Copyright Troll Prenda Law Dances Around The Simple Question: Which Alan Cooper Runs AF Holdings?

from the still-waiting... dept

Wed, Dec 12th 2012 11:02am — Mike Masnick

Well, well. The saga of copyright troll Prenda Law continues, getting more and more ridiculous by the day. First there was the comedy routine in a Florida courtroom, where Prenda denied representing the client, while at the same time effectively controlling the case by hiring the lawyers, and where John Steele (who clearly is connected to Prenda) just happened to show up in the courtroom. Then there's the Alan Cooper saga, where a caretaker of one of John Steele's properties in Minnesota began to worry that Steele was engaged in identity theft, and had falsely named him as the CEO of AF Holdings and Ingenuity13, two companies involved in Prenda copyright trolling cases.

A California lawyer, Morgan Pietz, who is apparently representing clients sued by AF Holdings and Ingenuity13, thought all of this was interesting enough that he alerted the courts hearing the related cases to both situations, which apparently set off Prenda Law's Brett Gibbs (also named as the guy who "hired" one of the lawyers in that Florida, despite Prenda denying any involvement in the case). The key question asked by Pietz: is the Alan Cooper associated with AF Holdings and Ingenuity13 the same Alan Cooper taking care of John Steele's property? Or are they different. There is, of course, an easy way out for Prenda if the Alan Coopers are different: just say they're different and show some evidence.

Instead... we get something else. First, a rambling and confusing filing from Gibbs in which he never addresses that simple question, but lashes out at everyone. He attacks the charges from Alan Cooper that his name and identity are being used against his will, not by saying that they are different Alan Coopers, but just by saying that Pietz "failed to perform a basic investigation to determine if the allegations contained in the letter are true." Gibbs does say they are false, but still provides absolutely no information on Alan Cooper, instead relying on the fact that a single court has said that it will take no action on Cooper's letter. Also, Gibbs accuses Pietz of attempting to "defame" AF Holdings with the Florida transcript, though I'm curious how attaching an actual transcript from a court case counts as defamation.

Pietz then filed a supplement to his original filing which responds to Gibbs' filing, noting that it "does not provide a single substantive fact designed to assuage any of these very troubling concerns. Rather, Plaintiff's opposition attacks the evidentiary foundation for Mr. Cooper's assertions, plus ad hominem attacks on the undersigned, an on Mr. Cooper's attorney, without responding substantively to any of the deeply troubling issues raised by Mr. Cooper." Furthermore, Pietz submits an email exchange with Gibbs which gets even more ridiculous.

Pietz asks Gibbs to answer these simple questions, and Gibbs refuses is an increasingly agitated manner. Eventually, they had a brief phone call, though the two differ entirely on the nature of that call. It does seem clear that Gibbs hung up on Pietz, though both accuse the other of unprofessional activities. Pietz insists that the claims that he yelled or cursed during the call are simply and totally false. However, it does appear clear from both accounts that Gibbs simply refuses to answer two simple questions: (1) What is the name of the client that Gibbs speaks to at AF Holdings and (2) can he provide Alan Cooper's signature, which Gibbs' "confirms" was appended to one of the exhibits filed in the case. Considering that the filing states the following, directly after an electronic claim that Alan Cooper signed the form (it's typical for lawyers to note "/s/" in electronic documents for where a physical copy was signed).

I, Brett L. Gibbs, Esq., hereby confirm per Eastern District of California Local Rule 131(f) that counsel for Plaintiff has signed original notarized version of the above Verified Petition

So, Pietz just wants to see that original signature from Cooper for somewhat obvious reasons, given the concerns listed above. And yet, Gibbs not only refuses, but when Pietz asked him directly on the phone about it, Gibbs himself admits that his answer was "I am sure there are hundreds of Alan Coopers in this world." In Gibbs' own email, he displays the way in which he has treated these conversations:

As I told you over the phone, when you asked "Is there another Alan Cooper?", I said "I am sure there are hundreds of Alan Coopers in this world." If your question had been framed more pointedly, and not so vague, maybe I could have provided you with a specific answer.

That's the kind of statement made by someone who thinks they're brilliant -- but isn't. All it serves to do is make lots of people aware of this. Parsing words when the clear intent of the question is obvious doesn't make you look intelligent. It just makes you look like you're avoiding the question because you don't want to answer. Similarly, Gibbs' insistence that he didn't hang up on Pietz seems equally dubious by his own explanation:

Mr. Morgan, I did not hang up on you. I take offense to your purposefully twisted version of things. At the end of our conversation, I said that "it was nice speaking with, I had other things to do and good bye" [paraphrasing]. That is not "hanging up" on someone, that is called ending a phone conversation (with respect, I might add).

