While I am sure we would all love to see the money come out of Politics and a more effectual Senate and Congress start to form, I wouldn't hold my breath.
If you ever wondered Why those in Senate and Congress stay in politics for 10, 20 or 30+ years, it isn't their love of politics nor their wanting represent their constituents views, it is all about money...period!
Why is it that those who are in the Senate or in Congress become so wealthy during their time in office? It sure isn't their salary.
It is because the Lobbyists and Special Interest groups throw ungodly amounts of money at them to push their position or get them to vote for or against something they have an interest in, or to influence that groups position and it's all legal.
If the U.S. Government ever outlawed Lobbyists and Special Interest groups and their funneling of cash to Senators and Congressmen thru PAC's and other means, do you really think that all these long term Senators and Congressmen would stick around for long? Hell no, they'd be out of there and off to make real money in the private sector.
Washington has a river of Dirty Money flowing thru it and there are a lot of politicians that would be loathe to have the Gravy Train stopped.
Excellent. I know quite a few people who can do the 30 second dash from the Lazy Boy to the Fridge in between commercial's and leveling up.
Some where right now a father is tearing up knowing that sitting in that Lazy Boy is a future University student on a scholarship and not just a lazy bum who wouldn't get a job and played video games all day.
The last things financial institutions need is deregulation.
Last time The U.S.Government let the Financial institutions in the U.S. do with less regulations we had a mortgage crisis and the banks needed a bailout and we will be paying for years thru taxes.
The Financial sector went hog wild last time and got themselves into all kinds of crap, do we really need a round two? Hell even Allan Greenspan admitted he screwed up.
If you put more power in the financial sectors hands with less oversight we will have a do over, you can bet on it. Because all they are concerned with is the profits they can make now, and they worry about the "what if's" when they happen.
I would like to think the U.S. Government learned something from the last time, but apparently not
It's really amazing just how far the U.S. Government and it's agencies will go to cover up the fact that they are spying on it's citizens and even worse stacking the deck against people who may or may not have committed a crime.
The fact that they intentionally lie and use "confidential Source" in disclosure documents to a defendants counsel to hide the fact that a stingray was used to gather information on a person just further shows the effort the U.S. Government will go to hide the spying on it's own citizens through illegal means.
I foresee a lot of cases where people are charged because of Stingray evidence getting tossed one day because of the state intentionally lying about the "confidential Source" in a case.
I guess when the U.S. Government and the State violate your constitutional rights issue it's not an issue anymore. A travesty in the making is what this has become.
While the USTR likes to term the TAFTA/TTIP as negotiations with other countries, it has been anything but that.
USTR position has been one of forcing and using coercion to to get other countries to crumble to their position.
The whole reason the TAFTA/TTIP is being negotiated in private, while withholding public or politician access to the documents is because because the USTR knows that the public and politicians would know what a terrible deal this is.
I doubt anyone here is surprised that someone associated with Prenda Law has been found of mis-leading the court in a case.
This is just another example at how far Duffy, Steele and Hansmeier will go to further their litigation.
Duffy intentionally lied to the Judge about what the other Judge who had this case before hand had ruled. This Judge caught Duffy in that intentional lie and thus he gets to hit with a $12k fine to pay.
Duffy is lucky the Judge didn't refer him to the Illinois state bar for this. Duffy has an oath as a Lawyer and an officer of the court to act with regard to the rules and conduct governing him as such.
Much like in Judge Wrights ruling and other Judges ruling's have show is that Steele, Hansmeier and Duffy will go to know end to perpetuate fraud upon the court and will to continue to abuse the court system to get a win for their side.
I stated earlier on that ELF-MAN was in a serious corner in the case and they are. I do not see them coming out unscathed.
The fact that Patzer & Macek names pop up again just proves that APMC is another one of the fronts for Guardaley and that is still the same crowd that is involved in this bit torrent lawsuit litigation scheme.
It is becoming more and more obvious that the gang from Guardaley seem to be using their old methods that they got busted on in the German case, and still live on today.
It will be interesting to see where else Patzer & Macek come up. I think the gang at Guardaley is starting to see their scheme unravel, the more they try and hide it the more they seem to expose it.
Vandermay better go buy a lottery ticket because she was very lucky IMHO to be allowed out especially with the claims made in Lynch's declaration to the court.
And as for Lowe, why on earth he would want to sub-in as counsel of record is beyond me. It will be interesting to see where the Judge goes with Lynch's affidavit and the questions raised in it.
Is anyone really surprised that Vandermay wants out of the ELF-MAN case? I doubt that many of us in the Internet hate group ( by the way SJD I didn’t get my ” I Hate Trolls ” T-shirt or my complimentary ” Proud Member Of Internet Troll Psychopath Group ” Bumper sticker , so if you could mail those out soon, that would be great ) are really surprised that Vandermay has filed to be allowed to gracefully exit the case.
While I can’t say I blame Vandermay for wanting an exit, I do not see the Judge granting her an early exit nor letting her slink away. There are many problems in this case that have been caused by Plaintiff and their so called ” client ” and the monitoring firm who provided affidavits and other “evidence” in this case.
In my opinion as with most of these troll cases the evidence and the monitoring firm is very thin to begin with, yet the trolls continue to file cases with it, and this case that Vandermay filed is no exception. Vandermay pushed on through this litigation insisting the defendant infringed their Plaintiffs content. This point was pushed by Vandermay for quite a while as the case went further.
The fact that Vandermay has now had a “come to Jesus moment” and wants to absolve all her sins and come way clean is wishful thinking in my opinion. Vandermay could have exited long ago ( like when she first looked at the case before filing it with the court IMHO ) she chose to push it forward to see if the defendant would settle for fear that Plaintiff and counsel would take it to the end and in my opinion this is a gamble that Vandermay took and lost, so be it she has to deal with consequences of her action in this case, period.
Lynch has done a lot of work in the case and it reflects very well for the defense. Lynch has Plaintiff and their counsel in a corner and I do not see them being able to get out of it that easy. In fact unless the Judge takes mercy on the Plaintiff counsel they are in for a rough ride as this progresses.
