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US Copyright Group Attacks Defense 'money-making scheme'

Postby SlyckTom » Tue Nov 23, 2010 2:05 pm

The US Copyright Group case involving Voltage Pictures (The Hurt Locker) vs Does 1-5,000, it appears the barrage of motions to quash and motions to dismiss are getting to the US Copyright Group - at least financially. In a motion filed on November 22nd, the USCG is looking to have all future motions to quash and dismiss summarily denied by the court, and to have lawyer Graham Syfert sanctioned for providing a streamlined form, allowing John and Jane Does to filed motions to quash/dismiss easily and without the need for legal counsel.

Much like the Far Cry case, the Judge's docket in this case is being inundated with motions to quash and dismiss from John and Jane Does looking to protect themselves from identification. Attorney Graham Syfert has developed a fillable form that numerous John and Jane Does have been using in an attempt to have their cases dismissed. Typically, the defendants using these forms are unable to afford an attorney, and opt for the $20 form instead. This onslaught of motions to dismiss is wearing on the USCG, who wants to see the court bring an end to this siege.

"Accordingly, Plaintiff requests that the motions and any similar future motions be denied in their entirety, without the need for Plaintiff to file any additional oppositions, and that the Doe Defendants and the attorney selling the form motions be sanctioned," the USCG wrote in their motion yesterday.

Of course, it would be very convenient for the USCG to not have to write an opposition to every motion to dismiss entered. According to the motion, it has cost the USCG $5,000 to respond to these Does - responses to motions they feel are without any merit whatsoever. Additionally, the USCG wants Mr. Syfert to foot the bill.

While it's true that the form that Mr. Syfert provides indeed takes a Gatling gun approach, such as claiming innocence due to using a WIFI connection, using a VPN, claiming no knowledge of infringement, multiple connections used by multiple people, and so on (most of which have been already denied in the Far Cry case), it does bring up the very important issue of jurisdiction. As you'll recall, last week in the Far Cry case, Judge Rosemary Collyer denied the USCG's motion for a 5 year extension to process the identities of the 4,000+ Does - and also ruled that only those the court has personal jurisdiction over could be sued. Perhaps most of the claims are frivolous as the USCG claims, but certainly not the most important one - jurisdiction.

Lastly, the USCG attacks the originator of the forms, requests sanctions against Mr. Syfert and the defendants - and to top it off, attacks him for his "money-making scheme". A curious charge since the current P2P litigation campaign in the US is designed to provide an additional revenue stream to copyright right holders.

"Attached as Exhibit 1 hereto is a true and correct copy of an email from Mr. Syfert, wherein he admits that his form motions are a money-making scheme. The Court should not tolerate such actions."

We'll find out soon whether the Judge in this case, Justice Ricardo M. Urbina, will agree whether jurisdictional issues are indeed frivolous enough to warrant a summary judgment against all future motions to quash/dismiss.


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Re: US Copyright Group Attacks Defense 'money-making scheme'

Postby titanium » Tue Nov 23, 2010 4:29 pm

The US Copyright Group is exposing themselves as huge hypocrites. :wank They start a "money-making scheme" of their own designed to use legalized extortion as a revenue stream by lumping unrelated defendants together(misjoinder). Now they're mad because the defendants are using the same tactics against them so they're trying to deny the defendants' right to due process.
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Re: US Copyright Group Attacks Defense 'money-making scheme'

Postby Toasty » Tue Nov 23, 2010 5:32 pm

The USCG gives us a good example of what happens when you let greed go to your head. You start projecting all of your own bad traits onto the innocents you're exploiting.
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Re: US Copyright Group Attacks Defense 'money-making scheme'

Postby georgegad » Tue Nov 23, 2010 7:46 pm

So he has basically taken the USCGs legal product and undercut them on price. Genius.
You can pay $500 to uscg for their legal bulsht, or you can pay $20 to this guy for his. Thats a no-brainer.

Funny as hell.

---------
Added: Thinking about it, i assume thats a text document he is selling. I am surprised anyone payed the $20 for it. Guess they couldnt find it available for download.
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Re: US Copyright Group Attacks Defense 'money-making scheme'

Postby Disturbed1 » Wed Nov 24, 2010 9:03 am

“After I put the forms up for sale, Jeff Weaver from Dunlap Grubb and Weaver gave me a call and threatened me with sanctions. This was back in September. He also purchased the form for $9.99 when it was on sale for a discount,” Syfert told TorrentFreak.

