Troll Defense

Troll Defense

Tips and Commentary for Individuals Accused of Civil Liability for Internet Activities

“London Has Fallen” in Hawai’i BitTorrent Suits

Posted in BitTorrent Lawsuits, Copyrights, Film

Notorious BitTorrent plaintiff LHF Productions, Inc. has expanded its nationwide litigation campaign to Hawaii, with recent copyright lawsuits against scores of “Doe” defendants in the U.S. District Court for the District of Hawai’i.

LHF Productions, Inc. holds copyrights to the action flick London Has Fallen, featuring Gerard Butler, Morgan Freeman and Aaron Eckhart in an assassination plot caper.  The Hawai’i actions follows many other LHF suits recently filed in other jurisdictions across the U.S..  As reported before, LHF is an affiliate of Nu Image / Millennium Films, which hold interests in films that have been the subject of prior enforcement actions, including Automata, The Humbling, The Expendables, Charlie Countryman and Bad Lieutenant.

The new lawsuits each allege direct and indirect copyright infringement by many unknown “Doe” parties through their use of BitTorrent file-sharing software. The cases seek statutory damages pursuant to the Copyright Act, attorney’s fees and costs, and an injunction against further infringement.

Like many another similar lawsuits filed in the same District Court, the LHF complaints were signed by Honolulu attorney Gregory A. Ferren.  A case listing, with links to the complaints, are below.

Parties and subscribers receiving ISP notices of these actions can contact attorney Benjamin Justus for a free consultation regarding possible options.

Filed: 08/08/2016
Case No. 1:16-cv-00437
LHF Productions, Inc. v. Does 1-10

Filed: 08/08/2016
Case No. 1:16-cv-00438
LHF Productions, Inc. v. Does 1-15

Filed: 08/08/2016
Case No. 1:16-cv-00439
LHF Productions, Inc. v. Does 1-13

Mindless Zombie Flick “Cell” Staggers into Seattle Federal Court

Posted in BitTorrent Lawsuits, Copyrights, Film

Two new copyright actions were filed the U.S. District Court for the Western District of Washington by CELL Film Holdings, LLC, which claims copyrights to the John Cusack/Samuel L. Jackson zombie-themed movie Cell.

As noted by Troll Defense in a post on similar Oregon CELL Film Holdings cases, Cell is based on a 2006 Stephen King novel of the same title about a signal sent out over the global cell phone network that transforms every cell phone user into a mindless killer.

CELL Film Holdings is an affiliate of Benaroya Pictures.  As noted in a prior Troll Defense post regarding affiliated film Queen of the Desert, Benaroya Pictures was founded by Michael Benaroya, son of a Seattle real-estate mogul, who began funding films in 2009, including past titles such as “New York, I Love You,” “The Romantics,” “Catch .44,” “Margin Call” and “The Words.”  As predicted then, the Cell lawsuits confirm Benaroya’s foray into a national, multi-title “troll-style” lawsuit campaign.

The new Cell lawsuits in the Western District allege copyright infringement by 21 “Doe” parties through their use of BitTorrent file-sharing software. Along with generic allegations of BitTorrent-based copyright infringement, the suits seek statutory damages pursuant to the Copyright Act, attorney’s fees and costs, and an injunction against further infringement.

Like many other similar lawsuits filed in the Western District, these complaints were signed by attorney David A. Lowe of Lowe Graham Jones PLLC. A case listing with links to the complaints is below.

Parties and subscribers receiving ISP notices of these actions can contact attorney Benjamin Justus for a free consultation regarding possible options.

Filed: 07/15/2016
Case No. 2:16-cv-01091 
CELL Film Holdings, LLC v. Does 1-11

Filed: 07/29/2016
Case No. 2:16-cv-01180
CELL Film Holdings, LLC v. Does 1-10

Zombie Flick “Cell” Stalks BitTorrent Users in Oregon

Posted in BitTorrent Lawsuits, Copyrights, Film

CELL Film Holdings, LLC, which claims copyrights to the John Cusack/Samuel L. Jackson zombie-themed movie Cell, has filed several BitTorrent copyright infringement suits in the U.S. District Court for the District of Oregon.  These are the first such lawsuits in the nation, with the Oregon District continuing to serve as a launching pad for new film titles in BitTorrent litigation.

Cell is based on a 2006 Stephen King novel of the same title about a signal sent out over the global cell phone network that transforms every cell phone user into a mindless killer.  According to Variety, “[w]atching ‘Cell,’ no one’s pulse will be raised, since the film is about as close as you could get to a generic low-budget undead thriller.”