I would be of the thought that Vandermay could be in line for a bar complaint with her actions in the case. The failure to communicate with Lynch in response to letter and email sent concerning the matters the Defense want to have discovery on and the dates of service, I believe would be actionable in a bar complaint for non compliance with rules governing conduct of a lawyer via state bar and ABA rules of conduct.
Vandermay also has a duty as an officer of the court to notify defendant counsel and the Judge of and ethical issues she encounters in her duties during the case with regards to her client, and any evidence put forth in the case in regards to affidavits, declarations, evidence, witnesses and to notify the court swiftly.
The Judge I believe is going to see the fact that Vandermay pushed for discovery of defendant Lamberson computer while stone walling and not abiding by the discovery/deposition schedule that was scheduled with the court by both the plaintiff and defense counsels and then cancelling those schedule dates by saying that those who were to be disposed at the discovery hearing “could not make it ” is not going to sit well with Judge considering that all parties were aware of the fact that discovery was to take place at that time and date.
The fact that those discovery dates were cancelled by a lawyer for plaintiff who had not been associated with the case is going to have the Judge look at Vandermay and ELF-MAN and wanting to know why this occurred so late in the case when the time and dated were known well in advance and why they are now delaying the defendant counsel the opportunity to depose them so far into the case and how this new lawyer for Plaintiff came to be involved ( btw… does anyone know if Plaintiff’s new counsel David Lowe has asked the court to be entered and allowed to be on the record as plaintiffs new counsel and if Judge allowed it ?
In reading Lynch’s submissions to the court, Lynch brings up the fact that attorney Carl Crowell contacted him to let him know that Vandermay would be asking the court to allow her to get out of the case. Lynch in the conversation about the case tells Crowell about the questions he is looking for answers that Vandermay was to provide but has not done as of yet. Crowell in the conversation tells Lynch he will try and provide them and they end their conversation.
Lynch mentions in his filing with the court that Crowell had not provided the answers to Lynch and they have not spoken since. That to me raises the red flag in my opinion that Crowell may have looked at what has transpired and the actions so far in the case and decided to not insert himself into the case as their could be some serious repercussions that could apply for the plaintiff and said counsel for the plaintiff.
The fact that David Lowe has now come about and has asked the court to let ELF-Man dismiss the case and to do so the Plaintiff is not liable for any costs by the courts is a very telling tale. I do not see the Judge hearing the case allowing Lowe’s motion of dismissal to be granted. There would have to be hell of a reason for the Judge to allow ELF-MAN to dismiss this case, and from what I have read in the Plaintiffs motion there is NOTHING compelling to allow that to occur this far into the case.
While I do agree with assertion that Lamberson could walk away with a tidy some of cash here, I believe we are not at that point as of yet. Lynch and Lamberson has the hammer in their end of the court. The Judge that is hearing this case is not going to be impressed with the games that the Plaintiff and Plaintiff counsel has been playing in his/her courtroom and the tactics that have been played by plaintiff’s counsel.
If the Judge dismisses the case it would honestly be a travesty of epic proportions in law and of the rules of court and to the defendant who has been dragged in the mud when this all started. While the Plaintiff has rights, so does the defendant and to allow the case to be dismissed would trample all over the rights of the defendant to a fair and just conclusion to the action brought against him at no will of his own and in a case that should have never been files in the first place with a dubious copyright and entities that had no standing in my opinion to file this action in the first place.
The fact that this case was initiated by the Plaintiff and Vandermay means they chose to do so knowingly. ELF-MAN had a duty to make sure the representations and evidence supplied by the monitoring firm and that their work’s copyright was valid and fit the definitions required by law to used to litigate the case. .Vandermay in my opinion has a duty as a Lawyer and as an officer of the court to verify before bringing this case forward and filing it to make sure that she verifies all of Plaintiffs documents, evidence, affidavits, certificates, works, copyrights, methods of investigation, entities are in good standing and chain of evidence,as well as thrid party submissions and actions are within the boundaries to fit the requirements to file a case such as this and that are lawful.
I see a failure of many of the aforementioned items Listed above in this litigation in my opinion. The only way the Judge allows a dismissal in this case is if the Plaintiff writes one hell of a big cheque to Lamberson for dragging him into this mess of case in the first place, that’s the only way I see this situation resolving itself.
I do see the trolls not in this case but in other active case applying some pressure to people on Plaintiffs side to negotiate with Lynch to get Lamberson to take an agreement to dismiss with a confidential settlement involving cash to walk away. This case and its results if taken all the way by Lamberson and Lynch could have some scary repercussions for the folks on Plaintiffs side and Vandemay but for the troll lawsuit game as well. If this litigation goes to the end by the defendant and counsel the trolls would not come out unscathed in a Judges ruling at the end.
This could have a very serious rebound effect on other troll cases like this that are being heard or have been filed in various courts. The last thing the trolls would want is another Judge Wright like ruling that could further hurt the game of cash settlement troll lawsuit generation and remuneration.
The trolls are in trouble on many front and the Prenda case and others like this one are going to deal a serious blow to them and be brought up in more and more cases. Judge Wrights ruling is still effecting Prenda long after it came down.. This case as well as a few other could have some detrimental rulings as well that could shake the troll litigation to its core
The Poor Porn Production Companies and their owners like Colette and Brigham who own X-Art and Malibu Media LLC and are sharing with us their story of struggle against the criminals who upload their videos to torrent sites depriving a company that struggles to make a profit due to Piracy.
It must be tough on Lipsomb and Schultz to hear the tales of woe from Collette and Brigham and how they struggle to get by while facing the financial pressures of piracy. I can only imagine how thoroughly embarrassed Colette and Brigham must be to have to live in a $16 million dollar mansion while their neighbors cruelly mock them for being indigent.