Again... all of this dancing and parsing could be solved quite simply: by Gibbs or Steele or anyone actually showing that the Alan Cooper who is supposedly in charge of these holding companies isn't the Alan Cooper managing a Steele property in Minnesota. If that were the case, you'd think it would be quite simple for this to be proven. The fact that they're avoiding it only suggests that the most obvious possibility is the true story. As these stories advance, you get the feeling that this situation is going to end up being even more ridiculous than Righthaven by the time it's all over.

Gov Uscourts Cacd 536407 12 0 (PDF)Gov Uscourts Cacd 536407 12 0 (Text)

Gov Uscourts Cacd 543744 19 0 (PDF)Gov Uscourts Cacd 543744 19 0 (Text)

116459241 Gov Uscourts Cacd 536407 13 2 (PDF)116459241 Gov Uscourts Cacd 536407 13 2 (Text)

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Filed Under: alan cooper, brett gibbs, john steele, mogran pietz
Companies: af holdings, ingenuity13, prenda law

41 Comments

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Tunnen (profile), 12 Dec 2012 @ 11:10am

I really need to buy shares in a popcorn company... Lately with the likes of Prenda Law, Carreon, and IsAnyoneDown(sp?), we are approaching the absurdity levels of the good ole days of Jack Thompson.

=P
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That One Guy (profile), 12 Dec 2012 @ 11:12am

Minor typo:
'where John Steele (who clearly is connect to Prenda)'

Should be 'where John Steele (who clearly is connected to Prenda)'
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Loki, 12 Dec 2012 @ 11:15am

These are the sort of people representing the entertainment industry, and then they want to know why nobody takes anything they say seriously?
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Glen, 12 Dec 2012 @ 11:19am

As these stories advance, you get the feeling that this situation is going to end up being even more ridiculous than Righthaven by the time it's all over.

I should hope so. I have my popcorn ready.
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That One Guy (profile), 12 Dec 2012 @ 11:24am

And as for the article itself...
This is just comedy gold.

Dancing around, and giving non-committal answers to such an insanely simple question as a name... just blows the mind that they actually seem to think that their actions aren't doing anything but confirming the suspicion about the imaginary, or unknowing CEO of their company.

I cannot wait for a judge to get tired enough of their shenanigans that he/she orders them to have the 'person' in question show up in court, with several forms of legal identification; I'm sure their reaction will be absolutely hilarious.

"I regret to inform you your honor that our CEO will be unable to appear in court in the foreseeable future, as his grandmother died, his dog is sick, he is sick, he recently had major surgery, he has a terrible fear of cars, trains and airplanes, he..."
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Crashoverride (profile), 12 Dec 2012 @ 11:29am

Ironic that a case about illegally copying something resulted in illegally copying "Someone"

Further ironic in that Identity theft has less of a fine than the duplication of a file. Yet actually harms and takes something away that costs real world legal action and costs to get back.
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Anonymous Coward, 12 Dec 2012 @ 11:33am

Re:
No, this is the kind of comedy in bizarre deaths. This is...

Train Wreck Lawyering.
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Chuck Norris' Enemy (deceased) (profile), 12 Dec 2012 @ 11:44am

Re: Minor typo:
There are actually quite a few typos on this one. But I excuse Mike...I am sure he was as giddy when he typed it as I was as I read it.
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dennis deems (profile), 12 Dec 2012 @ 11:45am

New Rule
It's not hanging up on someone if you say "goodbye" first!
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dennis deems (profile), 12 Dec 2012 @ 11:47am

Re: New Rule
The cast for the movie should be:

Morgan Pietz: Kevin McDonald
Brett Gibbs: Dave Foley
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Anonymous Coward, 12 Dec 2012 @ 12:02pm

How can people so stupid become lawyers?
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mischab1, 12 Dec 2012 @ 12:04pm

Will the real Alan Cooper please stand up? :p

Based on what I've heard so far it seems obvious that AF Holdings is mostly an empty\dummy company whose CEO is the same Alan Cooper that we have seen so far. There is only one question left.