The new Cell lawsuits in Oregon allege copyright infringement by “Doe” parties through their use of BitTorrent file-sharing software. Along with generic allegations of BitTorrent-based copyright infringement, the suits seek statutory damages pursuant to the Copyright Act, attorney’s fees and costs, and an injunction against further infringement.

The complaints allege that CELL Film Holdings is an affiliate of Benaroya Pictures.  As noted in a prior Troll Defense post regarding affiliated film Queen of the Desert, Benaroya Pictures was founded by Michael Benaroya, who began funding films in 2009, including past titles such as “New York, I Love You,” “The Romantics,” “Catch .44,” “Margin Call” and “The Words.”  As predicted then, the Cell lawsuits confirm Benaroya’s foray into a multi-title “troll-style” lawsuit campaign.

Like many other similar lawsuits filed in the District of Oregon, the Criminal Productions cases were filed by Salem, OR attorney Carl D. Crowell and Crowell Law.  A case listing with links to the complaints is below.

Parties and subscribers receiving ISP notices of these actions can contact attorney Benjamin Justus for a free consultation regarding possible options.

Filed: 07/07/2016
Case No. 3:16-cv-01387 
CELL Film Holdings, LLC v. Doe-76.115.222.248

Filed: 07/07/2016
Case No. 3:16-cv-01388
CELL Film Holdings, LLC v. Doe-76.115.59.2

Filed: 07/16/2016
Case No. 3:16-cv-01440
CELL Film Holdings, LLC v. Doe-50.193.0.92

Filed: 07/21/2016
Case No. 3:16-cv-01484
CELL Film Holdings, LLC v. Doe-50.39.122.232

Filed: 07/21/2016
Case No. 3:16-cv-01486
CELL Film Holdings, LLC v. Doe-50.53.81.17

Filed: 07/21/2016
Case No. 3:16-cv-01487
CELL Film Holdings, LLC v. Doe-50.53.116.227

Filed: 07/27/2016
Case No. 3:16-cv-01525
CELL Film Holdings, LLC v. Doe-50.53.163.5

Filed: 07/27/2016
Case No. 3:16-cv-01526
CELL Film Holdings, LLC v. Doe-67.237.234.123

More Voltage-Related Lawsuits in Houston District Court

Posted in BitTorrent Lawsuits, Copyrights, Film

A film production company affiliated with with Voltage Pictures, LLC have filed recent copyright infringement lawsuits against “John Doe” defendants in the U.S. District Court, Southern District of Texas, Houston Division.

The claims were filed by Fathers & Daughters Nevada, LLC, which owns the rights to the Russell Crowe drama Fathers and Daughters.

Both of the new lawsuits allege copyright infringement by the defendants through their use of BitTorrent file-sharing software to copy and distribute tFathers and Daughters.  Specifically, the plaintiffs alleged that “each Defendant engaged in a concerted action with other Defendants to reproduce and distribute Plaintiff’s Motion Picture by exchanging pieces of the Motion Picture file in a torrent swarm.”  The plaintiff seeks statutory damages pursuant to the Copyright Act, attorney’s fees and costs, and an injunction against further infringement.

As with other similar lawsuits in other jurisdictions, Voltage Pictures, LLC is the likely instigator, with distribution rights or co-production credits with regard to each title.  Voltage Pictures is said to be the driving force behind hundreds of similar BitTorrent copyright actions that have been filed in recent years.

This includes prior cases in the Southern District of Texas.  In 2014 and 2015, Voltage affiliate Dallas Buyers Club, LLC filed numerous Houston cases regarding the film Dallas Buyers Club.  On one day during the same time frame, Voltage collaborator Cobbler Nevada, LLC filed copyright infringement suits against over 350 John Doe parties over rights to the Adam Sandler flop The Cobbler.

These more recent Southern District filings were each made by Houston attorneys Joshua S. Wyde and Gary J. Fischman.  Case listings with links to complaints are below.

Parties and subscribers receiving ISP notices of these actions can contact attorney Benjamin Justus for a free consultation regarding possible options.

Filed: 05/10/2016
Case No.4:16-cv-01315
Fathers & Daughters Nevada, LLC v. Does 1-10

Filed: 07/05/2016
Case No. 4:16-cv-1968
Fathers & Daughters Nevada, LLC v. Does 1-13

Millennium Films Gets “Criminal” in Colorado (UPDATED 8/10/16)

Posted in BitTorrent Lawsuits, Copyrights, Film

National “troll-style” litigant Criminal Productions, Inc. has filed a growing number of lawsuits in the U.S. District Court, District of Colorado over recent weeks.  Criminal Productions allegedly holds rights to the sci-fi flick Criminal, which stars Kevin Costner as a brain-damaged convict implanted with the memories of a deceased CIA operative. This follows other Criminal Productions suits recently filed in several other states.