I can only envision poor Collette sitting on her genuine chin chilla thow rug in the great room, tears streaming down her face while she clutches the new budget in her hand that their CPA gave them touting the cuts they will need to make due to the piracy of their videos. Long gone will be the days of when they have a personal chef and butler and will have to struggle with maid service only every other day.
No more $450 dollar bottles of wine, it will now have to be $400 bottles of wine, poor Collette trying to be brave while feeling nauseated from taste of that revolting $ 400 dollar swill Brigham clutching her closely and patting her on the back and quietly telling her that they need to be strong and this is what the Pirates and Internet Hate Groups want.
I usually never throw around the word Heroes loosely, but that what these purveyors of the only the finest smut that $9.99 a month can buy are. Heroes. I am sure right now that their fellow smut peddlers are still counting all the change they collect as they passed the hat at the AVN convention after a stirring speech about how the Field’s valiant struggle has left them desperately clinging to exist as they struggle financially.
IMHO I see this as more the work of Lipscomb than of Schultz. I think Collette and Brigham are concerned that they could have been reported to count officials for filming without a permit. The they county obviously wouldnt like it, and neither would Collette and Brigham if the county launched an investigation of said activity in their home in an area that is not zoned for it.
The fact that they made mention of this in the filing for a protective order may indicate that the county was/is investigating it and that may have rubbed Collette and Brigham the wrong way. You will have to excuse me if I am unsympathetic to them, play by the county’s film development permit rules and apply for your permit and they have no need to worry, it’s as simple as that.
As for using their home to shoot porn scene’s at, well that is true and can be seen in X-Art videos. So they have already done this, and if they did so without the proper permits and in violation of county zoning rules, well they only have themselves to blame. If your going to post pictures to your twitter account stating that your ”getting ready to shoot” and the view is from your house, then your a victim of your own making. Dont blame anyone else for rules you choose not to abide by.
I find asking for a protective order to be more a bid of desperation in my opinion. This would seem more of an attempt to keep any more information about X-Art / Malibu / Lipscomb / The Fields / Local Trolls / IPP/Guardaley/Excipio that has been discovered thru other court filings, thru other cases in other countries and in X-Art / Malibu filings and in other cases where Guardaley has been active and those associated with it’s entities.
I would suffice to say that Pietz own investigation when checking into IPP/Guaradaley/Excipio has put forth some interesting results that the plaintiff would like to keep out of the eye of those that are following these copyright troll litigation cases not only with Malibu, but Voltage Pictures and others as well.
I would hazard to guess that Pietz’ and Ranallo’s work in the Prenda case and ability to follow a a trail where many have thought there was nothing to see has the Troll’s a tad worried. In my view of this and other Malibu cases I think they ought to be concerned. If Malibu cases and IPP software is so infallable why are they so worried about bring the german whiz’s to testify, why do they routinely fight when IPP methods are questioned..
In Schultz filing she stated that Malibu had a “oral and written contract” with IPP Uh, say what? Weren’t they saying not long ago that the agreement with IPP was oral only? Did it suddenly become written one when it was leaked by one of their own troll lawyers in a filing that stated it was an oral only agreement” and now all of a sudden it is written. I am sure a Judge wont find that odd at all.
While I doubt that any Plaintiff in a copyright infringement case wants the public to know of it’s method and tactics, I believe Lipscomb / Malibu ought to get with realization that copyright litigation cases started to be followed long ago by both defendant attorney, the public , the internet community and countless others.
You can go all the way back to Napster and the Tennebaum case to see that the media and general pulic as well as other groups and society have been following these types of cases and reporting on them long before Malibu / Lipscomb have been around, so get over yourself Keith.
The fact that FCT & DTD put the information about what is going on in these cases to the public is informational. No one is advocating anyone harm physically and if someone has please dont paint us all with that brush, some people act out but not all.
While I dont know Collette and Brigham, I wouldnt really want to frankly, as their chosen profession is not something I would find suitable to myself. The Field’s have chosen their profession and are proud of it, so be it. I dont agree with their choice but they are with it and that’s all and well.
While I understand their concern for piracy of their material, I do not agree with the methods they have taken to” stop” piracy of their works, in my opinion this isn’t about eradication, education or education about stopping piracy and how it effects them, this more about revenue generation.e
I do find the irony in this filing about Lipscomb/ IPP and the Fields complaint about their violation of privacy, when they choose to violate the privacy of some poor soul who’s internet IP address might come up in IPP honeypot. in regards to copyright infringement and who is then sent a letter stating they should settle for some untold amount to to avoid the risk of being named in federal court lawsuit for downloading a porn movie without any clear evidence of actual infringement in my opinion.
So to whine about this in a filing when you purposely put yourself into the spotlight and how your privacy is at risk is laughable, sorry folks you put yourself into the limelight, dont be all shy when you find the glare of it gets to be too much
Prenda has always used the Deny, Deflect, Delay when they are in trouble with a case they are litigating, and this one is no different.
The fact that Judge Beryl A. Howell initial order allowing Prenda to proceed to victimize a thousand internet subscribers was a travesty to begin with.
Judge Beryl A. Howell was a former RIAA Lobbyist who when hearing this case couldn't separate her past beliefs to make a order that was fair and impartial and based in law and not her personally beliefs which was contrary to the oath she took as a judge.
Steele, Hansmeier and Duffy are trying to weasel out of this case before they get saddled with costs. The Only way they get out of this is if Judge Beryl A. Howell allows them to do it.
If that happens it will be a sign that Judge Beryl A. Howell still can not separate her former profession from the position she holds as a Judge.
Let me guess the Government leaned on a Federal Judge or Federal Judges or went Judge Shopping to find one that would seal everything it wanted.
It is amazing how far the U.S. Government will go to keep it's methods and tools of how it breaks laws and violates it's own citizen's rights and protections that they are afforded under the constitution with nary a second thought.
The other issue that I have with this is that if you go by what is in the Excipio handbook is that when the Judge grants the order to allow the lawyer to get the ISP subscriber information that the information is then turned over to IPP/Guardley/Excipio and they take the ISP subscriber information, they disseminate it and choose who to pursue for settlement and it is retained in their database.