Was Alan's name taken without his consent or did he get cold-feet and is now lying about being involved?
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Anonymous Coward, 12 Dec 2012 @ 12:06pm

Re:
I don't know, let's ask AJ he qualifies as both someone stupid and someone who is supposedly going to become a lawyer.
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jjmsan, 12 Dec 2012 @ 12:07pm

Why the courts should allow cameras
The heck with reality tv. These proceedings should be on the networks.
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Arsik Vek (profile), 12 Dec 2012 @ 12:10pm

Re: Why the courts should allow cameras
The heck with reality tv. These proceedings should be on the networks.

But then it'd be copyright, and there'd be release windows... We'd never get to watch it.
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Starke (profile), 12 Dec 2012 @ 12:14pm

Re:
I suspect it's the former. If Cooper had known he was CEO of these shells, he could have just liquidated them and closed up shop if he really had cold feet.
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out_of_the_blue, 12 Dec 2012 @ 12:14pm

From the amount of time you've already spent,
on this DULL tale of typical lawyerly mendacity, it's already "more ridiculous" than even your Righthaven series of epic rants about trivia.

"As these stories advance, you get the feeling that this situation is going to end up being even more ridiculous than Righthaven by the time it's all over."

YES, here you've dispensed with all but "inside lawyering".

My advice (feel free to NOT take it, your dullness serves my purposes too): Drop this entirely.

Advance to the next re-write.
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Andrew Norton (profile), 12 Dec 2012 @ 12:18pm

defamation claims
Even under UK law (the worst defamation law in the world) he'd have a hard time claiming the florida transcript was defamatory. Mainly because there's ALWAYS qualified privledge for proceeds of court, as long as they're a true/accurate representation of it.

It's a little something I learnt when researching the law thanks to the UK IPO office censoring me for alleged defamation of collecting societies (as Glyn wrote about in July) It's a case that's still ongoing, as I'm trying to find out the facts of what they've been doing.
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Skeptical Cynic (profile), 12 Dec 2012 @ 12:51pm

Re: And as for the article itself...
Very Clintonesque.

Clintonesque (comparative more Clintonesque, superlative most Clintonesque)
In a manner reminiscent of the style of former U.S. President Bill Clinton; usually involving a hypertechnical parsing of words.
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Anonymous Coward, 12 Dec 2012 @ 12:51pm

Re: Why the courts should allow cameras
More important for would be lawyers to know, which school qualified him.
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Lord Binky, 12 Dec 2012 @ 1:04pm

Simple question.
If Alan Cooper of AF Holdings, Alan Cooper of Ingenuity13, and the Alan Cooper taking care of John Steele's property were to be summoned in court, how many court summons will the judge need to write to clear this up.
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Anonymous Coward, 12 Dec 2012 @ 2:10pm

Re: From the amount of time you've already spent,
"on this DULL tale of typical lawyerly mendacity, it's already "more ridiculous" than even your Righthaven series of epic rants about trivia."

You're free not to read it, or post about it.
But then, you won't be able to bill your masters for it, boy.
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Anonymous Coward, 12 Dec 2012 @ 3:03pm

Re: From the amount of time you've already spent,
Aw, you're just mad that your copyright enforcement heroes have been caught red-handed, out_of_the_asscrack. It's almost cute to watch because it's so miserable.
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Anonymous Coward, 12 Dec 2012 @ 3:12pm

Mike, the title of this post should have been:

"Prenda Law Comedy Gold, Part II: Hanging With Mr. Cooper".
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Anonymous Coward, 12 Dec 2012 @ 4:50pm

Lawyer: Doctor, before you performed the autopsy, did you check for a pulse?
Witness: No.
Lawyer: Did you check for blood pressure?
Witness: No.
Lawyer: Did you check for breathing?
Witness: No.
Lawyer: So, then it is possible that the patient was alive when you began the autopsy?
Witness: No.
Lawyer: How can you be so sure, Doctor?
Witness: Because his brain was sitting on my desk in a jar.
Lawyer: But could the patient have still been alive nevertheless?
Witness: It is possible that he could have been alive and practicing law somewhere.
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Anonymous Coward, 12 Dec 2012 @ 4:51pm

Re: Simple question.
Hundreds!
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Anonymous Coward, 12 Dec 2012 @ 4:52pm

Re:
Well, at least it IS entertaining.
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Anonymous Coward, 12 Dec 2012 @ 4:54pm

Re: Re: And as for the article itself...
Except the copyright case is of public interest.
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Anonymous Coward, 12 Dec 2012 @ 4:57pm

Re:
Ironic that a case about illegally copying something resulted in illegally copying someone.

This is hilarious !!

