John Steele and Prenda Law

This is the place to discuss predatory porn lawsuits by John Steele and his gang (Formerly Steele Hansmeier, now Prenda Law, and soon “Anti-piracy law group”):

PRENDA LAW, INC. 1111 Lincoln Road, #400 (Regus Business Center)
Miami Beach, FL 33139
Telephone: 305-748-2102
Fax: 305-748-2103
http://www.wefightpiracy.com

See the Copyright trolls page for the list of scam artists.

Telephone numbers Prenda use to place harassment calls:

305-748-2102
800-380-0840
312-880-9160
305-397-8558
702-445-6064

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Discussion

2,789 responses to ‘John Steele and Prenda Law

  1. So Duffy files a lawsuit in the NDIL CP Productions v. 1-38 (12-cv-1505) and on 3-9 obtains an order permitting expedited discovery against the Does. http://ia700809.us.archive.org/2/items/gov.uscourts.ilnd.266035/gov.uscourts.ilnd.266035.docket.html Prenda serves a subpoena on Comcast on 4-28 and on 5-1 Comcast’s attorney, John Seiver, responds with a courteous letter telling Prenda to kindly fuck off in legalese while pointing to their sleazy business model (see, Exhibit B to motion to compel compliance http://ia701503.us.archive.org/33/items/gov.uscourts.dcd.155318/gov.uscourts.dcd.155318.1.0.pdf ). Part of the sleazy business model is to have the subpoena issue out of DCD, so Duffy brings the motion to compel in that district, CP Production v. Comcast (12-mc-381) placing predictable reliance on Judge Howell’s notorious Order (which has been appealed): On 11-12 Judge Leon denies the motion, no explanation given:

    “MINUTE ORDER denying [1] Motion to Compel Compliance with Subpoena. It is hereby ORDERED that the motion is DENIED. Signed by Judge Richard J. Leon on 11/12/12.”

    ISPs are having increasing success challenging Prenda subpoenas.

    Docket is here http://ia601503.us.archive.org/33/items/gov.uscourts.dcd.155318/gov.uscourts.dcd.155318.docket.html

  2. Recieved a letter from Ruggielo personally not from prenda law (small white envelope with a letter and one of those extortion forms) stating that I have ten days to respond and pay 6k or I will be named and served in a lawsuit and that the letter will be the last warning….

    • It’s funny because clearly Ruggiero can’t actually litigate this volume of cases over the geographical area he is covering. The Northeast isn’t that small, as the four hours of driving I did yesterday demonstrated. Even if you get named in a suit, they are probably just hoping for a default judgement for their $350.

      The other interesting thing is Ruggerio threatening to sue people that they are already suing in places like DC. It seems like that is pretty ballsy. If you are going to sue them for the same crime, but in a different court because you know DC is the wrong venue, why haven’t you dismissed them from th DC case yet?

  3. I received the same letter from Ruggiero demanding $6k in 10 days otherwise “litigation” will be filed against me. These extortion letters don’t even include what video was downloaded, just entitled “Violations of Computer Fraud Abuse Act and Other Claims in Complaint.”

    • I thought the CFAA claims were only for Lightspeed/Guava/Oaxaca…? And bittorrent only had the copyright DMCA type claims?

    • cfaa claims are for password hacking not bittorrent. so that would mean your case *should* be tied to either lightspeed media, guava llc, or arte de oaxaca. all of which are not exactly the most successful of the troll’s cases.

    • You violated “Other Claims in Complaint”? How fucking lazy are these idiots…oh wait, we know, LAZY. Just shotgun pleading everything, too lazy to write actual complaints instead of use the same complaint in different jurisdictions. These jackoffs don’t want you to know what you did for two reasons. One, you didn’t do anything. Two, this is a fucking scam.

      They actually have to state a claim, I don’t see any actual claims as I’ve torn apart the Cook County Guava claim and it’s a load of horse shit. They can’t say “defendant did some stuff, and more stuff, and more stuff, and it cost us money.” What did defendant do? Who knows! No one asks. Besides, these cases shouldn’t even be in Cook County Court much less a state court. This is why I believe there’s collusion. Royal fuck-up to leave this in Cook County and not remove it to federal court unless Skyler Case and Stacey Mullen both said “No, I wanna keep this in County Court where the judges have no fucking idea what’s going on because they’ve never seen anything close to this much less even read about it.” Lucked out with Tailor in Guava but Arte de Oaxaca, who knows.

  4. Interesting, I guess this is the “new front” in this campaign, I got the same Ruggiero letter, 10 days, $6000 (up from $4000 when it was Prenda) but the strange thing is, they didn’t even bother to property construct the form letter, as it states (paraphrasing) they are naming me for sharing “the movie listed above” but of course it never lists the movie at all, anywhere.

    I am still going to wait and see. Unless and until I am actually sued by name, I don’t plan to acknowledge anything.

    • All of the letters say that because they’re so used to suing people for infringement that they just said fuck it and didn’t even bother to change the letter to say what you’re actually (not) being sued for. They use the same form letters and they’re even too lazy to get a new domain for their new “Anti-Piracy Law Group” and are still using wefightpiracy.com and operating under Prenda even though the Illinois Secretary of State will pull Prenda’s corporate charter if it doesn’t file its annual report…which it won’t.

      Oh, and I just ran a lookup on Prenda on the IL SoS site, “Annual Report Filing Date 00/00/0000” as in it has NEVER filed an annual report, it’s still “Not In Good Standing” as well.

  5. My apologies for posting a reply in another post regarding the same matter. This one seems more up to date, so I will simply repost.

    I have also just received a letter regarding this case.

    It is from a “Daniel Goldsmith Ruggiero, Esquire” stating that he has been retained by Hard Drive productions, Inc. to pursue the commencement of the filing of a lawsuit against you for the copyright infringement of the movie.

    It further states that a suit will be filed if I do not attempt to resolve this matter, giving me 10 days to settle for a total of $6,000.

    Any advice on what to do with this matter? Should I consult an IP lawyer, or try to contact the EFF regarding this?

    • Ruggiero is sending these letters to everyone and their brother, it seems. I’d wait it out, if I were you. Hard Drive has not filed a single lawsuit against anyone since March.

    • Yup I also call bullshit. If you truly aren’t being sued and he’s telling you that you are, that’s an ethics violation of epic proportions and since he’s asking for money to settle a lawsuit that never even commenced (as in never existed), it’s attempted mail AND wire fraud (because they say you can either mail them a check or wire the money via credit card). This is no better than a Nigerian scam. Hold onto that letter, maybe even file a complaint with the FBI. Prenda is already on the FBI’s “to fuck” list, this would just give them more ammo.

  6. SJD, you kept saying that there weren’t going to be any new prenda named cases after this week but you didn’t want to give anything away. Will we know when whatever happens happens?