As noted in a past Troll Defense report, Criminal Productions is an affiliate of Nu Image / Millennium Films, which hold interests in numerous films that have been the subject of prior “copyright troll” enforcement actions, including London Has Fallen, Automata, The Humbling, The Expendables, Charlie Countryman and Bad Lieutenant.

The new Criminal lawsuits allege copyright infringement by scores of “John Doe” parties through their use of BitTorrent file-sharing software. The plaintiff is out for statutory damages pursuant to the Copyright Act, attorney’s fees and costs, and an injunction against further infringement.

Like many other similar lawsuits filed in the same District, these complaints were signed by attorney Scott T. Kannady of Brown & Kannady, LLC. A case listing with links to the complaints is below.

Parties and subscribers receiving ISP notices of these actions can contact attorney Benjamin Justus for a free consultation regarding possible options.

Filed: 06/21/2016
Case No. 1:16-cv-01575
Criminal Productions, Inc. v. John Does 1-22

Filed: 06/22/2016
Case No. 1:16-cv-01589
Criminal Productions, Inc. v. John Does 1-17

Filed: 06/27/2016
Case No. 1:16-cv-01649
Criminal Productions, Inc. v. John Does 1-30

Filed: 06/30/2016
Case No. 1:16-cv-01688
Criminal Productions, Inc. v. John Does 1-30

Filed: 07/01/2016
Case No. 1:16-cv-01698
Criminal Productions, Inc. v. John Does 1-29

Filed: 07/06/2016
Case No. 1:16-cv-01724
Criminal Productions, Inc. v. John Does 1-30

Filed: 07/11/2016
Case No. 1:16-cv-01761
Criminal Productions, Inc. v. John Does 1-21

Filed: 07/15/2016
Case No. 1:16-cv-01813
Criminal Productions, Inc. v. John Does 1-14

Filed: 07/19/2016
Case No. 1:16-cv-01836
Criminal Productions, Inc. v. John Does 1-13

 

Benjamin Justus on “The Troubleshooter” 5/25/16

Posted in BitTorrent Lawsuits, Copyrights, Film, Music, Photography, Video Games

On May 25, attorney Benjamin Justus discussed BitTorrent cases, copyright trolls and related issues on the nationally syndicated show, “The Troubleshooter,” hosted by Tom Martino and airing from KHOW in Denver, Colorado.

The episode can be found here, or at the embedded link below.

 

Microsoft Targets Does for Illicit Software Product Activations

Posted in Copyrights, Lanham Act, Software, Trademark

Over recent months, software titan Microsoft Corporation has filed a number of “Doe” lawsuits in the U.S. District Court for the Western District of Washington.  The suits allege both copyright and trademark claims against anonymous defendants accused of efforts to activate unlicensed copies of popular Microsoft software products.

The products named in the complaints include various versions of Windows and Office suites.  The complaints further described how Microsoft uses unique “product keys” used in the installation and activation of its software by consumers:

A Microsoft product key is a 25-character alphanumeric string generated by Microsoft and provided to customers and OEMs. Generally, when customers or [Original Equipment Manufacturers] OEMs install Microsoft software on a device, they must enter a product key. Then, as part of the activation process, customers and/or OEMs voluntarily contact Microsoft’s activation servers over the Internet and transmit their product keys and other technical information about their device to the activation servers. The majority of the activations involved in this matter contacted servers that are physically located in Washington.

Using “cyberforensics,” Microsoft allegedly received and analyzed information the targeted IP addresses used in the activation of unlicensed software:

Microsoft’s cyberforensics have identified several thousand product activations originating from IP address[] (“the IP Address”), which is presently assigned to Comcast Cable Communications, and which, on information and belief, is being used by the Defendants in furtherance of the unlawful conduct alleged herein. A material percentage of these activations have characteristics that, on information and belief, demonstrate that Defendants are using the IP Address to activate pirated software.

The complaints go on to make claims for violations of the Copyright Act based on the unlicensed reproduction of the software products.  In addition, the complaint alleges trademark infringement arising from the infringement of Microsoft’s registered trademarks and service mark, claiming that “Defendants’ activities are likely to lead the public to conclude, incorrectly, that the infringing materials that Defendants are installing originate with or are authorized by Microsoft, thereby harming Microsoft, its licensees, and the public.”

