understands justice.
But then I’ve been sued an idiot claiming I defamed him in 2 courts, while in another writing that my statements online are 1st Amendment protected speech. They say what they need to to try and get more money.
It takes a half decent attorney about five minutes to figure out what is happening, However to become a Federal Judge you probably need to buy into the broken copyright system. We have a German investigator that invented a black box able to provide irrefutable proof of who committed piracy anywhere in the world over the internet, is just a bit too much BS for anyone with a few brain cells to accept as true.
There are many reasons people settle. The most obvious is that they don’t have the $300,000 to pay legal fees to put up the necessary defense. So the Judges become paper shufflers, putting their seal of approval on the shake down business model. A good Judge like Judge Wright, smelled a rat right away and put the troll out of business. The NYSD court put an end to this immediately by exposing the injustice and incredibility of the complaint. The EDPA court held a one sided dog & pony show, allowing Lipscomb to act as a greased pig in massive future out of court settlements. Judge Baylson seemed more interested in whether Collete performs in their erotica productions than anything concerning the credibility of the plaintiff’s claims. He could easily have pulled in an IT expert from a local University to examine how credible these German investigator claims are.
However this is the reality of the court system, Risk $300,000 and get a very bad Judge.
The largest problem is the Judges have not forced these cases forward.
The evidence isn’t questioned because the case never moves forward.
We all know that the “experts” are not that, but how the Justice system works means no one gets to point that out until they are named in a case. They have a system that they follow and it is uncommon for them to deviate from the script. To jump in before both sides are there putting forth their cases would be bad.
EDPA was a massive letdown because the Defendant used the possibility that there was no case to try and skate. Lying to the court slammed the door, and made sure no one had standing to point out the lies from plaintiffs side. Had there not been lies, attacking the “experts” would have been on the table still. Once he damaged his credibility, he was sunk and MM got to put on the dog on pony show… the outcome was already decided.
You might have missed we have a few “independent IT expert” statements about the black box, the common line is I’ve not seen it but what they describe it doing is correct. MM will do ANYTHING to avoid having a defense expert touch the software, because once the box is exposed as fake they are done. It would be the end for them if this happened.
We talk about Does targeted by Prenda finally getting a chance for payback once the evidence they created the events is “final”… imagine what would happen to MM for having put forth all of this. The fact they are now adding yet another “layer” to the story sounds like they are afraid that IPP will finally be deposed. This will get more and more interesting as we have seen very powerful filings hitting MM hard in court. The system isn’t perfect, but we need faith in it.
They thought we couldn’t stop Pretenda… we know how that worked out for them.
This is like musical chairs. So what are we now to make of IPP earlier claim of being an expert witness who did the investigative work that now Excipio claims to have done? Was IPP lying? Was the initial complaint and request for early discovery of IP address subscribers based on a boiler plate of pure fabricated lies?
That requires a VPN between the victim and the “Germans”. TCPdump works in conjunction with wireshark, grapple and snort to among many other things copy packets for analysis, but only from the switch. The forensics would then show the switch used to provide the file in question, but …
If two computers are part of the same torrent swarm then they will use the bittorrent protocol to talk directly to each other, hence the term P2P. You can use tcpdump to log this traffic without having to be a man in the middle or to have access to any switches/routers in between. That’s why the trolls don’t want their forensic techniques revealed because it’s a lot of smoke and mirrors that looks and sounds impressive to judges and juries but really isn’t all that useful in reality.
I swear this has the hallmarks of Prenda all over. Does anyone wan’t to bet that someone seeded the initial files and then waited for the folks to star d/l them and then start the monitoring file and they obviously used a bit torrent client they just don’t want to say they seeded it and put it out there to be downloaded that would be my opinion.
So much like Sharkmp4, someone had their finger in the pie before they put it on the window ledge to cool. The German monitoring companies have been doing some very suspect things the last while and they have been spanked for that more than once
There is no way they are going to want to come to court under oath and say what they use for software, cause we all know it is going to be some BT client that is out there and they seeded the files and them took snapshots of the d/l and the IP’s connected to the files being downloaded.
While I highly doubt this judge is going to go the distance and take Nicoletti and Lipscomb to task for ignoring the courts order, I sure hope it does happen. It’s a very thing line Lipscomb is dancing on with this. He knows full well most Judges are going to see the game being played here with this German monitoring outfit and their supposed “secret sauce” software.
In my opinion, if they can not produce all the software and show how these results were obtained to get the information out of TCPDump afterwards, then it ought to be excluded. Nicoletti even stated that they use a complex system to obtain the information that is fed into TCPdump to get the pcap results, but won’t say what the system is.
That being said I think that is a point the Judge and defense ought to be all over, how can they present evidence when know one knows how it was obtained or by what means? We all can pretty much guess how it was obtained but the court and defense shouldn’t have to guess, if they can’t produce or refuse to then it ought to be excluded and so should any affidavits supplied by this German monitoring company…. simple as that.
The game they are playing with the ” we don’t’ have the software, only they have it and it’s a secret, is all B.S. they are just plain trying to avoid having the truth come out about how this is all obtained because there would be a shark MP4 deja vu moment going on.
It will be interesting to see how the Judge takes Nicoletti’s stance of “they have what they need” and “aren’t entitled to anything else”. That should go over well with the Judge. I sinsecerly hope this isn’t going to be some $200.00 fine sanction either… but we’ll see what the Judge does here. If he doesn’t see the game beingf played here and a fool he is being made of then I don’t hold much hope that this will get stopped anytime soon
What a poorly written brief!
That “source” code includes targets…and the qualified person isn’t allowed to modify it.
Absolutely deceptive…a qualified person should be able to make modified copies as needed, provided the originals are preserved. And an optical disc should hold the so-called “source code”, since these folks know all about WORM drives!
Finally, they should be providing the compilation tools, since these are potentially themselves buggy.
Just me who thinks only being able to access the source code on a machine thats not networked is a way to make sure its never actually tested to see how good it is at monitoring network traffic.
You would think a small LAN would be a must at least to put this stuff through its paces and work out any flaws and see if it does what it claims
Clownius, that is a huge thing… Anyone care to swear they have reasonable confidence the machine used for monitoring is actually running the provided code and hasn’t been backdoored by anyone? Do you really trust. ANY OS? Pwn2own, anyone?
I’m fairly sure that the german outfit behind this isn’t complying with german laws (which are _much_ stricter than USA ones, especially regarding handling of personally identifiable data).
Perhaps a heads-up to the german state prosecutor’s office where they’re headquartered might be in order.
Can’t pay to kill but can vote not guilty hint hint hint 3 times ur clear mix jury only way to beat all systems in us