    • I’m trying to recollect where I and when did I give exact time frames. Obviously, I was misunderstood as I was talking about two different things. 1. Something indeed happened with one of Prenda’s plaintiffs, and supposedly it could surface during this week, but I don’t control when. 2. Steele & gang’s peak of individual cases is passed, yet it does not mean that they will stop filing suits and extorting defendants abruptly. Prenda will wrap its operations, but how soon, I don’t know. Also, it is possible that crooks come up with something enforceable to bring more pain and misery. So I would say there is a hope, not unsubstantiated, yet leaving off the hope solely is foolish.

  7. looking at the prenda extortion letters, especially the ones regarding the password hacking cases, how can they legally hold you to not “spoil” any evidence even if you aren’t involved in the case? when the does are not a party within the suit, how can they argue that they are bound to keep all “evidence?”

  8. I also received on of Ruggiero’s 10-day letters. I find it fascinating that his demand went up from $3400 to $6000 as the more time that goes by, the weaker their case actually is. Some of these alleged downloads occurred almost two years ago. Even if someone downloaded the file, there is a decent chance he or she wouldn’t even have the same computer after two years. And it is unlikely that any evidence would remain on the hard drive two years after an alleged download. Yet, Daniel wants approximately 300 times the cost of the video in damages. He also mentions that the offer will be revoked in 10 days, which implies that the amount he would be willing to settle for is more than that if he actually does file a lawsuit. However, the biggest leverage he has will then be gone because the person will have been “outed” for having allegedly downloaded porn. I plan on ignoring him and fighting if he actually serves me, and I recommend everyone do the same. The guy is an amateur, and he obviously can’t handle all the cases. If I am going to spend $6,000 or more, I am definitely not giving it to him. My guess is his cases will die way before the get to trial (which is when things tend to get really expensive anyway).

  9. http://www.azcentral.com/news/articles/20121119phoenix-area-investigations-reveal-porn-industry.html

    SJD posted this on Twitter with a brief comment, but looks like pretty big news regarding one of John Steele’s old friends- One of Paul Pilcher’s buddies got busted trying to recruit underage girls for Amateur Allure.

    ******
    A Maricopa County grand jury last month indicted Jacob David Deakins, 26, in connection with the scheme. Police allege Deakins tried to entice what he thought was a 17-year-old girl to his Mesa home in November 2010. In reality, the “girl” was an undercover Phoenix police officer.

    Deakins’ alleged intent was to post video of a minor engaged in sex acts to a website called Amateur Allure, according to court documents. The site is affiliated with Phoenix-based Hard Drive Productions and is among a handful of Valley companies that provide pornography online, according to court documents.
    ******

    Wow! I wonder how Paul Pilcher’s neighbors would feel if they found out about this? And how about the PTAs of all the schools in his neighborhood?

    Looks like AZ law enforcement knows all about Paul’s shenanigans. No wonder he has mostly given up the trolling business, he has much bigger problems to worry about.

  10. Just to toss my hat into the ring, I am in the Lightspeed Password hacking and have recieved the 10 day, 6k letter from Ruggiero. I guess only time will tell what happens next, but settling at this point seems unrealistsic.

  11. This assclown sent me the same letter. It looks like he used MS Paint to create his signature and he has a hotmail address for email. I initially thought this was a bad low- budget joke perpetrated by a coworker given the PO Box address, plain white envelope with typed address labels, and photocopied quality letter; however, it looks like this douchebag who represents peddlers of elderly men masterbating into the mouths of child-looking teenage girls is an actual “attorney”. Regardless, the IP address referenced in my letter is the network I use for work. That network is heavily monitored since I’m a government contractor. I have VPN logs, encryption journals, SecureID network logging, application management programs, peripheral lockdown software, enterprise AV, etc… My IT guys reviewed this information and confirmed I wasn’t online during the time referenced in the letter AND I could never install bit torrent software given my lack of administrative privileges. There’s no way the government would let these pseudo-pediphiles touch my equipment. I’m sure our Information Secutity unit would be interested in learning how my IP was spoofed or hacked and want to checkout this “software” of theirs.

    • Consider finding an attorney to file against the trolls, since there is particularly good digital evidence of innocence, with verification by business IT professionals. You might ask if an attorney would do this on contingency. Some Doe defense lawyer in your state might especially like to launch one of these, or notify the trolls that such a case may come. Things might look even worse for the trolls if you were contacted via a work location.

      Disclaimer: This post is not to be construed as legal advice and is for discussion purposes only.

    • I second finding a good attorney to file against them since you’ve got the full force of the federal government behind you who employ people MUCH MUCH smarter and WAY more qualified than Prenda’s uncertified, unqualified, uneducated “expert” Hansmeier. Something like this could damage severely damage all of their evidence that they’ve collected, since Steele has been quoted multiple times as saying that his “software” doesn’t make mistakes. I wonder what he’d have to say if he were under oath…probably that it’s foolproof.

      They’re forbidden to contact you at work. Only your home phone number. But from what I understand, EVERYTHING was handed over to them…or at least requested by Dugas in the Guava and Arte de Oaxaca cases. He went above and beyond, requesting all current and address on file, the usual (MAC address, home phone number, email etc) but the subpoenas also requested “other contact information” which would include your work, cell, work address, who knows, whatever your ISP has on file. I read those damn orders by the judges…they just say “You’re permitted to subpoena PII from the following ISPs pursuant to 47 USC Sec. 551….” No scope of limitation like in a federal suit. Just…everything. Judges should be saying “No, all you get are names and addresses because that’s all you need to serve a summons…if that’s what you plan on doing.” They do not need your email and home phone number to serve a summons, nor do they need any other info…name and address, that’s it.

      Disclaimer: The above post is for discussion purposes only and not to be construed as legal advice

      • I have an attorney already and she told me to relax and let this idiot dig his hole deeper. She said in all likelihood if he files an actual complaint, which means he’d have to fire up his Brother word processor with 3″ monochrome LCD display – an upgrade from the Smith-Corona manual typewriter used to create the last letter – she will reply with my information, and counter claim. She predicts once he zips his pants up I’d get a settlement offer. I was thinking $6000 multiplied by the number of extorted Does in this case would be $8 million and change. I’d like to give the poor souls who paid the extortion fees their money back, the rest to the Foundation of Missing and Exploited Children. If the claims of Amateur Allure using children are true I don’t want to profit from their dirty money – except for my attorney fees. This whole situation has me so agitated. Who is this piss ant who has the audacity to tell me I’m guilty and use the threat of lawsuits to extort money from me? I’ve served my country in combat and this loser questions my honor? These morons can say they’re fighting for a cause… I’ve fought for a cause. I want to go to trial just to hear them tell a jury how bad their greasy-haired porn handlers, who recruit 17 year old girls so the can beat off on the face of children, are being financially suffering. My attorney made me promise not to harass this c*ock s*cker. Sorry, I’m just pissed.