“He threatened me, and everyone who is using my forms.” According to Syfert, the anti-piracy lawyer (Weaver) threatened to double the settlement requests for those who were using his forms.

“Then he e-mails me a while later, advising me on the status of what he called my ‘clients’. They are not my clients, they are people who purchased forms. I do not provide assistance in filling any of these forms out,” Syfert explained.

Syfert then flipped out and sent a ‘tongue in cheek’ email to Weaver asking them to offer him a $200,000 per year job, or contact someone who actually gives a fuck. “Hire me or eat shit,” he ended his email. Not the gentlest way to make a point, but the calls and emails did stop.

That is, until two days ago.,,


http://torrentfreak.com/hurt-locker-sue-lawyer-who-helped-bittorrent-defendants-101124/

Edit if you must... but this is getting VERY interesting as USCG gradually goes down in flames. :popcorn:
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Re: US Copyright Group Attacks Defense 'money-making scheme'

Postby MrFredPFL » Wed Nov 24, 2010 12:59 pm

Disturbed1 wrote:Edit if you must...


huh?
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Re: US Copyright Group Attacks Defense 'money-making scheme'

Postby MythicalMe » Wed Nov 24, 2010 3:52 pm

georgegad wrote:---------
Added: Thinking about it, i assume thats a text document he is selling. I am surprised anyone payed the $20 for it. Guess they couldnt find it available for download.


Much of what an attorney does is done on paper. It is reasonable to charge for his services (want to guess what I paid for an uncontested divorce which was basically all pushing paper). I suspect that USCG's motion will be denied unless they agree not to prosecute those who do file.

Further, the court can hardly censure a lawyer for attempting make money from defendants. Doing that would upset the entire legal system.
Those who would trade liberty for security deserve neither.
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Re: US Copyright Group Attacks Defense 'money-making scheme'

Postby georgegad » Wed Nov 24, 2010 5:04 pm

MythicalMe wrote:Much of what an attorney does is done on paper. It is reasonable to charge for his services ...


If he were supplying a service, but he isnt. Like he said, he does not help them fill out the form and they are not his clients. All he is doing is selling them a pre-made document and i see no reasonable reason why it wouldnt be available for download somewhere.
It is reasonably new and uncommon so perhaps it has just not been uploaded yet.
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Re: US Copyright Group Attacks Defense 'money-making scheme'

Postby Slick50 » Wed Nov 24, 2010 5:28 pm

I would love to see that form available for download on the Pirate Bay!
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Re: US Copyright Group Attacks Defense 'money-making scheme'

Postby jokster » Thu Nov 25, 2010 4:48 am

these kind of guys really dont seem to like template letters (hello :wank andy!).
i suppose they are right really, i mean why should anyone be able to get a cheap affordable basic defence strategy when they could just roll over and pay the extortionate unsubstantiated fees and have done with it.
i dunno... kids these days
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Resistance is fertile
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Re: US Copyright Group Attacks Defense 'money-making scheme'

Postby Disturbed1 » Fri Nov 26, 2010 5:21 pm

I submitted this as a news story, but I'll post it here too since it's from a blog and I don't know if it will be accepted.

Class action lawsuit challenges Bittorent lawsuit factory’s business model
http://blog.internetcases.com/2010/11/25/class-action-lawsuit-challenges-bittorent-lawsuit-factorys-business-model/

Well this is interesting. One of the bittorrent copyright defendants who has been victimized targeted by the law firm of Dunlap, Grubb & Weaver, a/k/a the US Copyright Group, has filed a class action lawsuit against the law firm.


More headaches for US Copyright Group.

PDF available here...
http://www.internetcases.com/library/cases/2010-11-24-shirokov.pdf

MrFredPFL wrote:
Disturbed1 wrote:Edit if you must...


huh?


I was simply referring to some of Syfert's colorful language, though it was a direct quote. :)
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Re: US Copyright Group Attacks Defense 'money-making scheme'

Postby MrFredPFL » Fri Nov 26, 2010 6:11 pm

ah. we have no inherent objection to colorful language. :)
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