Tags
BitTorrent, Civil Conspiracy, Contributory Infringement, Copyright Infringement, CP Productions v. John Doe, Debra McVicker Lynch, Jane Magnus-Stinson, Litigation Update
Just weeks after getting its own keyword advertising case, Indiana now has its very own BitTorrent download case. The Plaintiff, CP Productions, is an Arizona-based adult entertainment company and the file allegedly downloaded is “GH Hustlers – Maryjane’s Second Visit.” The Defendant, currently unidentified, is described as a “serial infringer of copyrights in adult content.” 
Besides a copyright claim, the Plaintiff also makes claims of Civil Conspiracy and Contributory Infringement and provides a list of 448 IP addresses alleged to have participated in a BitTorrent swarm with the named Defendant. If you’re a BitTorrent user, you’ll want to check the list (see Exhibit A below) and see if your IP address appears. If so, you could soon be a part of this lawsuit. That doesn’t mean it’s time to worry but you will want to begin to educate yourself on the case.
I’ll be following this lawsuit closely and will provide updates as it proceeds. If you’re interested in reading more now, check out DieTrollDie, an informative blog discussing this type of download case. Similar cases are going on all over the country with mixed results. Judge Magnus-Stinson is a no-nonsense judge, so it will be interesting to see whether this case can find any traction in her courtroom.
CP Productions, Inc. v. John Doe
Court Case Number: 1:12-cv-00808-JMS-DML
File Date: Tuesday, June 12, 2012
Plaintiff: CP Productions, Inc.
Plaintiff Counsel: Matthew Edward Dumas of Hostetter & O’Hara
Defendant: John Doe
Cause: Copyright Infringement, Civil Conspiracy, Contributory Infringement
Court: Southern District of Indiana
Judge: Judge Jane Magnus-Stinson
Referred To: Magistrate Judge Debra McVicker Lynch
Complaint:
Exhibit A – IP Addresses of “Civil Conspirators”
Indiana Intellectual Property Blog 
I will be following this case as well and I comment on both http://dietrolldie.com and on http://fightcopyrighttrolls.com. Great post BTW with the insight about Judge Stinson, I think Troll Dumas has bitten off more than he can chew with this one.
Rual
I wonder if its brave or stupid to ask for statutory damages on something precluded by law from getting anything more than actual damages. Of course that fact has often been overlooked when sending letters to potential Does, they do enjoy talking about winning $150,000… makes the few thousand they seek seem reasonable.
Indiana also has a damages cap.
Copyright Law is Federal, bypassing any state limits.
Statutory damages can reach $150,000, but there are a series of things you have to do with your film to reach that level.
The fact they appear to be deficient in filing for a copyright could limit them to “actual damages”. Which means they would have to prove 1 download = 1 lost sale and they could get the current market price.
Of course a court will never take that part of the case up, these are troll fishing trips to get the names and contact information for people who pay for an internet connection.
They might not even be the infringer or aware their connection was used for infringement.
They will get a letter talking about how they might be on the hook for $150,000 and their nifty settlement offer is less than hiring a lawyer to represent you would cost… just pay us and it all goes away.
You have a nice reputation it would be a shame for your name to be associated with this vile pornography which will happen when we file suit against you.
Well my ISP just informed me they will be forwarding my contact information to the plaintiff’s attorney in 10 days as they have mailed me a photocopied subpoena they received. My ISP says I have until the 23rd to provide legal documents to delay or terminate the process. Would anyone have a suggestion? Thank you in advance. Router breach has been remedied.
I am caught up in the same case, and was a bit worried at first. I have read in several places now that this person did not register their copyright until May, and probably didnt even apply for a copyright until March. I have asked quite a few lawyers if this has any bearing on the case, and they have all said this would severely limit their damages. I am curious if we John and Jane Does could band together and hire an attorney to fight these guys as one. $500 a piece x 50 to 100 people could be enough to entice a like minded attorney to take this case on and crush this troll. I’d even be willing to pay to have an attorney file a “Friend of the Court” brief, detailing the latest cases that have been thrown out in NY and IL, as well as all of the weaknesses in this case. Its almost like using the troll business model against them.
Any interest?
I just received a demand letter referencing a completely different case (and download content) that has since been dismissed. My IP address is not associated with the dismissed case but it is associated with this case. It is rather unsettling they now have my IP address along with contact information and are trying to extort money from me regarding a dismissed case my IP address has no association with.
I assume the Judge has lifted the no-contact order associated with this case, as I received a demand letter in the mail yesterday. I guess its time to lawyer-up!
Read this and contact Bill Montgomery and let him know this is happening in Scottsdale.
http://montgomery2010.com/index.asp
http://blog.azpolicy.org/marriage-family/not-welcome-porn-industry-illegal-in-arizona/
It looks like the owners of the website are in Arizona. Read the links below. People should email Maricopa County Attorney Bill Montgomery and complain about the Extortion and the website! Here is his info.
http://blog.azpolicy.org/marriage-family/not-welcome-porn-industry-illegal-in-arizona/
http://www.examiner.com/article/maricopa-county-attorney-warns-calif-porn-industry-stay-out-or-go-to-prison
http://www.maricopacountyattorney.org/
Maricopa County Attorney’s Office
301 W. Jefferson, Suite 800
Phoenix, Arizona 85003
Phone: (602) 506-3411
Hi I receieved A Letter From Neustar stating my information was going to be released 8-26-12. i am in a different state and the ip address that was in my letter doesnt even match up to the one i have? what should i do from here just wait and see what happens or what show i do. My girlfriend nor i downloaded any such thing.
I did talk with a lawyer on this matter they never heard of such a thing. i showed them the letter and they advised me to contact my ISP to see if they knew anything about it and after that call the number on the paper to see if they want payment to see if it is a scam. they also said if it was the real thing it would have to be certified mail. so the first time i called my isp they said it was fake not to worry but call the number and see if they ask for money. so i did the individual on the phone was not paul duffy but his partner they told me it was a bittorrent swarm for mary jane that was the reason for the letter and stated it was legitimate and he did not know why my ISP told me it was fake but continued to asure me that is was real but on another note they are looking to settle out of court for $4,000. So i said i didnt do it nor do i know anything about it and hung up. I did research on Neustar and turns out they are in with my ISP. so i called back and got intouch with the security dept and talked with a guy he put me on hold and when he returned said it was correct and legitimate and i would have to contact and take it up with nuestar. Any help or advise is greatly appreciated the last week or so i have been so stressed and going out of my mind.