  12. Accused Copyright Klepto, I thought that she had to let them know you were represented.
    Anyone still getting phone calls from Prenda after these events?

    • You think that stops Prenda from contacting represented Does? If he (I assume “ACC” is a male) is represented, and his attorney contacted Prenda to inform them that he is represented, yet they’re still contacting him personally, then it’ll be like the Perea incident (well, incidents) all over again. They’re about as ethical as a used car salesman.

      In First Time Videos v. Does 1-76, Perea contacted a represented Doe. He’s in shit for that. In Bubblegum Productions v. Does 1-80, Perea sent a demand letter to a severed Doe. He REALLY pissed off Judge Seitz and ended up getting himself referred to the Florida Bar and Ad Hoc Peer Review Committee for FLSD. Moral of the story, they have no problem contacting represented Does.

  13. I haven’t heard a peep from Prenda in quite a while. I think with all the shit going down recently…. They may be getting ready for their “untimely demise” of a company. Or, they may try one more last ‘scare’ and threaten everybody again who hasn’t settled to try and get more money. Which will result in more counter-suits.

    • Well if you were a Doe in an HDP case, then I’d venture to say that you’re in the clear. Pilcher has WAY bigger problems…an FBI sting tying his company to kiddie porn production, a likely FBI investigation into this whole troll bullshit, and a PISSED off Arizona AG.

      If this kiddie porn story is true, and the shakedowns are being investigated, potential federal charges:
      18 USC § 2251 – Sexual exploitation of children (production of child pornography), 15-30 years
      18 USC § 2252 – Certain activities relating to material involving the sexual exploitation of minors (possesion and dissemination of child pornography), 5-20 years
      Then there’s the “settlements:”
      18 USC § 1341 – Mail fraud, up to 20 years
      18 USC § 1343 – Wire fraud, up to 20 years
      18 USC § 1349 – Attempt and conspiracy (to commit fraud), same penalty as if they had actually committed it
      ….OR a US Attorney could tie it all together (sans kiddie porn) into a RICO case for expediency and to get Prenda in on the action…
      18 USC §§ 1961 et seq – Racketeer Influence and Corrupt Organizations, prison term depends on how bad the prosecutor wants to bone defendant

      The multiple counter-claims against HDP.

      And since Arizona considers porn production prostitution and AG Horne doesn’t seem to be a big fan of trolls, Pilcher has to worry about (possible and VERY probable) criminal charges resulting from violations of…
      ARS § 13-3208 – Operating a “prostitution enterprise,” class 5 felony
      ARS § 13-3209 – Pandering, class 5 felony
      ARS § 13-3210 – Transportation for purposes of prostitution, class 5 felony
      ARS § 13-1422 – Adult-oriented business regulation – (among other things) is the “business” 1/4 mile from a residence (dwelling)? Well, since it’s in a residential neighborhood, DING!, class 1 misdemeanor

  14. Duffy’s kicking Does in AF v. Does 1-1058 (CADC is taking its sweet ass time with this appeal). Dismissals WITHOUT prejudice or in other words, they’re gonna be sued individually (or already have been)
    Dismissed two IPs w/o prejudice here…
    http://ia600806.us.archive.org/25/items/gov.uscourts.dcd.152214/gov.uscourts.dcd.152214.47.0.pdf
    and another here….
    http://ia600806.us.archive.org/25/items/gov.uscourts.dcd.152214/gov.uscourts.dcd.152214.48.0.pdf

  15. Got a nice phone call today from Lisa at Prenda law as a “courtesy” to discuss settlement options. First one in a while, actually. Trying to get some cash together so they can settle with other people maybe? 🙂

    • Seeing all the new MM and Patrick Collins and even the cheap rip off movie suits in the past couple of months, it is interesting to see that Prenda has not filed anymore of their Quad Intl. cases that they were touting was a huge client for them to acquire.

      • I just realized I was kind of unclear. I know that Prenda doesn’t do MM or PC cases. But despite the issues they’ve had in court, they’re still plugging away and filing new suits.

        It’s funny to see that Prenda isn’t keeping up with the other trolls, especially with the information that’s come out with them the past couple of weeks.

    • Oh her name’s Lisa? Did she give a last name? I had a chance to record an extortion call this afternoon but didn’t have the time since my boss is an…errm…yeah. Courtesy, pfft, they’re fucking desperate. Their operation is imploding…exponentially faster each day. They’re doubling down, apparently they want as many counts of wire fraud as possible but it’ll all get consolidated into one big RICO case if that happens. Oh, and John (I know you’re reading this), your money isn’t safe anywhere thanks to the PATRIOT Act.

        • They called me a few times using Skype but never left a voicemail. I’m thinking “Skype? You’ve gotta be kidding.” That 800 number is a VoIP switchboard, I wonder if their VoIP provider knows EXACTLY what they’re using it for. I found out the company name…they’ve got their hands in every cookie jar imaginable. Consulting, tech support outsourcing, blah blah blah.

  16. I’ve received letters and emails to call and settle with HDP via prenda. I was somehow subpoena’d by my ISP and they got my info. They say they’re going to file a lawsuit in my name. What should I do?just started receiving them in the last 2 months.

    • Well, I did nothing. I’m not telling you to do nothing, only that I did nothing. IF you plan on doing nothing, DO NOT ever and I mean EVER speak to them. If you accidentally answer your phone and it’s some Prenda tard on the other end, either hang up or give them the “Richard Pryor Response” (see DieTrollDie’s blog). I hung up on Mark Lutz a couple times but it’s my understanding they have some weasel named Lisa doing the extor…I mean, settlement calls now. Does she use that “courtesy call” bullshit like the previous poster stated? I’ll say this, if you’re part of that clusterfuck in DCD, they’re not gonna pull your IP and sue you individually unless you implicate yourself by actually speaking to them. They harassed the living shit out of me at least twice a week for 18 months, leaving voicemail after voicemail, but never emailed me. It’s important to note that HDP, or more properly its agent Paul Pilcher, is in A LOT of trouble with A LOT of people. First it was the Wong case, Then Abrahams which still isn’t settled. There’s also Hatfield. Then the whole kiddie porn sting done by the FBI where the guy they busted claimed he was gonna sell the “content” to HDP. Then the Arizona AG Tom Horne putting pornographers and their attorneys on notice, asking for anything and everything from victims. There’s also the whole “porn is prostitution” in Arizona and the house where they make the crap is right by a school…figure out that one heh. Then, and this is just my suspicion along with that of many others who frequent this site, there is an FBI investigation into Prenda’s entire operation with criminal charges pending. Since HDP hasn’t filed a single “new” lawsuit in a LONG time, it’s safe to say that Paul Pilcher has told Prenda to back off on filings so there’s a good chance that they will not sue you unless you SERIOUSLY implicate yourself.

