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Plaintiff’s Response to August 24, 2011 Order
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CV 10-04472 BZ
Ira M. Siegel, Cal. State Bar No. 78142email address: irasiegel@earthlink.netLAW OFFICES OF IRA M. SIEGEL433 N. Camden Drive, Suite 970Beverly Hills, California 90210-4426Tel: 310-435-7656Fax: 310-657-2187Attorney for On The Cheap, LLC DBA Tru Filth, LLC
UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF CALIFORNIASAN FRANCISCO DIVISION
On The Cheap, LLC DBA Tru Filth, LLC, aCalifornia corporation,Plaintiff,v.DOES 1-5011,Defendants.CASE NO. CV 10-04472 BZ
PLAINTIFF’S RESPONSE TOAUGUST 24, 2011 ORDER (Doc. #57)JUDGE: BERNARD ZIMMERMAN,
United States Magistrate Judge
Date:
August 24, 2011
Time:
10:00 a.m.
Courtroom:
C–15th Floor Plaintiff hereby responds to the Court's August 24, 2011 Order (Doc. #57) issuedsubsequent to the hearing held on August 24, 2011.Following close on the heels of the hearing held on August 24, 2011, the followingappeared essentially anonymously on the web page <
fightcopyrighttrolls.com
>, which itself is anessentially anonymously-registered domain name (see the record, attached hereto as Exhibit J,from the "whois" search found here (with hyphens or dashes being part of the URL):
http://www.internetbs.net/en/domain-name-registrations/controller.html?action=WhoisAction&event=showWhoisHTML&domain=fightcopyrighttrolls.com&securityKey=14986&goToMyAccount=Next
)
Case3:10-cv-04472-BZ Document59 Filed09/01/11 Page1 of 16
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Plaintiff’s Response to August 24, 2011 Order
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CV 10-04472 BZ
The Court is asked to not assume the gender of the poster despite the pseudonym used.From the following image at this web page <
http://www.scribd.com/SophisticatedJaneDoe/info
>,we see that someone using the same moniker, and perhaps the same person as a the above poster,is a self-admitted potential defendant in an unrelated copyright infringement case who wants tosee roadblocks in the way of copyright enforcement.The Court is asked to note the terms published with reference to counsel by thisanonymous poster:"Troll""he extorted""most sinister""He participates in setting up shameless honeypot schemes"
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Plaintiff’s Response to August 24, 2011 Order
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CV 10-04472 BZ
The Court obviously could itself characterize these statements and determine that at leasttwo of them are tortious in nature. This is brought to the Court's attention because it further illustrates that with which we are dealing: people pirating copyrighted works and otherwiseengaging in tortious activity behind what they hope is the shield of anonymous IP addresses andthe hurdles and expenses to which a copyright owner must go to uncover their identities.The Court is already aware of comments regarding copyright piracy made by VicePresident Joe Biden and former U.S. Senator Chris Dodd. These comments are confirmed by20th Century Fox Filmed Entertainment chairman Jim Gianopulos in a June, 2011 interview withThe Hollywood Reporter that can be found here:
http://www.hollywoodreporter.com/news/fox-filmed-entertainments-jim-gianopulos-197096
The Hollywood Reporter reported that Mr. Gianopulos said that biggest issue the global filmindustry faces is theft, and further (emphasis added),"It’s very difficult to have a properly organized market when you'remaking things that cost you money and
other people are taking it forfree
."Obviously, if copyright piracy makes things difficult for a large studio such as 20thCentury Fox, small independent studios such as Plaintiff are even more grievously afflicted bycopyright piracy.During the hearing, the Court accidentally referred to potential defendants as "victims."Obviously, the victim here is Plaintiff, who has had its copyright infringed by thousands of defendants taking an illegal advantage of capabilities provided by BitTorrent technology, at leastsome of whom believe they have the "right to be free of the tyranny of paying for entertainmentthat was created by others."Plaintiff urges this Court to NOT judge this case by what so far appears to be therelatively few, if any, potentially EXCEPTIONAL situations. And, Plaintiff notes, these fewcases may be exceptional only if the whole truth has actually been told by the few purported potential defendants that have, in their obvious self interest, submitted statements, sometimesanonymously and sometimes not even under penalty of perjury.
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