Could it be 3D printing ??
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Anonymous Coward, 12 Dec 2012 @ 4:59pm

Re: Re:
Maybe he actually can. That would surprise Gibbs.
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That Anonymous Coward (profile), 12 Dec 2012 @ 5:09pm

Re:
They represent themselves.
They reinforce the idea with porn producers that they are losing millions to evil pirates, not because they think they can charge $60 for a streamed video.
They offer to go get these pirates and make them pay, they don't mention the thousands they demand... they mention the hundreds the porn makers will get from evildoers.

Then they started offshore holding companies and did sham transfers of many copyrights and are actively working on hiding the money trail and evade taxes.

These idiots don't represent the entertainment industries, they represent every fucking reason lawyers need to be shot.
(For the Secret Service, this would be a statement that is extreme to point out something, not an actual threat... unlike the ones Steele made against myself and others.)
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That Anonymous Coward (profile), 12 Dec 2012 @ 5:15pm

Re: Simple question.
Don't forget Alan Cooper of AF Films.

There is an army of shell companies represented by Pretenda Law, each one slightly more refined than the last. Each of them is about moving money to a tax haven where no one can learn, without a lot of money and a local lawyer, who the principles of the companies are... and well the country doesn't require that paperwork to be filed.
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Anonymous Coward, 12 Dec 2012 @ 10:32pm

'Cause I'm Alan Cooper, yes I'm the real Cooper
All you other Alan Coopers are just imitating
So won't the real Alan Cooper please stand up,
please stand up, please stand up?
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Paul Keating (profile), 13 Dec 2012 @ 2:57am

Mike - please pick up the phone and call them.
Mike, I love this blog and generally enjoy reading it. Please remember that you are part of the new "press". I strongly encourage you to dig deeper yourself. Call the companies involved, disclose who you are and why you are calling and ask the questions directly. You can be "on the record" and you can even ask for permission to record the conversation and provide the copy to them.

It would be an interesting conversation and good reporting. Now, I am off to buy more popcorn so I can sit back and enjoy the show.
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Anonymous Coward, 13 Dec 2012 @ 5:04am

Oh the irony, defender of copyrights stealing identities.

To bad he has no real money else he would be called colorful like Molusconi in Italy that is a convicted criminal billionaire that made his money on media entertainment and news and could be re-elected president of Italy again.

I just hope this doesn't end in pizza like the Italian political scenery.
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Michael, 13 Dec 2012 @ 5:12am

Re:
Piracy put them all out of business.
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Michael, 13 Dec 2012 @ 5:19am

Crowdsourcing opportunity
Here is a great croudsourcing opportunity.

"Where's Alan Cooper" (it would be AWESOME if he would wear a striped shirt for us)

If a group of college students can crowdsource finding a weather balloon, can't we use Facebook and Twitter to ask every Alan Cooper if they run AF Holdings?
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sophisticatedjanedoe (profile), 17 Dec 2012 @ 10:47am

The saga continues
The saga continues. Whines, insults, but no answers, as expected.
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sophisticatedjanedoe (profile), 19 Dec 2012 @ 7:44am

Re: The saga continues
More updates:
- On 12/14/2012 Morgan Pietz files an ex parte application for leave to take limited discovery prior to rule 26(f) conference regarding Alan Cooper and to stay subpoena in one of the Ingenuity 13 v. John Doe cases, 2012-cv-04976.
- On 12/17/2012 Brett Gibbs files a motion for sanctions against a �serial filer� (oh irony!) Morgan Pietz, basically reiterating the same delusional accusations as in the document embedded above (except, maybe, for the motion length, the only argument that has a merit, yet it does not warrant sanctions in any sane court). In this motion, Brett not only prompts � he begs Judge Write to visit this site. A quick reminder: Judge Write has already labeled copyright trolls� � including Prenda Law � practice as �extortion�) .
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Anonymous Coward, 28 Dec 2012 @ 7:07pm

Re: The saga continues
For the faithful email subscribers: yet another update (and it is big):

Big news: Judge Wright has granted a discovery aimed at solving the Alan Cooper mystery (and, potentially, uncovering a fraud of epic proportions)
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Anonymous Coward, 18 Jan 2013 @ 11:01am

Re: From the amount of time you've already spent,
Oh dear oh dear. Little OOTB has thrown the toys out of the buggy yet again with his attempts (in vain I might add) to sound terribly intellectual and controversial. You, sir, obviously do not have an original thought in your head. Suggest amputation from the neck up would be a good solution.
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