I highly doubt that a Judge who granted an order for the ISP subscriber information to the Plaintiff’s attorney knows that this information is being turned over to a third part in another country that has provided evidence in the case at hand and is a witness in the very same case and that it was Plaintiff’s law firm that turned the information over. This fact should be making a Judge’s head spin and bring forth a little wrath in my opinion.
I would have to believe that the Judge would have an issue with the fact that all those ISP’s subscriber’s information that was gathered from the order issued to the ISP’s by the court was turned over to a 3rd party in another country without the courts knowledge and was being retained by that same 3rd party for future use.
Not only is that a violation of privacy laws IMHO but I would have to be of the belief that was way beyond the scope of the order the Judge issued. In essence you would have to assume the Judge would have been under the impression it was the law firm who would be dealing with the ISP subscriber information gleaned from the the courts order and the lawyer’s law firm would be going over that ISP subscriber information to see who infringed what work and in notifying the said ISP subscriber that their IP address was downloading a copy of their clients work in violation of copyright law.
The Excipio handbook states that they will disseminate the ISP subscriber information and see who to sue and not to sue and drafting of settlement letters and dealing with the alleged infringers in regards to settlements. Once again if this doesn’t raise a brow with a Judge I would be surprised.
As far as Lipscomb’s claim that the oral fee contingency argument isn’t their fault, I give that some serious side eye. They have a duty as a lawyer and as an officer of the court to submit documents they know are true and of fact and are pertinent to the case at hand and it is also their duty as an officer of the court to bring forthwith any concerns with their clients case where there is any affidavits, evidence and witnesses whose information may have been in conflict with the rules of court and standards of the ABA that counsel is governed by.
In recent light of the the appellate courts decision which I see as a rebuke of the order handed down by Judge Beryl A. Howell ( and we all know what a travesty that was ) I seriously hope that it will shine more of a light of scrutiny on these copyright troll lawsuits which are nothing more than a cash grab in my opinion.
If Lipscomb and Malibu aren’t worried about the coming storm, then they seriously misguided. Pietz and the other defense counsels fighting Mailbu and other trolls are certainly not going to just take the trolls at their word that the IPP/Guardley/Excipio is all well and good and there is nothing to see here and they should just move along.
The Trolls are finding out what formidable defendants and their counsel can do in these case. John Steele thought he and Paul Hansmeier were too smart to have their litigation machine shut down, and look what happened to them. Even when Steele and Hansmeier have tried other forms to achieve settlement cash they have had the bright light shone upon them. Hell I am not even sure they could chase ambulances without someone fact checking anything they file concerning a lawsuit.
We may just be witness to another copyright trolls litigation come to a much earlier death than planned and sooner than than the troll imagined.
So Lipscomb and Malibu say the “oral contingency” agreement was in place but was terminated when it accidentally became public during a case, but yet had sued how many people when it was still in effect? Why was the “oral contingency” only terminated after it became known?
Malibu and Lipscomb say that the “oral contingency” agreement only paid a fee for the information. If this is the case why did they race to terminate the “oral contingency” so quickly once it became known, seems a little odd doesn’t it?
Color me a tad skeptical here, but has anyone known a lawyer to not have documents drawn up and signed by all parties in regards to transactions between a client and an entity it is doing business with? I have never seen a lawyer stand up and say “no need to get a written agreement signed spelling out payment and what the terms are and when the funds are due” “a simple handshake will suffice even though your both in different countries”. Yeah right.
Sorry but that should raise the red flag to a judge that has heard or is hearing a Malibu case. One thing every Lawyer is taught is everything needs to be in writing when dealing with clients and those they do business with as their legal representative. What law firm would launch a suit without seeing any signed agreements that covers their ass. None.
The mere fact that this “oral contingency” was terminated when it became known was a huge flag for the defense and it should be for the Judge as well.
The Judge should be demanding that IPP/Guardley bring forth a senior company official and Malibu bring a senior principal to court to tell the Judge why this agreement was changed mid stream in the middle of a lawsuit brought forth with evidence provided by IPP/Guardley to initiate this lawsuit and why Malibu, the Plaintiff attorney and IPP/Guardley and it’s evidence shouldn’t be allowed and all three of the aforementioned parties shouldn’t be sanctioned. Lipscomb/Malibu can not use the Sgt. Schultz defense and say ” I see nothing, I hear nothing”
I won’t even begin how Malibu who loves to say “we will bring anyone to court to testify in these cases to prove our findings and testify to the alleged infringement of a copyrighted work” but yet seems loathe to do that very thing.
The fact that the Excipio hand book seem to lay out how these cases are presented and who to go after was very telling and one looks at these and other troll cases and the similarities to how the litigation starts and how it flows is quite similar to how the litigation is taking place .
The one thing I found troubling with the Excipio handbook, is that they lay out how these cases start, what documents to file with the court, how settlement letters are to be written, how to deal with those that fight the lawsuit and how to handle the defense lawyers. That to me screams of collusion ( my opinion) between the Plaintiff and the witness and the plaintiff’s attorney. If this happened in a criminal case you would be up you know where without a paddle
In my opinion you have the monitoring firm playing witness, playing law firm, and playing detective submitting evidence and affidavits in the course to get the legal action and directing it as it goes. There is a whole lot wrong with that in my opinion and the poor ISP subscriber is going up against what I would term is a stacked deck.
A Judge would have to be willfully blind to not get a sense that there is some serious issues’s with these cases and and to ignore them would be a travesty not only to the defendant but to the court and the rule of law itself.
I thought Obama said that he would have a fair an open government and that his government would not be like the Bush era government was.
The lengths that the Obama government will go to make sure none of their technology that is used to spy on Americans is astounding.
The U.S. government is stacking the deck and using technology against it's own citizen and is relentless in the pursuit to keep it's citizens in the dark with regards to it's use and who and how it is deployed.
