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Old 11-07-12, 05:34   #1
The Enigma
 
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Default ...trolls attempt to extort a wrong person...

Copyright trolls attempt to extort a wrong person, invite a class action lawsuit

On 07/05/2012 Henry and Associates, PLLC, a lawfirm from Louisville, Kentucky, filed a class action lawsuit against five porno purveyors — well-known copyright trolls. The lawsuit is filed on behalf of Jennifer Barker, one of the victims who did not want to forgive an unprovoked assault by a copyright troll lawyer M. Keith Lipscomb. Lipscomb is one of the most cynical and productive trolls, whose “portfolio” comprises hundreds, if not thousands of trolling lawsuits. He is also one of the few trolls who abuse the Florida’s Pure Bill of Discovery to unjustly enrich himself and his crime partners.

This event was bound to happen. Two things never come together: greed and the art of quitting when it is not too late. All it takes to damage an extortionist’s “business” severely is to mess with a wrong person, and with every day, the likelihood of such an event increases. Fortunately, all the “wrong persons” to date have responded civilly, within the law. Nonetheless, the risk to mess with a wrong type of a “wrong person” is still there.

Those porn purveyors who resorted to suing their potential customers as an easy albeit unethical way to make money, have been terrorizing this country for too long, victimizing more than 250,000 people over the last couple of years. As we continue stressing every week, bittorent cases against alleged BitTorent downloaders, as they are being conducted, are nothing but extortion. And many judges agree. The systematic incompatibility between Internet and the Copyright Law as well as the social stigma attached to pornography — these are the two main instruments than make this scam a relatively easy undertaking: all kinds of opportunistic scum jumped on the wagon of this “business” — from now convicted criminal Kenneth Ford to an “elite super-lawyer” Marc Randazza. Trolls threaten to sue a person for an insane $150,000 allowed by the statute; they promise to drag his or her name through the dirt by calling families, neighbors and businesses to tell them the names of allegedly infringed “useful works,” specifically chosen to maximize damage: “Blumpkin Blowjobs,” “Teen Anal Sluts,” “Jeff cums in Colby’s mouth” etc. And all this is based on extremely unreliable “evidence.”

Until recently, we witnessed only a couple of counter-actions against trolls. In addition to few individual counter-suits, there is only a single class action lawsuit currently litigated by Dmitriy Shirokov/Booth Sweet against the “father of US copyright trolls,” lawfirm Dunlap, Grubb and Weaver.

Now we have another one.

Ken Henry is experienced in class action litigation, particularly in the Fair Debt Collection Practices Act law. It is not a big stretch to compare trolls’ actions with those of debt collectors, albeit the debt trolls try to collect does not exist in the first place, which makes it an actionable offence.

Jennifer Barker and Ken Henry allege six counts, starting with civil RICO act violation. The other allegations are fraud, defamation, intentional infliction of emotional distress, and unjust enrichment.

Five porn purveyors have been named as defendants; all of them are well-known serial public assailants:

Patrick Collins, Inc.
Malibu Media, LLC
Raw Films, Ltd
K-Beech, Inc.
Third Degree Films

Unfortunately, the real villains, a lawyer Keith Lipscomb and his gang (Steven Eisenberg, Deborah Baker and numerous local attorneys) are not explicitly named. I hope that they will be included later, and in the end, they will pay in full for all the damage they inflicted. I’m not a vindictive person, but I won’t try to suppress jolly sounds when trolls are driven out of business and bankrupt.


I had mentioned in a previous article about how these trolls worked. Florida is a special case because they have set up a law that helps make it easy to find out who by IP details. Increasingly, it appears Florida is setting up to become the copyright infringement specialists for trolls as the venue of choice. This is already done in trademark and patent cases in East Texas. Since a local address is required to do law business in the local court most have a mail drop at a single house, giving that one house the business address of roughly 1500 different businesses to have that local address.

You find that the slimy part of of this trolling business is to be a pain in the butt to all around you...even if you aren't guilty. You can't call and say, "I didn't do this". They are interested in nothing but the money and only the money makes them go away. Calling at work is just one of the little tricks they play to attempt to pressure the extortion. In almost every case the 'fee' is just less than it would take to fight it in court.

I would imagine that these trolls would be really really happy at this point to claim they made a mistake and drop the whole thing provided Miss Barker would drop her actions. The whole thing is to make money, not spend it. Class Actions cost big bucks and most major corporations that get hit with them, dread them. This will likely crater the porn trolls should the case attain Class Action as it will bankrupt the whole batch of them. I couldn't think of a better way to send a thank you for the hassle message.

Several judges have already ruled that IPs are not people. It appears this message would be delivered home in a Class Action in a way that can't be ignored, the way protestations of innocence are.

What is mentioned in another article but not this one is that Miss Barker has received phone calls at work about the debt from a collection agency and voice messages that other company co-workers can access. From that other article I quote this passage stated in the lawsuit...

Quote:
Originally Posted by Mike Masnick
From the lawsuit:

Ms. Hansen demanded that Ms. Barker pay money to settle the lawsuit or she would be identified publicly as having downloaded pornography and would be subject to hundreds of thousands of dollars as a judgment if the suit went forward because there were multiple downloads. Numerous individuals on the Internet report receiving a phone call from the same telephone number as that provided by Ms. Hansen to Ms. Barker with a demand that they pay money to settle a lawsuit against them.

Ms. Barker refused to pay any money because she did not know what BitTorrent was and had never downloaded any pornography from the Internet. On information and belief, many other members of the class have paid sums of money in settlement with the pornography purveyors even though they had never downloaded any pornography from the Internet, and certainly had never unlawfully downloaded any pornography from the Internet.

Subsequently, Ms. Hansen and others associated with her called Ms. Barker's place of employment and left messages on the voicemail to which several of Ms. Barker's co-workers also had access and continued to contact Ms. Barker on her personal telephone. Class members have been subjected to the same or similar treatment.
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Last edited by photostill; 11-07-12 at 05:48.
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