      Since they already have your identity, I’d err on the side of caution and just play the ignore game since filing a motion with your IP would still identify you and those assclowns DO NOT like it when people challenge them, especially “armchair attorneys” (I believe John Steele put it more eloquently and by more eloquently I mean using vulgarity). That being said, if you do plan to settle, get an attorney to handle it. Don’t fill out their form and mail them a check because if you read over the “release” you’ll see that it’s only binding if both parties sign the release. Short of asking for a copy of the signed release, you’ll have no idea if he actually signed it and therefore it is not binding. Then again, if Duffy takes your money in consideration for release of “liability” (I scoff at that term) and does not fulfill his contractual obligation by signing it, it is at the very least breach of contract and nullifies the agreement. At most, and more likely actually, it would be considered mail fraud. But as I said, if you plan to settle, get an attorney to deal with them to make sure they do not backdoor the settlement so they can just go ahead and sue you again for the same thing or recycle your IP and throw it into a list of IPs in another case, both of which have in fact occurred according to some posters on here.

      On a side note, the scope of discovery allowed by these judges is just outright ridiculous. They say they actually plan on litigating these cases. If they actually planned on litigating these cases they’d actually name and serve people and the only information they need is a name and an address in order to serve summons. Not EVERY address that ISP has on file, any email addresses, any phone numbers, MAC address of your modem or endpoint, or anything else that serves no purpose other than to facilitate harassment.

  17. That weasel Ruggiero filed a Guava suit in PAED back on 12/3 (thanks to whoever RECAP’d it). What’s odd is that there’s no exhibit, nothing, and the defendant’s “name” is only on the docket, “TONY LY” (wouldn’t it be “Anthony”?). There is no name in the complaint, only an IP, which makes it even stranger. Here’s the complaint…
    http://ia601508.us.archive.org/3/items/gov.uscourts.paed.470703/gov.uscourts.paed.470703.1.0.pdf

    And my color commentary *GRIN*.

    Ruggiero alleges that the defendant used “hacked passwords” to gain access to plaintiff’s protected computer system(s) on June 4, 2012…so that’s why he’s filing a lawsuit 180 days later, because it’s such a problem that you wait 6 months to file a lawsuit even though they knew about it a LONG time ago. Ruggiero’s bullshit claims are for: computer fraud and abuse (“Defendant broke in.” “Defendant stole stuff.” “Defendant has caused loss to plaintiff in excess of $5,000 in one-year period, but we won’t break down the damages that actually apply here,” “Defendant disseminated blah blah”…what a joke), civil conspiracy (He states there were co-conspirators but he’s not suing them so defendant apparently conspired with himself…what a brilliant legal mind we have here), conversion (how do you convert a porn file into something tangible? Was defendant paid? Who the hell knows! Ruggiero doesn’t say HOW, just that it happened). In “Prayer for Relief” it asks for damages for the CFAA complaint, no mention of civil conspiracy, but does ask for damages for conversion…plus some extras! Breach of contract, unjust enrichment, aaaand drum roll please, copyright infringement.

    Is this guy a fucking idiot? Does he read this shit before he files it? Does ANYONE from Prenda read ANYTHING before they file? I mean, I’m not even an attorney or even a paralegal and yet I can spend 10 minutes reading one of their complaints and can pick out dozens of fuck ups that a legal assistant should be able to find. For shit’s sake, it’s like “defendant did this, this, and this, but give us money for this, that, that, and that.” It begs the question, how the fuck did these idiots get through a semester of even community college much less three years of law school (even a TTT) AND pass (in Ruggiero’s case) multiple state bar exams? Holy. Shit.

    • This is exactly what I’ve been saying all along. I’d gladly elaborate, but you’ve covered it all brilliantly. They’re idiots, pure and simple.

      • They obviously need to change the bar exams in all of the states where Ruggiero and especially the Florida Bar Exam which Perea managed to pass because if ethically deficient, cognitively disabled knuckle-dragging idiots like that can pass a bar exam in one state (or 7…however many states Ruggiero is admitted), it must not be too difficult. If they’re not practicing law in states they’re admitted, they’re de facto practicing law in states they aren’t admitted by issuing subpoenas for actions in other jurisdictions or letting their farmed out local counsels use Gibbs’ contact information. Duffy would issue subpoenas out of ILND and DCD for shit pending in FLSD, Texas, some other jurisdictions where he is not licensed and plainly states that he is the counsel of record for the action for which he is issuing the subpoena. And Duffy…well he claims he’s admitted in MA but his license has been inactive for some time so technically he’s not admitted to practice…I think? Not quite sure. Lies always catch up to you but when stupid people lie, the truth comes out even faster.

  18. Using Judge Wilkins’ reasoning in the Millennium TGA case, Judge Kotar-Kelly in DCD shoots down Duffy’s motion to compel compliance for First Time Videos v. Does 1-44 in ILND. Duffy’s consolation prize: the cities and states where Does reside, but not addresses, phone numbers, etc so plaintiff can then subpoena Comcast in the proper judicial district. So, basically Duffy isn’t gonna do a damn thing haha.

    http://ia601204.us.archive.org/25/items/gov.uscourts.dcd.155093/gov.uscourts.dcd.155093.11.0.pdf

    • So all they get for each ip XX.XXX.XXX.XXX –> City=Eastbumfuck State=Nutsackia

      And they have 180 days to file suit Individually in each of the correct jurisdictions to get the Does’ names before Comcast gets to purge the preserved records. Beautiful! Like you said, this is basically dead.

      • Yup. City, State, that’s it hahaha. It’s just another way of saying “if you’re actually serious about litigating this case, then file suit in proper jurisdiction” and we all know Duffy (Steele) just wants money. Judge Wilkins did the same thing in Millennium TGA, hamstrung Duffy because he’s not gonna be filing suits in ILND, ILCD, ILSD, and whatever federal district court(s) in Kansas that have jurisdiction over the rest of the IPs.

  19. Received a UPS overnight from Comcast yesterday indicating that my information has been requested via subpoena and that they will provide it unless I file a quash motion. The suit was filed by Quad Int’l d/b/a The Score Group via Tim Anderson, and their exhibit is nothing more than a spreadsheet page with a time stamp and an IP address. Sure enough, the case is legitimate and available via the RFCExpress site.

    I am curious how to proceed from here. I’ve spent quite a bit of time reading since I received the letter yesterday, and it sounds like the odds of this going anywhere are practically non existant. I see a lot of individual filings (Quad Int’l v. John Doe – singular rather than multiple) over the last 2 months, but I don’t see a single one that has named somebody. I have spoken with an attorney who is a friend, and he suspects they are somehow using an IP address range to get as many peoples’ information as possible from Comcast.