The suits seek declaratory relief, injunctions against the Defendants, damages, attorney’s fees and costs. The actions were filed by Davis Wright Tremaine, LLP in Seattle, Washington.  A case listing with links to complaints is below.

Parties and subscribers receiving ISP notices of these actions can contact attorney Benjamin Justus for a free consultation regarding possible options.

Filed: 02/25/2016
Case No. 2:16-cv-00276
Microsoft Corporation v. Does 1-10

Filed: 06/01/2016
Case No. 2:16-cv-00804
Microsoft Corporation v. Does 1-10

Filed: 06/01/2016
Case No. 2:16-cv-00807
Microsoft Corporation v. Does 1-10

“London Has Fallen” & “Queen of The Desert” Expand Troll-Style Campaigns in Colorado (UPDATED 8/10/16)

Posted in BitTorrent Lawsuits, Copyrights, Film

Two notorious BitTorrent plaintiffs have expanded nationwide litigation campaigns, with suits against scores of “Doe” defendants in the U.S. District Court of the District of Colorado.

Several cases were filed by QOTD Film Investment Ltd., which holds copyrights to the newly-released Werner Herzog epic Queen of the Desert.  As noted in a prior troll defense post, Queen of the Desert stars James Franco, Nicole Kidman and Robert Pattinson, and the Nevada suits are part of an emerging national trolling campaign.

As noted in the prior post regarding QOTD, the nominal copyright holder is an affiliate of Benaroya Pictures, which was founded by “Michael Benaroya, scion of a prominent Seattle real-estate family,” who began backing films in 2009, including past titles such as New York, I Love You, The Romantics, Catch .44, Margin Call and The Words.

Other actions were lodged by LHF Productions, Inc., which holds copyrights to the action flick London Has Fallen, featuring Gerard Butler, Morgan Freeman and Aaron Eckhart in an assassination plot caper. This follows many other LHF suits recently filed in other jurisdictions.  As reported before, LHF is an affiliate of Nu Image / Millennium Films, which hold interests in films that have been the subject of prior enforcement actions, including Automata, The Humbling, The Expendables, Charlie Countryman and Bad Lieutenant.

The new lawsuits each allege copyright infringement by unknown “Doe” parties through their use of BitTorrent file-sharing software. The cases seek statutory damages pursuant to the Copyright Act, attorney’s fees and costs, and an injunction against further infringement.

Like many another similar lawsuits filed in the same District Court, the QOTD complaints were signed by attorney Scott T. Kannady of Brown & Kannady, PLLC in Denver, while the LHF cases were filed by David J. Stephenson, Jr. of The Rocky Mountain Thunder Law Firm.   A case listing with links to the complaints is below.

Filed: 05/09/2016
Case No. 1:16-cv-01048
LHF Productions, Inc. v. Does 1-16

Filed: 05/23/2016
Case No. 1:16-cv-01230
LHF Productions, Inc. v. Does 1-10

Filed: 05/25/2016
Case No. 1:16-cv-01260
QOTD Film Investment Ltd. v. Does 1-12

Filed: 05/27/2016
Case No. 1:16-cv-01300
QOTD Film Investment Ltd. v. Does 1-12

Filed: 05/31/2016
Case No. 1:16-cv-01309
LHF Productions, Inc. v. Does 1-19

Filed: 06/07/2016
Case No. 1:16-cv-01366
QOTD Film Investment Ltd. v. Does 1-25

Filed: 06/08/2016
Case No. 1:16-cv-01379
LHF Productions, Inc. v. Does 1-14

Filed: 06/17/2016
Case No. 1:16-cv-01485
LHF Productions, Inc. v. Does 1-17

Filed: 07/21/2016
Case No. 1:16-cv-01867
LHF Productions, Inc. v. Does 1-20

Filed: 07/27/2016
Case No. 1:16-cv-01916
LHF Productions, Inc. v. Does 1-20

Filed: 08/05/2016
Case No. 1:16-cv-01993
LHF Productions, Inc. v. Does 1-12

Parties and subscribers receiving ISP notices of the case can contact attorney Benjamin Justus for a free consultation regarding possible options.

Millennium Films Property Files “Criminal” Copyright Actions In Seattle Court (UPDATED 8/10/16)

Posted in BitTorrent Lawsuits, Copyrights, Film

New copyright actions were filed the U.S. District Court for the Western District of Washington by Criminal Productions, Inc.