Gone are the days when you could trust your government
On the post: Awesome Stuff: Crowdfunding To Get Money Out Of Politics... Now With Steve Wozniak!
If you ever wondered Why those in Senate and Congress stay in politics for 10, 20 or 30+ years, it isn't their love of politics nor their wanting represent their constituents views, it is all about money...period!
Why is it that those who are in the Senate or in Congress become so wealthy during their time in office? It sure isn't their salary.
It is because the Lobbyists and Special Interest groups throw ungodly amounts of money at them to push their position or get them to vote for or against something they have an interest in, or to influence that groups position and it's all legal.
If the U.S. Government ever outlawed Lobbyists and Special Interest groups and their funneling of cash to Senators and Congressmen thru PAC's and other means, do you really think that all these long term Senators and Congressmen would stick around for long? Hell no, they'd be out of there and off to make real money in the private sector.
Washington has a river of Dirty Money flowing thru it and there are a lot of politicians that would be loathe to have the Gravy Train stopped.
On the post: eSports Milestone: University Now Offering Scholarships For eSports 'Athletes'
Some where right now a father is tearing up knowing that sitting in that Lazy Boy is a future University student on a scholarship and not just a lazy bum who wouldn't get a job and played video games all day.
On the post: NJ Attorney General's Office Trying To Push State Supreme Court To Overturn Precedent Requiring A Warrant To Access Phone Billing Records
On the post: Details Leak On How Secret Global Treaty Will Force Countries To Further Deregulate Financial Sector
Last time The U.S.Government let the Financial institutions in the U.S. do with less regulations we had a mortgage crisis and the banks needed a bailout and we will be paying for years thru taxes.
The Financial sector went hog wild last time and got themselves into all kinds of crap, do we really need a round two? Hell even Allan Greenspan admitted he screwed up.
If you put more power in the financial sectors hands with less oversight we will have a do over, you can bet on it. Because all they are concerned with is the profits they can make now, and they worry about the "what if's" when they happen.
I would like to think the U.S. Government learned something from the last time, but apparently not
On the post: New Emails Show That Feds Instructed Police To Lie About Using Stingray Mobile Phone Snooping
The fact that they intentionally lie and use "confidential Source" in disclosure documents to a defendants counsel to hide the fact that a stingray was used to gather information on a person just further shows the effort the U.S. Government will go to hide the spying on it's own citizens through illegal means.
I foresee a lot of cases where people are charged because of Stingray evidence getting tossed one day because of the state intentionally lying about the "confidential Source" in a case.
I guess when the U.S. Government and the State violate your constitutional rights issue it's not an issue anymore. A travesty in the making is what this has become.
On the post: USTR's Anti-Transparency Rules For TAFTA/TTIP Documents Published
USTR position has been one of forcing and using coercion to to get other countries to crumble to their position.
The whole reason the TAFTA/TTIP is being negotiated in private, while withholding public or politician access to the documents is because because the USTR knows that the public and politicians would know what a terrible deal this is.
On the post: Prenda Hit With $12,000 In Sanctions Over Its Bogus Defamation Suit
This is just another example at how far Duffy, Steele and Hansmeier will go to further their litigation.
Duffy intentionally lied to the Judge about what the other Judge who had this case before hand had ruled. This Judge caught Duffy in that intentional lie and thus he gets to hit with a $12k fine to pay.
Duffy is lucky the Judge didn't refer him to the Illinois state bar for this. Duffy has an oath as a Lawyer and an officer of the court to act with regard to the rules and conduct governing him as such.
Much like in Judge Wrights ruling and other Judges ruling's have show is that Steele, Hansmeier and Duffy will go to know end to perpetuate fraud upon the court and will to continue to abuse the court system to get a win for their side.
On the post: Once Again, As Details Of Questionable Copyright Trolling Practices Come To Light, Troll Desperately Tries To Run Away
Re:
The fact that Patzer & Macek names pop up again just proves that APMC is another one of the fronts for Guardaley and that is still the same crowd that is involved in this bit torrent lawsuit litigation scheme.
It is becoming more and more obvious that the gang from Guardaley seem to be using their old methods that they got busted on in the German case, and still live on today.
It will be interesting to see where else Patzer & Macek come up. I think the gang at Guardaley is starting to see their scheme unravel, the more they try and hide it the more they seem to expose it.
On the post: Once Again, As Details Of Questionable Copyright Trolling Practices Come To Light, Troll Desperately Tries To Run Away
Re:
And as for Lowe, why on earth he would want to sub-in as counsel of record is beyond me. It will be interesting to see where the Judge goes with Lynch's affidavit and the questions raised in it.
On the post: Once Again, As Details Of Questionable Copyright Trolling Practices Come To Light, Troll Desperately Tries To Run Away
While I can’t say I blame Vandermay for wanting an exit, I do not see the Judge granting her an early exit nor letting her slink away. There are many problems in this case that have been caused by Plaintiff and their so called ” client ” and the monitoring firm who provided affidavits and other “evidence” in this case.
In my opinion as with most of these troll cases the evidence and the monitoring firm is very thin to begin with, yet the trolls continue to file cases with it, and this case that Vandermay filed is no exception. Vandermay pushed on through this litigation insisting the defendant infringed their Plaintiffs content. This point was pushed by Vandermay for quite a while as the case went further.
The fact that Vandermay has now had a “come to Jesus moment” and wants to absolve all her sins and come way clean is wishful thinking in my opinion. Vandermay could have exited long ago ( like when she first looked at the case before filing it with the court IMHO ) she chose to push it forward to see if the defendant would settle for fear that Plaintiff and counsel would take it to the end and in my opinion this is a gamble that Vandermay took and lost, so be it she has to deal with consequences of her action in this case, period.
Lynch has done a lot of work in the case and it reflects very well for the defense. Lynch has Plaintiff and their counsel in a corner and I do not see them being able to get out of it that easy. In fact unless the Judge takes mercy on the Plaintiff counsel they are in for a rough ride as this progresses.