    The filing makes it seem as though they are looking specifically at me, but all they have is an IP address and a time when I wasn’t even on the computer. I really don’t have any proof save for a text message from the night before this happened. They say I downloaded or uploaded this movie at 3 in the morning, but I texted my wife to say good night around 10 o’clock. I worked 3:00AM until 1PM the day before, so I sure wasn’t up all night downloading porn or anything else. They do not specify what “movie” was on my machine (and I’m certain that whatever it is it isn’t on my computer) and at this stage I can only really wonder.

    Any thoughts? This was filed by Tim V. Anderson. I have been able to find very little information about him in regards to these troll cases.

    • Timothy V. Anderson is a slimy son of a bitch. Read the post about him getting a judge to approve his ex parte application AND motion for leave to conduct Rule 30 (telephonic likely) depositions. He’s ALMOST as devious as Steele…almost. They recycle IPs and actually wouldn’t be surprised if they make shit up by using a scanner to see what IPs are actually being used (“leased” by DHCP server).

      So…I’m trying to gather wtf is going on here. You were on your computer during the time of the alleged infringement (?). Did you receive a copy of the complaint? I can pull the complaint if you’d like, but please do not disclose any more details on here. What you’ve disclosed is fine, just no case numbers or even the jurisdiction you’re in (one of Anderson’s obviously but that doesn’t narrow it down) but I see a TON in Eastern District of Virginia (VAED). You received a copy of the subpoena and a spreadsheet? Take a look at the subpoena…a real good look. Was it issued out of the same federal district court where the action is pending? Or was it issued out of say The Northern District of Illinois, Eastern Division (ILND) or District of Columbia (DCD)? Duffy has this track record of issuing subpoenas out of DCD for actions in other jurisdictions and on top of that, signing the subpoena stating he’s counsel of record when, in fact, he is not. Several judges in Florida’s Southern District (FLSD) noticed this and got really sick of it so they kicked every single Prenda case where the subpoenas were issued out of ILND or DCD. He does this so Does have no standing to challenge the subpoena in their jurisdiction, which is why DCD has all of those motions to compel on the docket.

      Does it say something like “you’ve infringed on ‘The Copyright Act’….” or some asinine thing like that? I’ve seen a Guava case demand letter (above) that literally says “You’ve infringed on the movie ‘Violation of 18 USC Sec. 1030’….” It’s ridiculous. I’m reading a complaint out of Tennesee’s Middle District…this is pure and utter horse shit. Individual Doe but claiming contributory infringement, that won’t fly. STILL claiming negligence, they’re 0-3 on that one. As stated before, I’m more than happy to RECAP the docket (upload the docket and documents to the Internet Archive) if you give me the case number. Just let me know. I’m on Twitter, @ThatAnonDude so best way is to follow me, I’ll have to follow you, and PM me the case # or you could just make a bullshit GMail acct and shoot me an email. I’m MORE than happy to help, especially when it comes to Prenda cases. I want those assholes bankrupted and in shackles.

      • Thanks for the reply, That Anonymous Dude. I just followed you on Twitter and will be glad to give you the information via direct message there when it’s possible.

        • Rushing around trying to pull together Xmas, BIL’s Estate and trip the day after Xmas to a sunny locale.

          What is funny to me is that Trenchi is a 2010 law school grad with perhaps the crumminest website I have ever seen, in other words, hungry. So this bumpkin (not Blumpkin) is now ignoranty walking into a potential buzz saw after all the online posts about Coopergate.

          OMG the Stones just started, gotta check this out.

          • Sent an email to this poor bastard:

            Ah, Sam, Sam…

            You think that you are clever: you managed to pass a Bar exam, right? But sorry, I can’t call you flattering names, because only idiot files AF Holdings lawsuits when the “coopergate” is gaining speed.

            I don’t have anything against you at this time: you are only one hapless hungry lawyer who replied to an ad and did not do enough research… but my advice to you is simple and very friendly: read, read read my site, latest posts, all of them, or, at least those in Prenda category. Then, if you are not a total imbecile (and I believe you are not), run, run, run from Prenda criminals until it is not too late: to draw a big cross on your career when it just has started…. I don’t know why should I explain these elementary things to an adult. You are not “John Smith,” people will search for you name before hiring you or concurrently with job interviews. Even now, when I only mentioned you in a single list, my site pops up on the first page of Google results when searching for “Sam Trenchi.” You definitively don’t want to be #1 as former Prenda’s counsel Joseph Perea is, for instance (search for his name, go ahead).

            Just curious: do you know how to Google? You should learn: it is easy and a must-do step before jumping to any lucrative offer.

            Cheers,

            SJD

        • Thanks for that, I wanted to do likewise but am not cloaked. Young man who is a fourth generation lawyer would not to bring likely disgrace on his family by getting in bed with Prenda.

  20. I’ve received 2 harassment calls (I ignored them, they left voicemails) from Prenda Law regarding “Hard Drive Productions, Inc. v. Does 1-1,495 (Case No. 1:11-cv-01741)”.

    The first call was a “courtesy call” asking me for a settlement.

    The second call (received yesterday) said they were “ready to file in my local jurisdiction”.

    Should I be worried now?

    • No. HDP has rightfully lost the will to fight. They get counter-sued everywhere they go. Just continue on with your life, ignore the calls.

      • “Ready to file” is part of the standard script. The scripts for the next calls usually go something like “ready to move forward unless you pay by xx date, 2013”, “we haven’t heard from your attorney, we must hear by xx date”, “due to [something], we’ve ‘generously’ extended the deadline to xx, 2013…”

        Everybody gets these calls. The scripts continue for the 99+% who are not named in individual suits. They stop if you retain a lawyer (communications go to the lawyer then), or maybe if you tell them clearly to stop calling. That’s the only good reason to speak (briefly) to the trolls, like DTD’s “Richard Pryor” response:

        http://dietrolldie.com/2012/02/15/the-richard-pryor-response-or-what-to-tell-the-troll-when-he-calls/

        As you can read in the SJD posts yesterday, Steele/Prenda have other worries right now, threatening all their cases.

        If Prenda has a troll underling lawyer in your district and that troll has successfully filed and followed through on individual cases up until now, that’s reason for concern. But this HDP case has many Does. Prenda, even if they were competent and trouble-free, could only select a small number of individuals. Mostly likely, the few individuals specially targeted due to extra reasons like: they said something unwise to Prenda, another person made allegations to Prenda about them, etc.

    • Oh shit I have so many recordings of Lutz’s voicemails, not just saying “they’re ready to” file against me, but they ARE filing against me. Week after week, “we’re filing an individual lawsuit with your name in it…” and nothing ever happened. So…fuck them.

      HDP would be making a HUGE mistake by filing individual lawsuits because it’s (and by “it” I mean Paul Pilcher) already in a shitload of trouble after that FBI kiddie porn sting, the Wong, Abrahams, and Hatfield cases (I believe I missed one), and Arizona Attorney General Tom Horne basically putting a bounty on Paul Pilcher’s head when he asked for any evidence he can use against HDP (and CP Productions) as well as Prenda…err, Anti-Piracy Law Group. Short of you saying “Yes, you can record this conversation (if you’re in a two-party state)” followed by an admission of guilt, won’t do a damn thing but call and spread their FUD. They’re even afraid to blow up phones now and stuff mailboxes with settlement demand letters (or they don’t have the money to).

