Search Slyck
Anonymous
Welcome
Latest on US Copyright Group vs The People
August 8, 2010
Today Slyck gives a rundown of the latest developments in the massive BitTorrent lawsuit campaign initiated by the US Copyright Group (USCG). There are three significant developments related to three distinct cases. We'll break up each case and discuss the latest happenings.In the Achte/Neunte case, otherwise known as the Far Cry lawsuits, one of the defendants who filed a motion to quash reached an agreement with the USCG. As you'll recall, the USCG at first opposed the defense's efforts to have the case dismissed, but after some negotiations the defense is now square with the house. From the USCG's motion:
"The parties hereby move to withdraw the motion to quash the subpoena served on Charter Communications, Inc. filed in the form of a May 18, 2010 letter to the court by counsel for one of the Doe Defendants (Hunter S. Freeman of the McNair Law Firm). [Doc. No. 35, pp. 1-2] Good cause exists to withdraw the motion, as the parties have reached an amicable resolution of this matter. This consented withdrawal does not affect the remainder of Doc. No. 35, which is a letter motion to quash the Charter subpoena filed by an anonymous Doe Defendant on or about May 18, 2010."
The key words in this motion are "amicable resolution". The motion filed in court on August 6th gives no mention to what that resolution was - did the defense prove it wasn't them or was a monetary arrangement made? Typically this type of information is confidential, however, if it becomes public we'll be sure to pass it your way.
Moving on to the Voltage Pictures case, also known as the Hurt Locker lawsuits, one of the John Doe defendants has filed a motion to dismiss the case against him. His name is Jeff Kowalski, and not only does the USCG want him off the case, it appears Mr. Kowalski is looking to bail out too. This circumstance is particularly interesting.
According to the court records, no individuals have been named yet in the Hurt Locker case. However, Mr. Kowalski managed to insert himself into the case by filing motions as a defendant. Although he never received a complaint, he feels he might become one. In one of several documents submitted by Mr. Kowalski, he states he isn’t contracted with any ISP, but downloads movies using open WIFI connections. He also states he could have downloaded the Plaintiff’s movies using the BitThief BitTorrent client – which permits downloading only. Why would anyone admit to such things or voluntarily insert themselves?
According to Mr. Kowalski’s website and Facebook page, he’s running for County Commissioner as a Republican in Saginaw, Michigan. The USCG is non-too-impressed. From their July 7th motion:
"Overall, it appears that Mr. Kowalski is attempting to improperly insert himself into this case to garner publicity for himself and his supposed own efforts to stop copyright infringement. This clearly shows that Mr. Kowalski has filed his pleadings for the improper purpose of making his position known to the public, not actually assert defenses and respond to the allegations. Therefore, the court should strike Mr. Kowalski’s pleadings and dismiss him from this case."
We’ve emailed Mr. Kowalski to see if we can get to the bottom of this peculiar case. Both sides are now looking to get the case dismissed – the difference being that Jeff wants it dismissed without prejudice, while the USCG group wants it dismissed with prejudice. We find that a bit strange Mr. Kowalski wants the case dismissed without prejudice, since that would means no more action can be brought against him. But perhaps he intended it that way just in case it turns out Mr. Kowalski’s name turns up in one of the 5,000 John Doe IP addresses, or he just wants to keep his hat in the ring.
Moving onto Maverick Entertainment, known for such stunning works like Army of the Dead, Border Town 2009, Buds for Life, Demons at the Door, Holy Hustler, and Smile Pretty (aka Nasty), is looking to get an extension on serving their complaints to the defendants in this case. Much like the Achte/Neunte, case, the USCG is looking for an extension since the subpoenas haven’t been served yet – thanks to the motions to quash from Time Warner. The USCG was granted an extension from Judge Collyer in Far Cry case, we expect the same will probably happen with this one as well.
Share
"Overall, it appears that Mr. Kowalski is attempting to improperly insert himself into this case to garner publicity for himself and his supposed own efforts to stop copyright infringement. This clearly shows that Mr. Kowalski has filed his pleadings for the improper purpose of making his position known to the public, not actually assert defenses and respond to the allegations. Therefore, the court should strike Mr. Kowalski’s pleadings and dismiss him from this case."
We’ve emailed Mr. Kowalski to see if we can get to the bottom of this peculiar case. Both sides are now looking to get the case dismissed – the difference being that Jeff wants it dismissed without prejudice, while the USCG group wants it dismissed with prejudice. We find that a bit strange Mr. Kowalski wants the case dismissed without prejudice, since that would means no more action can be brought against him. But perhaps he intended it that way just in case it turns out Mr. Kowalski’s name turns up in one of the 5,000 John Doe IP addresses, or he just wants to keep his hat in the ring.
Moving onto Maverick Entertainment, known for such stunning works like Army of the Dead, Border Town 2009, Buds for Life, Demons at the Door, Holy Hustler, and Smile Pretty (aka Nasty), is looking to get an extension on serving their complaints to the defendants in this case. Much like the Achte/Neunte, case, the USCG is looking for an extension since the subpoenas haven’t been served yet – thanks to the motions to quash from Time Warner. The USCG was granted an extension from Judge Collyer in Far Cry case, we expect the same will probably happen with this one as well.
Share
This story is filed in these Slyck News categories
You can discuss this article here - 2 replies
NewsDemon Newsgroups
$10.99 Unlimited Access, 256-Bit SSL, 1,200+ Days Retention, 99%+ Completion, Free Newsreader, Paypal Accepted.
www.NewsDemon.com
$10.99 Unlimited Access, 256-Bit SSL, 1,200+ Days Retention, 99%+ Completion, Free Newsreader, Paypal Accepted.
www.NewsDemon.com
© 2001-2012 Slyck.com