I would be of the thought that Vandermay could be in line for a bar complaint with her actions in the case. The failure to communicate with Lynch in response to letter and email sent concerning the matters the Defense want to have discovery on and the dates of service, I believe would be actionable in a bar complaint for non compliance with rules governing conduct of a lawyer via state bar and ABA rules of conduct.
Vandermay also has a duty as an officer of the court to notify defendant counsel and the Judge of and ethical issues she encounters in her duties during the case with regards to her client, and any evidence put forth in the case in regards to affidavits, declarations, evidence, witnesses and to notify the court swiftly.
The Judge I believe is going to see the fact that Vandermay pushed for discovery of defendant Lamberson computer while stone walling and not abiding by the discovery/deposition schedule that was scheduled with the court by both the plaintiff and defense counsels and then cancelling those schedule dates by saying that those who were to be disposed at the discovery hearing “could not make it ” is not going to sit well with Judge considering that all parties were aware of the fact that discovery was to take place at that time and date.
The fact that those discovery dates were cancelled by a lawyer for plaintiff who had not been associated with the case is going to have the Judge look at Vandermay and ELF-MAN and wanting to know why this occurred so late in the case when the time and dated were known well in advance and why they are now delaying the defendant counsel the opportunity to depose them so far into the case and how this new lawyer for Plaintiff came to be involved ( btw… does anyone know if Plaintiff’s new counsel David Lowe has asked the court to be entered and allowed to be on the record as plaintiffs new counsel and if Judge allowed it ?
In reading Lynch’s submissions to the court, Lynch brings up the fact that attorney Carl Crowell contacted him to let him know that Vandermay would be asking the court to allow her to get out of the case. Lynch in the conversation about the case tells Crowell about the questions he is looking for answers that Vandermay was to provide but has not done as of yet. Crowell in the conversation tells Lynch he will try and provide them and they end their conversation.
Lynch mentions in his filing with the court that Crowell had not provided the answers to Lynch and they have not spoken since. That to me raises the red flag in my opinion that Crowell may have looked at what has transpired and the actions so far in the case and decided to not insert himself into the case as their could be some serious repercussions that could apply for the plaintiff and said counsel for the plaintiff.
The fact that David Lowe has now come about and has asked the court to let ELF-Man dismiss the case and to do so the Plaintiff is not liable for any costs by the courts is a very telling tale. I do not see the Judge hearing the case allowing Lowe’s motion of dismissal to be granted. There would have to be hell of a reason for the Judge to allow ELF-MAN to dismiss this case, and from what I have read in the Plaintiffs motion there is NOTHING compelling to allow that to occur this far into the case.
While I do agree with assertion that Lamberson could walk away with a tidy some of cash here, I believe we are not at that point as of yet. Lynch and Lamberson has the hammer in their end of the court. The Judge that is hearing this case is not going to be impressed with the games that the Plaintiff and Plaintiff counsel has been playing in his/her courtroom and the tactics that have been played by plaintiff’s counsel.
If the Judge dismisses the case it would honestly be a travesty of epic proportions in law and of the rules of court and to the defendant who has been dragged in the mud when this all started. While the Plaintiff has rights, so does the defendant and to allow the case to be dismissed would trample all over the rights of the defendant to a fair and just conclusion to the action brought against him at no will of his own and in a case that should have never been files in the first place with a dubious copyright and entities that had no standing in my opinion to file this action in the first place.
The fact that this case was initiated by the Plaintiff and Vandermay means they chose to do so knowingly. ELF-MAN had a duty to make sure the representations and evidence supplied by the monitoring firm and that their work’s copyright was valid and fit the definitions required by law to used to litigate the case. .Vandermay in my opinion has a duty as a Lawyer and as an officer of the court to verify before bringing this case forward and filing it to make sure that she verifies all of Plaintiffs documents, evidence, affidavits, certificates, works, copyrights, methods of investigation, entities are in good standing and chain of evidence,as well as thrid party submissions and actions are within the boundaries to fit the requirements to file a case such as this and that are lawful.
I see a failure of many of the aforementioned items Listed above in this litigation in my opinion. The only way the Judge allows a dismissal in this case is if the Plaintiff writes one hell of a big cheque to Lamberson for dragging him into this mess of case in the first place, that’s the only way I see this situation resolving itself.
I do see the trolls not in this case but in other active case applying some pressure to people on Plaintiffs side to negotiate with Lynch to get Lamberson to take an agreement to dismiss with a confidential settlement involving cash to walk away. This case and its results if taken all the way by Lamberson and Lynch could have some scary repercussions for the folks on Plaintiffs side and Vandemay but for the troll lawsuit game as well. If this litigation goes to the end by the defendant and counsel the trolls would not come out unscathed in a Judges ruling at the end.
This could have a very serious rebound effect on other troll cases like this that are being heard or have been filed in various courts. The last thing the trolls would want is another Judge Wright like ruling that could further hurt the game of cash settlement troll lawsuit generation and remuneration.
The trolls are in trouble on many front and the Prenda case and others like this one are going to deal a serious blow to them and be brought up in more and more cases. Judge Wrights ruling is still effecting Prenda long after it came down.. This case as well as a few other could have some detrimental rulings as well that could shake the troll litigation to its core
On the post: Copyright Troll Malibu Media Tells Court That Its Critics (And Opposing Lawyer) Are Part Of A Psychopathic Hate Group
It must be tough on Lipsomb and Schultz to hear the tales of woe from Collette and Brigham and how they struggle to get by while facing the financial pressures of piracy. I can only imagine how thoroughly embarrassed Colette and Brigham must be to have to live in a $16 million dollar mansion while their neighbors cruelly mock them for being indigent.
I can only envision poor Collette sitting on her genuine chin chilla thow rug in the great room, tears streaming down her face while she clutches the new budget in her hand that their CPA gave them touting the cuts they will need to make due to the piracy of their videos. Long gone will be the days of when they have a personal chef and butler and will have to struggle with maid service only every other day.