    • Thanks for the RECAP. Just tweeted it. They got their blood money, Pilcher problably told them to bail. Who knows, it’s done. That or (and this is HIGHLY HIGHLY unlikely) refile in proper jurisdictions, but my educated guess is that this case is done, period.

  21. So 1:11-cv-01741-JDB-JMF is done. Finished. Kaput. Or is HDP/Duffy/Prenda going to try their luck and file individual cases? I suspect that this particular bad dream is over. Looks like the corrupt Judge Facciola won’t have a chance to show his true colors.

    • Yep. Maybe I’ll write a short post, this is a milestone event. Every time someone settled on this case recently, my heart was bleeding: how is it possible for an intelligent person after 1 hour of research to settle on an out-of-state HDP case? It’s beyond me. Yet it’s all numbers game: the IQ distribution is normal and 1,495 is enough big number. If I insulted someone who had really valid reasons to settle (e.g., schoolteacher risking to lose his work), I do apologize, but it can’t be everyone who succumbed to fears: most did it out of intellectual laziness and cowardice.

    • He’s still boning people in the Openmind case. Giving Duffy carte blanche…allowed him to name a non-forum defendant. I mean, seriously? What crawled up Facciola’s robe anyway? He goes on his little vacation, comes back, and then goes full retard, complete 180 (more like 1980…180*11 heh), contradicting his own rulings. Wonder who got to him.

  22. HDP’s last case was filed 3/6/2012, their last “individual,” as in one John Doe, case was filed 2/16/2012. AFAIK, HDP never filed a named case or served a summons, although it is possible one or two of the complaints were amended with a named defendant, I don’t think RFC Express is always updated when that happens.

    In the meantime, Pilcher had to eat settlements with Abrahams and Wong, uncomfortable publicity, and one of his scouts getting busted for trying to recruit an undercover cop posing as a 17-year-old.

    Given Pilcher’s apparently broken will to troll, I have suspected this case has stayed alive because the agreements he had with Steele | Hansmeier/Prenda left him committed to the existing cases. As far as Prenda’s other old plaintiffs go, they have seen relatively few filings as most of the energy has been channeled into cases for the offshore shell companies, AF, Ingenuity, etc., so I would be very surprised to see a renewed push from HDP, aside from the occasional follow-up letter or call.

    That still doesn’t explain why it has been dismissed now, especially with an apparently-willing judge. But something seems to be going on over at Prenda, with their lapse of corporate good standing and apparent rebirth in the wings, they have been dismissing some of their pathetic attempts at named-defendant cases as well. Seems strange for them to waste all those filing fees and bail, but things are getting hot now. I suspect John had another “brilliant” plan to reinvent/regroup, but Coopergate and this Sunlust FL disaster broke at the same time and derailed it, probably putting all those guys into a pretty good panic. I would not be surprised to see every current Prenda case gradually put down as the new scheme emerges, but that will be is still open to speculation, assuming Coopergate and Florida don’t leave them too in jail to troll.

  23. HDP’s last case was filed 3/6/2012, their last “individual,” as in single John Doe, case was filed 2/16/2012. I don’t believe HDP filed any named cases or served summons, although it is possible one or two of the complaints were amended with a named defendant, I don’t think RFC Express is always updated when that happens.

    In the meantime, Pilcher had to eat settlements with Abrahams and Wong, uncomfortable publicity, and one of his scouts getting busted for trying to recruit an undercover cop posing as a 17-year-old.

    Given Pilcher’s apparently broken will to troll, I suspect this case has stayed alive because the agreements he had with Steele | Hansmeier/Prenda left him committed to the existing cases. As far as Prenda’s other old plaintiffs go, they have seen relatively few filings as most of the energy has been channeled into cases for the offshore shell companies, AF, Ingenuity, etc., so I would be very surprised to see a renewed push from HDP aside from the occasional follow-up letter or call.

    That still doesn’t explain why it has been dismissed now, especially with an apparently-willing judge. But something seems to be going on over at Prenda, with their lapse of corporate good standing and apparent rebirth in the wings, they have been dismissing some of their pathetic attempts at named-defendant cases as well. Seems strange for them to waste all those filing fees and bail, but things are getting hot now. I suspect John had another “brilliant” plan to reinvent/regroup, but Coopergate and this Sunlust FL disaster broke at the same time and derailed it, probably putting all those guys into a pretty good panic. I would not be surprised to see every current Prenda case gradually put down as the new scheme emerges, but what that will be is still open to speculation, assuming Coopergate and Florida don’t put them in jail before the get a chance to relaunch.

  24. I too also received one of these letters from Comcast informing me that they will disclose my information unless I filed a motion. I did a quick google search into Guava LLC and came here. I also contacted Erin Russell, I guess she’s been fighting these guys for a while now and might consider hiring her to deal with this…..however, from the looks of it most of you have simply chosen to ignore their tactics and not hire an attorney….my question, has any of these cases have actually gone to trial? I’m considering hiring her just to prevent them from getting my information and getting rid of them.

    • None have gone to trial. Not a single case. Ever. Not just Prenda’s, I’m talking about porn copyright cases period.

  25. I believe the post above yours directly answers this question you have. To quote: “HDP’s last case was filed 3/6/2012, their last “individual,” as in single John Doe, case was filed 2/16/2012. I don’t believe HDP filed any named cases or served summons, although it is possible one or two of the complaints were amended with a named defendant, I don’t think RFC Express is always updated when that happens.”

  26. As many are aware, the Copyright Clerk posted that many of the individual Sunlust cases were dismissed without prejudice.
    http://copyrightclerk.com/2012/12/31/sunlust-pictures-llc-dismissed-34-suits-in-december/

    Since I reside in the northeast, I’ve taken it upon myself to keep track of Ruggiero and his shenanigans. Turns out that he’s dismissed many of his other cases without prejudice (CP Prod, FTV, Millenium, Openminded) in addition to his Sunlust cases (as reported by Copyright Clerk), EXCEPT FOR his AF Holdings and Guava cases, both of which we think are “run by or for Prenda”. So it appears he’s dissociating from the true standalone plaintiffs who are not “Prenda Rightsholders”

    http://www.archive.org/download/gov.uscourts.mad.146955/gov.uscourts.mad.146955.6.0.pdf
    http://www.archive.org/download/gov.uscourts.mad.146973/gov.uscourts.mad.146973.6.0.pdf
    http://www.archive.org/download/gov.uscourts.rid.33404/gov.uscourts.rid.33404.4.0.pdf
    http://www.archive.org/download/gov.uscourts.ctd.98601/gov.uscourts.ctd.98601.8.0.pdf
    http://www.archive.org/download/gov.uscourts.ctd.98606/gov.uscourts.ctd.98606.10.0.pdf
    http://www.archive.org/download/gov.uscourts.paed.468316/gov.uscourts.paed.468316.5.0.pdf

    So, I got to wondering, are other Prenda local lackeys voluntarily dismissing non-Guava/AF/Ingenuity cases without prejudice? So to test, I randomly picked on one case by Jaques Naziare in Georgia (CP Prod). Guess what? Also recently dismissed without prejudice!

    http://www.archive.org/download/gov.uscourts.gand.188297/gov.uscourts.gand.188297.4.0.pdf

    However, I checked one of Naziare’s AF cases and it’s still open. See the possible trend?