Criminal Productions allegedly holds rights to the sci-fi flick Criminal, which stars Kevin Costner as a brain-damaged convict implanted with the memories of a deceased CIA operative. This follows other Criminal Productions suits recently filed in Oregon.

As noted in past Troll Defense report, Criminal Productions is an affiliate of Nu Image / Millennium Films, which hold interests in numerous films that have been the subject of prior “copyright troll”-style enforcement actions, including London Has Fallen, Automata, The Humbling, The Expendables, Charlie Countryman and Bad Lieutenant.

The new Criminal lawsuits allege copyright infringement by many “Doe” parties through their use of BitTorrent file-sharing software. The plaintiff is out for statutory damages pursuant to the Copyright Act, attorney’s fees and costs, and an injunction against further infringement.

Like many other similar lawsuits filed in the Western District, these complaints were signed by attorney David A. Lowe of Lowe Graham Jones PLLC. A case listing with links to the complaints is below.

Parties and subscribers receiving ISP notices of these actions can contact attorney Benjamin Justus for a free consultation regarding possible options.

Filed: 05/20/2016
Case No. 2:16-cv-00729
Criminal Productions, Inc. v. Does 1-14

Filed: 06/09/2016
Case No. 2:16-cv-00860
Criminal Productions, Inc. v. Does 1-6

Filed: 06/30/2016
Case No. 2:16-cv-01016
Criminal Productions, Inc. v. Does 1-9

Filed: 07/29/2016
Case No. 2:16-cv-01177
Criminal Productions, Inc. v. Does 1-15

 

Costner Flick “Criminal” Implants BitTorrent Suits in Oregon Federal Court (UPDATED 8/10/16)

Posted in BitTorrent Lawsuits, Copyrights, Film

Criminal Productions, Inc., which holds copyrights to the action flick Criminal, has filed BitTorrent copyright infringement suits in the U.S. District Court for the District of Oregon.  These are the first such lawsuits in the nation, continuing the status of the Oregon District as a testing ground for new film titles in BitTorrent litigation.

According to Variety, the film “casts Kevin Costner as a brain-damaged, sociopathic convict implanted with the memories of a dead CIA agent… .”  A Washington Post review concludes, “[l]ike its brain-damaged protagonist, ‘Criminal’ just shouts and shoots its way into, not out of, an oblivion of illogic, plot holes and emotionally unengaging scenery-chewing.”

The new lawsuits in Oregon allege copyright infringement by “Doe” parties through their use of BitTorrent file-sharing software. Along with generic allegations of BitTorrent-based copyright infringement, the suits seek statutory damages pursuant to the Copyright Act, attorney’s fees and costs, and an injunction against further infringement.

The complaints in the Criminal lawsuits allege that each company “is an affiliate of Nu Image / Millennium Films, production companies and distributors of a notable catalog of major motion pictures.” In addition to recent suits involving London Has Fallen, several other films distributed or produced by Nu Image/Millennium have been the subject of prior enforcement actions, including Automata, The Humbling, The Expendables, Charlie Countryman and Bad Lieutenant.

Like many other similar lawsuits filed in the District of Oregon, the Criminal Productions cases were filed by Salem, OR attorney Carl D. Crowell and Crowell Law.  A case listing with links to the complaints is below.

Parties and subscribers receiving ISP notices of these actions can contact attorney Benjamin Justus for a free consultation regarding possible options.

Filed: 04/28/2016
Case No. 3:16-cv-00729
Criminal Productions, Inc. v. Doe-24.21.60.214

Filed: 04/28/2016
Case No. 3:16-cv-00730
Criminal Productions, Inc. v. Doe-50.139.92.146

Filed: 04/28/2016
Case No. 3:16-cv-00731
Criminal Productions, Inc. v. Doe-76.115.233.180

Filed: 04/28/2016
Case No. 3:16-cv-00732
Criminal Productions, Inc. v. Doe-71.193.213.202

Filed: 06/14/2016
Case No. 3:16-cv-01082
Criminal Productions, Inc. v. Doe-71.236.178.219

Filed: 06/16/2016
Case No. 3:16-cv-01094
Criminal Productions, Inc. v. Doe-73.67.184.212

Filed: 06/27/2016
Case No. 3:16-cv-01310
Criminal Productions, Inc. v. Doe-67.171.195.110

Filed: 07/05/2016
Case No. 3:16-cv-01369
Criminal Productions, Inc. v. Doe-24.20.25.90

Filed: 07/27/2016
Case No. 3:16-cv-01523
Criminal Productions, Inc. v. Doe-73.164.182.213