No more $450 dollar bottles of wine, it will now have to be $400 bottles of wine, poor Collette trying to be brave while feeling nauseated from taste of that revolting $ 400 dollar swill Brigham clutching her closely and patting her on the back and quietly telling her that they need to be strong and this is what the Pirates and Internet Hate Groups want.
I usually never throw around the word Heroes loosely, but that what these purveyors of the only the finest smut that $9.99 a month can buy are. Heroes. I am sure right now that their fellow smut peddlers are still counting all the change they collect as they passed the hat at the AVN convention after a stirring speech about how the Field’s valiant struggle has left them desperately clinging to exist as they struggle financially.
On the post: Copyright Troll Malibu Media Tells Court That Its Critics (And Opposing Lawyer) Are Part Of A Psychopathic Hate Group
The fact that they made mention of this in the filing for a protective order may indicate that the county was/is investigating it and that may have rubbed Collette and Brigham the wrong way. You will have to excuse me if I am unsympathetic to them, play by the county’s film development permit rules and apply for your permit and they have no need to worry, it’s as simple as that.
As for using their home to shoot porn scene’s at, well that is true and can be seen in X-Art videos. So they have already done this, and if they did so without the proper permits and in violation of county zoning rules, well they only have themselves to blame. If your going to post pictures to your twitter account stating that your ”getting ready to shoot” and the view is from your house, then your a victim of your own making. Dont blame anyone else for rules you choose not to abide by.
I find asking for a protective order to be more a bid of desperation in my opinion. This would seem more of an attempt to keep any more information about X-Art / Malibu / Lipscomb / The Fields / Local Trolls / IPP/Guardaley/Excipio that has been discovered thru other court filings, thru other cases in other countries and in X-Art / Malibu filings and in other cases where Guardaley has been active and those associated with it’s entities.
I would suffice to say that Pietz own investigation when checking into IPP/Guaradaley/Excipio has put forth some interesting results that the plaintiff would like to keep out of the eye of those that are following these copyright troll litigation cases not only with Malibu, but Voltage Pictures and others as well.
I would hazard to guess that Pietz’ and Ranallo’s work in the Prenda case and ability to follow a a trail where many have thought there was nothing to see has the Troll’s a tad worried. In my view of this and other Malibu cases I think they ought to be concerned. If Malibu cases and IPP software is so infallable why are they so worried about bring the german whiz’s to testify, why do they routinely fight when IPP methods are questioned..
In Schultz filing she stated that Malibu had a “oral and written contract” with IPP Uh, say what? Weren’t they saying not long ago that the agreement with IPP was oral only? Did it suddenly become written one when it was leaked by one of their own troll lawyers in a filing that stated it was an oral only agreement” and now all of a sudden it is written. I am sure a Judge wont find that odd at all.
While I doubt that any Plaintiff in a copyright infringement case wants the public to know of it’s method and tactics, I believe Lipscomb / Malibu ought to get with realization that copyright litigation cases started to be followed long ago by both defendant attorney, the public , the internet community and countless others.
You can go all the way back to Napster and the Tennebaum case to see that the media and general pulic as well as other groups and society have been following these types of cases and reporting on them long before Malibu / Lipscomb have been around, so get over yourself Keith.
The fact that FCT & DTD put the information about what is going on in these cases to the public is informational. No one is advocating anyone harm physically and if someone has please dont paint us all with that brush, some people act out but not all.
While I dont know Collette and Brigham, I wouldnt really want to frankly, as their chosen profession is not something I would find suitable to myself. The Field’s have chosen their profession and are proud of it, so be it. I dont agree with their choice but they are with it and that’s all and well.
While I understand their concern for piracy of their material, I do not agree with the methods they have taken to” stop” piracy of their works, in my opinion this isn’t about eradication, education or education about stopping piracy and how it effects them, this more about revenue generation.e
I do find the irony in this filing about Lipscomb/ IPP and the Fields complaint about their violation of privacy, when they choose to violate the privacy of some poor soul who’s internet IP address might come up in IPP honeypot. in regards to copyright infringement and who is then sent a letter stating they should settle for some untold amount to to avoid the risk of being named in federal court lawsuit for downloading a porn movie without any clear evidence of actual infringement in my opinion.
So to whine about this in a filing when you purposely put yourself into the spotlight and how your privacy is at risk is laughable, sorry folks you put yourself into the limelight, dont be all shy when you find the glare of it gets to be too much
On the post: Courtroom Staff, Freaked Out By FBI Agents, Failed To Record Important Terrorism Court Hearing
On the post: Prenda Tries To Weasel Out Of Case It Just Lost At The Appeals Court
The fact that Judge Beryl A. Howell initial order allowing Prenda to proceed to victimize a thousand internet subscribers was a travesty to begin with.
Judge Beryl A. Howell was a former RIAA Lobbyist who when hearing this case couldn't separate her past beliefs to make a order that was fair and impartial and based in law and not her personally beliefs which was contrary to the oath she took as a judge.
Steele, Hansmeier and Duffy are trying to weasel out of this case before they get saddled with costs. The Only way they get out of this is if Judge Beryl A. Howell allows them to do it.
If that happens it will be a sign that Judge Beryl A. Howell still can not separate her former profession from the position she holds as a Judge.
On the post: Vodafone Reveals Government Agencies Have Direct Access To Its Network Around The World, No Warrants Required
I sense customers will be fleeing their service with Vodafone once they hear that Governments are given an all access pass to their network.
Makes me wonder what other Telco's are doing this.
On the post: Verizon Sends Netflix A Cease & Desist, Saying It Can't Blame Verizon For Clogged Networks
On the post: District Court Judge Orders Last-Minute Sealing Of Documents Related To Stingray Devices And Cell Tower Data Dumps
It is amazing how far the U.S. Government will go to keep it's methods and tools of how it breaks laws and violates it's own citizen's rights and protections that they are afforded under the constitution with nary a second thought.