    Maybe it’s worth checking other local attorneys to see if this trend is more widespread, which goes beyond the Sunlust dismissals that Copyright Clerk reported? I wonder if they’re dumping Quad/Score as well. Maybe others with PACER accounts can pick up some of the digging for their least favorite local Prenda trolls? 😀

    Is this the beginning of the end, or a move to an altered business model where they only file and maintain suits on behalf of their off shore rightsholders?

    Finally regarding Ruggiero. Since late Sept, he’s filed 38 suits for Prenda including CP, FTV, Millenium, sunlust, Openminded, AF, and Guava all in MAD, RID, CTD, NJD, PAMD, and PAED. That totals $13.3K in filing fees at $350 a pop. According to PACER, only 3 were dismissed with prejudice (ie settlement):

    http://www.archive.org/download/gov.uscourts.pamd.90941/gov.uscourts.pamd.90941.4.0.pdf
    http://www.archive.org/download/gov.uscourts.paed.468174/gov.uscourts.paed.468174.4.0.pdf
    http://www.archive.org/download/gov.uscourts.mad.146971/gov.uscourts.mad.146971.6.0.pdf

    There’s also one AF holdings Case in MAD that was terminated on 12/11 but there’s no notice of dismissal (with or without prejudice) in PACER. Can’t find any word or reasoning for the termination.
    http://ia601504.us.archive.org/19/items/gov.uscourts.mad.146870/gov.uscourts.mad.146870.docket.html

    For all of his 38 cases, not a single proof of service. The 120 day limit will be expired in late Jan to early Feb for most of his cases that havent already been dismissed or terminated.

    So let’s see. John Steele said that naming individuals has been more profitable than getting settlements from mass doe cases.

    What we have here is a sample set of 38 cases across 5 states with $13.K paid in filing fees. That doesn’t include other misc. costs. Word is, Ruggiero’s settlement demands are ~$6K. So for three settlements (possibly 4 including the MAD AF case) and assuming max of $6K a pop that’s $18K-$24K in recovered money. That leaves only $5K-$11K in profit (likely less) for all this work and hassle across the northeast that needs to be split between Ruggiero, Prenda, and the plaintiffs.

    How the fuck is this more profitable? For only couple to a few grand BEFORE TAXES for his work and time over three plus months across 5 states, Ruggiero now has to deal with Booth/Sweet in his MAD Guava case. Forget the morality for a second. Does the time, work, effort and now liability justify his amount of return? What a stupid fucker!

    To summarize:
    1) At least two Prenda local attorneys seem to be dismissing cases for non rightsholding plaintiffs besides and beyond Sunlust, which was previously reported by Copyright Clerk
    2) Of Ruggiero’s 38 filed cases for Prenda, only 3 (possibly 4) resulted in settlement leading to VERY LOW split profit between himself, Prenda and plaintiffs

    Sorry for the long post.

    • Adding the list of Ruggiero’s 38 Prenda cases that I was able to find in PACER (sorry, no links)
      njdce 3:2012-cv-06013
      njdce 1:2012-cv-06031
      njdce 1:2012-cv-06032
      njdce 1:2012-cv-06033
      njdce 2:2012-cv-06210
      ridce 1:2012-cv-00687
      ridce 1:2012-cv-00686
      ctdce 3:2012-cv-01403
      ctdce 3:2012-cv-01404
      ctdce 3:2012-cv-01400
      ctdce 3:2012-cv-01401
      ctdce 3:2012-cv-01402
      ctdce 3:2012-cv-01435
      madce 3:2012-cv-30168
      madce 1:2012-cv-11850
      madce 1:2012-cv-11851
      madce 3:2012-cv-11847
      madce 1:2012-cv-11880
      madce 1:2012-cv-12105
      madce 4:2012-cv-40130
      madce 3:2012-cv-30164
      madce 4:2012-cv-11797
      madce 1:2012-cv-11841
      madce 1:2012-cv-11843
      madce 3:2012-cv-11842
      madce 1:2012-cv-11848
      paedce 2:2012-cv-05428
      paedce 2:2012-cv-05429
      paedce 5:2012-cv-05430
      paedce 5:2012-cv-05496
      paedce 2:2012-cv-06724
      paedce 2:2012-cv-05425
      paedce 2:2012-cv-05423
      paedce 2:2012-cv-05426
      paedce 5:2012-cv-05424
      paedce 2:2012-cv-05427
      pamdce 3:2012-cv-01894
      pamdce 1:2012-cv-01893

  27. Randomly picking on some other First Time Videos (FTV) Cases in GA, IL and VA…same trend continues.

    This document shows that Anderson just dismissed three FTV cases in VA without prejudice
    http://www.archive.org/download/gov.uscourts.vaed.288255/gov.uscourts.vaed.288255.10.0.pdf

    Duffy just dumped a 44 Doe FTV case in IL (maybe trend applies to “Principals” as well as local lackeys)
    http://www.archive.org/download/gov.uscourts.ilnd.266066/gov.uscourts.ilnd.266066.29.0.pdf

    Same with Naziare in GA (see docket entry #5)
    http://ia801607.us.archive.org/3/items/gov.uscourts.gand.188997/gov.uscourts.gand.188997.docket.html

    From what I can tell by quickly skimming dockets in Pacer, the federal Guava, AF, Ingenuity 13, and QUAD Intl cases are still open.

    However it’s looking more like Prenda is nearly done wrapping up Sunlust, FTV, Boyracer, Millenium, CP Prod, and Openminded across the board!

  28. Okay, I’ve held onto this a while but I just can’t anymore…I think I know what’s going on! Check this picture out: http://www.alexhilhorst.com/blog/wp-content/uploads/2010/05/Bounty_hunter.jpg. Doesn’t that resemble a certain troll lawyer we all know??? My suspicions formed when I first saw the picture of said troll in the limo, but I do try not to fall into unmitigated conspiracy theory (watching all those old X-Files sure doesn’t help that). Now that it’s becoming obvious certain people don’t exist and maybe never existed at all the shape-shifter nature of this troll has come to light!!!1! I WANT TO BELIEVE!