On the post: International Men Of Mystery: How Discredited German 'Anti-Piracy' Company May Secretly Be Behind Malibu Media's Copyright Trollery
Re:
I highly doubt that a Judge who granted an order for the ISP subscriber information to the Plaintiff’s attorney knows that this information is being turned over to a third part in another country that has provided evidence in the case at hand and is a witness in the very same case and that it was Plaintiff’s law firm that turned the information over. This fact should be making a Judge’s head spin and bring forth a little wrath in my opinion.
I would have to believe that the Judge would have an issue with the fact that all those ISP’s subscriber’s information that was gathered from the order issued to the ISP’s by the court was turned over to a 3rd party in another country without the courts knowledge and was being retained by that same 3rd party for future use.
Not only is that a violation of privacy laws IMHO but I would have to be of the belief that was way beyond the scope of the order the Judge issued. In essence you would have to assume the Judge would have been under the impression it was the law firm who would be dealing with the ISP subscriber information gleaned from the the courts order and the lawyer’s law firm would be going over that ISP subscriber information to see who infringed what work and in notifying the said ISP subscriber that their IP address was downloading a copy of their clients work in violation of copyright law.
The Excipio handbook states that they will disseminate the ISP subscriber information and see who to sue and not to sue and drafting of settlement letters and dealing with the alleged infringers in regards to settlements. Once again if this doesn’t raise a brow with a Judge I would be surprised.
As far as Lipscomb’s claim that the oral fee contingency argument isn’t their fault, I give that some serious side eye. They have a duty as a lawyer and as an officer of the court to submit documents they know are true and of fact and are pertinent to the case at hand and it is also their duty as an officer of the court to bring forthwith any concerns with their clients case where there is any affidavits, evidence and witnesses whose information may have been in conflict with the rules of court and standards of the ABA that counsel is governed by.
In recent light of the the appellate courts decision which I see as a rebuke of the order handed down by Judge Beryl A. Howell ( and we all know what a travesty that was ) I seriously hope that it will shine more of a light of scrutiny on these copyright troll lawsuits which are nothing more than a cash grab in my opinion.
If Lipscomb and Malibu aren’t worried about the coming storm, then they seriously misguided. Pietz and the other defense counsels fighting Mailbu and other trolls are certainly not going to just take the trolls at their word that the IPP/Guardley/Excipio is all well and good and there is nothing to see here and they should just move along.
The Trolls are finding out what formidable defendants and their counsel can do in these case. John Steele thought he and Paul Hansmeier were too smart to have their litigation machine shut down, and look what happened to them. Even when Steele and Hansmeier have tried other forms to achieve settlement cash they have had the bright light shone upon them. Hell I am not even sure they could chase ambulances without someone fact checking anything they file concerning a lawsuit.
We may just be witness to another copyright trolls litigation come to a much earlier death than planned and sooner than than the troll imagined.
On the post: International Men Of Mystery: How Discredited German 'Anti-Piracy' Company May Secretly Be Behind Malibu Media's Copyright Trollery
Malibu and Lipscomb say that the “oral contingency” agreement only paid a fee for the information. If this is the case why did they race to terminate the “oral contingency” so quickly once it became known, seems a little odd doesn’t it?
Color me a tad skeptical here, but has anyone known a lawyer to not have documents drawn up and signed by all parties in regards to transactions between a client and an entity it is doing business with? I have never seen a lawyer stand up and say “no need to get a written agreement signed spelling out payment and what the terms are and when the funds are due” “a simple handshake will suffice even though your both in different countries”. Yeah right.
Sorry but that should raise the red flag to a judge that has heard or is hearing a Malibu case. One thing every Lawyer is taught is everything needs to be in writing when dealing with clients and those they do business with as their legal representative. What law firm would launch a suit without seeing any signed agreements that covers their ass. None.
The mere fact that this “oral contingency” was terminated when it became known was a huge flag for the defense and it should be for the Judge as well.
The Judge should be demanding that IPP/Guardley bring forth a senior company official and Malibu bring a senior principal to court to tell the Judge why this agreement was changed mid stream in the middle of a lawsuit brought forth with evidence provided by IPP/Guardley to initiate this lawsuit and why Malibu, the Plaintiff attorney and IPP/Guardley and it’s evidence shouldn’t be allowed and all three of the aforementioned parties shouldn’t be sanctioned. Lipscomb/Malibu can not use the Sgt. Schultz defense and say ” I see nothing, I hear nothing”
I won’t even begin how Malibu who loves to say “we will bring anyone to court to testify in these cases to prove our findings and testify to the alleged infringement of a copyrighted work” but yet seems loathe to do that very thing.
The fact that the Excipio hand book seem to lay out how these cases are presented and who to go after was very telling and one looks at these and other troll cases and the similarities to how the litigation starts and how it flows is quite similar to how the litigation is taking place .
The one thing I found troubling with the Excipio handbook, is that they lay out how these cases start, what documents to file with the court, how settlement letters are to be written, how to deal with those that fight the lawsuit and how to handle the defense lawyers. That to me screams of collusion ( my opinion) between the Plaintiff and the witness and the plaintiff’s attorney. If this happened in a criminal case you would be up you know where without a paddle
In my opinion you have the monitoring firm playing witness, playing law firm, and playing detective submitting evidence and affidavits in the course to get the legal action and directing it as it goes. There is a whole lot wrong with that in my opinion and the poor ISP subscriber is going up against what I would term is a stacked deck.
A Judge would have to be willfully blind to not get a sense that there is some serious issues’s with these cases and and to ignore them would be a travesty not only to the defendant but to the court and the rule of law itself.
On the post: US Marshals Step In To Keep Florida Police Department's Stingray Documents Out Of The Hands Of The ACLU
The lengths that the Obama government will go to make sure none of their technology that is used to spy on Americans is astounding.
The U.S. government is stacking the deck and using technology against it's own citizen and is relentless in the pursuit to keep it's citizens in the dark with regards to it's use and who and how it is deployed.
Gone are the days when you could trust your government
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