    • I’ve listened to one of their voicemails already, asking for settlement money, telling Does that they’re part of a lawsuit (nope), and that they’ll be sued individually (nope). Caller doesn’t ID himself but we all know who it is, or anyone who’s dealt with that asshole in another case. I bet Judge Scriven would LOVE to hear voicemails of Lutz calling people, telling them he IS Prenda Law, after he stated under oath that he does not work for Prenda Law. Semantics?

      • I got a call from Prenda today…they are definitely still calling HDP 1-1495 Does. The funny thing is before I hung up on him he said I was part of Hard Drive and Boy Racer cases. I have never even heard of Boy Racer nor have a i received anything documentation stating I was part of a Boy Racer case. Should I be concerned about this? Is their anyway I could be part of a case and not know it? I did an RFC search on Boy Racer cases and did not see any cases filed in my District. Is their anyway of me finding out if I am a Doe in a Boy Racer case?

        • All of the Federal Boy Racer lawsuits have been either dismissed or terminated according to PACER. Also when these now dead cases were pending you would have received a letter from your ISP concerning a subpoena. Trolls lie so much that I nearly faint when something vaguely truthful comes out of their camp.

        • Boy Racer? Those are so incredibly dead, they must be more desperate that I thought. Was this Lutz? He’s been known to be a fucking moron. I have a recording of one of their HDP calls and it sure as shit sounds like Lutz to me (I have 55 Prenda extortion calls on one of my digital voice recorders…and I didn’t even record 1/4 of the calls I got) and the recipient referred to the caller as “that same fucking asshole who was calling me last year” (or something to that extent).

        • I believe he said his name was Jeff Shultz but I could be mistaken. His spiel was to say I was part of two cases Hard Drive Productions and Boy Racer and that they have a slam dunk case. That is when I hung up. I have never received a single thing from my ISP or from Prenda regarding a Boy Racer case so I am assuming they are BSing. How unethical is that???

  29. is there a white house petition started or should there be one started? could we get the required signatures to ellicite a response? is this something we want? at the very least, would the wh making a remark help expose their criminal operations?

  30. I think someone with great knowledge of their reach and practices should write something. I’m new to all of this or I would.

    • Pity… Yet he does it gracefully, big respect to him. Seems that Steele pulled the same trick as with Erin in Guava. He might not bothered with filing withdrawal notes, could simply break a private deal / agreement not to sue.

  31. Been catching up on the Gibbs/Navasca case on the twitter feeds lately. Hilarious. Especially about the ehow article.

    I do have two question though. If Prenda is the one pursuing the case against Navasca, why does he still have to front half of the bill for the imaging and analysis? Or was it just suggested in good failth to show what pricks Gibbs et al are?

    And second, are they seriously thinking about going through with discovery and a trial? I can’t seem to find anything to make them want to continue this case.

  32. Enjoying the schadenfreude from seeing Gibbs admonished. Two questions though.

    If Prenda is the one pursuing the claims based on such flimsy evidence, why does Navasca have to front even half of the bill for the imaging and analysis of the hard drive?

    And is this the farthest prenda has gone yet? I don’t seem to remember discovery ever happening previously. I’m surprised that they are taking it this far.

  33. Gibbs is making a complete ass of himself. Not that this is anything new, he did run mass-Doe cases into the ground in CA which basically started the ball rolling on shutting them down nationwide, but an eHow.com article is pathetic even for Prenda. It would have been more in character and had a better air of legitimacy if they’d had one of their fake “experts” whip up a declaration fabricating a bunch of claims about CCleaner.

    Just goes to show how unprepared these guys are for litigating a case. This kind of hysteria, panic, demands, and made up ‘facts’ is the kind of stuff that works against ignorant unrepresented Does, it’s not going to impress another attorney or a judge (and it obviously did not impress anyone), especially an attorney that has been kicking your ass in a district where all the judges already know you are a scammer.

    I love the judge’s gut-check regarding accusations of spoliation. Tossing around threats is Copyright Trolling 101 and it’s good to see the judge is tired of Prenda claiming punitive powers they don’t have.

    With Nick Ranallo having successfully developed the undertaking strategy that pretty much puts Prenda out of business in CA, they should have at least shown Nick enough respect to actually try to be an adversary. Gibbs would likely have his ass torn apart by a middle school debate team.

  34. The Order Prenda Does Not Want the World to See.

    In CASD on 1-29-13 Judge Moskowitz made an Order in the case entitled AF Holdings v.Rogers (12-cv-1519) Granting in Part Motion to Dismiss in response to defendants motion to dismiss (a slightly modified Nick Ranallo motion) http://ia701202.us.archive.org/32/items/gov.uscourts.casd.387721/gov.uscourts.casd.387721.10.0.pdf AF Holdings complaint against him.

    “Plaintiff’s First Amended Complaint (“FAC”) asserts claims of (1) copyright
    infringement; (2) contributory infringement; and (3) negligence against Defendant.. .As discussed below, the Court finds that dismissal is warranted as to Count Three and orders a more definite statement with respect to Counts One and Two.”

    “Plaintiff alleges that Defendant, using IP address 68.8.137.53,
    participated in the swarm that downloaded and distributed the Video on May 7, 2012. Under
    Rule 11(b)(3), Plaintiff’s counsel certified that to the best of his knowledge, this factual
    contention has evidentiary support. However, due to the potential for abuse in these types
    of cases, the Court wants to make sure that Plaintiff’s contention is supported by evidence
    that goes beyond the identity of the subscriber to the IP address. Therefore, the Court
    orders Plaintiff to provide a more definite statement setting forth the factual basis for its
    allegation that Defendant used IP address 68.8.137.53 to infringe its copyright.1”

    Footnote 1: “In its Opposition, Plaintiff states in a footnote that “Plaintiff’s allegations and
    identification of Defendant are based off of much more information than a lone IP address
    . . . .” Plaintiff does not, however, specify what information it has.”

    The judge goes on to dismiss the negligence claim because it is akin to contributory copyright infringement and, therefore preempted. Also, there is simply no duty to secure an internet connection or monitor its use. “As expressed by one district court, “[C]ommon sense dictates that most people in the United States would be astounded to learn that they had such a legal duty.” New Sensations, Inc. v. Does 1-426, 2012 WL 4675281, at *6 (N.D. Cal. Oct. 1,
    2012).”

    The real beauty of this Order is that the movant, Mr. Rogers, is pro se (unrepresented by a lawyer)!

    Order is here http://ia601202.us.archive.org/32/items/gov.uscourts.casd.387721/gov.uscourts.casd.387721.14.0.pdf

    Docket is here http://ia601202.us.archive.org/32/items/gov.uscourts.casd.387721/gov.uscourts.casd.387721.docket.html

    Needless to say Duffy dismissed the lawsuit on 2-6-13

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