Author Archives: The Writer

Evasion of service caused an infringer $10,000

In Dallas Buyers Club, LLC v. Vladamir Ivashentsev [Case No.: 3: 15-cv-00220-AC], the Court found Vladamir Ivashentsev willfully infringed the copyrights of Dallas Buyers Club, LLC (“DBC”). Mr. Ivashentsev willfully attempted to evade service and refused to participate in court proceedings with notice. He was properly served by publication.

Also, the Court awarded statutory damages in the sum of $10,000 in favor of DBC. The award was intended to compensate DBC as well as to provide proper notice and deterrence to others.

Further, the Court enjoined Mr.  Ivashentsev from infringing DBC’s copyrights in the motion picture “Dallas Buyers Club”, including without limitation using the internet to reproduce, distribute or copy the movie. He was also directed to destroy all unauthorized copies of DBC’s motion pictures and to delete all software used to make or distribute those copies or exchange unlicensed content using the BitTorrent protocol. Similarly, he was enjoined from using BitTorrent or the Internet for the copying or downloading of unlicensed copyrighted content.

DBC was also awarded reasonable costs and fees pursuant to FRCP 54.

Internet sites – not a reliable source for legal advice

Killer Joe Nevada, LLC, copyright holder of the movie “Killer Joe”, subpoenaed Mr. Reston Eilers in an attempt to get information about potential copyright infringement taking place apparently at his residence. They tried to find out who is the infringing party, making sure that only the right people are haled into court.

 

However, despite receiving notices, Mr. Eilers had not responded or complied with them. Thus, the Court issued an order to show cause why he had not complied with the court’s prior order to appear for deposition. Mr. Eilers is not a lawyer and not familiar with legal proceedings.

 

During the show cause hearing, the Court admonished Mr. Eilers for ignoring legal process saying, “You’re telling me it’s because you didn’t think you had to comply because of this information you had been receiving off of the Internet. Bad information. Now you’re in a lot of trouble, okay, because you’ve been not complying.”

 

The Court added that ignoring notices because of some stuff found in the Internet is not an excuse for avoiding legal process.

 

The Court told Mr. Eilers, “What you should have done, from the beginning, is not go to the Internet and do the research and follow that advice; instead, you should have contacted Mr. Crowell when you got the papers with his letters saying “What’s going on? What do I need to do?” Right? Burying your head in the sand is not the appropriate response.”

 

Finally, the Court gave advice to Mr. Eilers to inform the others not to ignore legal process and not to rely on internet sites, saying, “It may not be worth it to them, but part of what I’m doing is sending a message to you and others that you know, okay, that you can’t ignore the legal process. And it is in your best interest at this point to get onto whatever Internet sites you’ve been looking at and tell people out there that they’re giving out the wrong information and if they ignore these lawsuits they also are going to get hit by the Court for costs and fees….”

 

This article is lifted from the case Killer Joe Nevada, LLC v. DOE-76.115.252.140, Case No. 6:15-cv-00494-ST

Reliance on the internet for legal advice caused subscriber legal troubles …

To address the issues of Internet piracy, Killer Joe Nevada LLC “Copyright Owner” filed an action to enforce its copyrights in the motion picture, “Killer Joe” against an unknown party (“infringer”) identified as Doe-76.115.252.140. Pursuant to a subpoena, the Internet Service Provider (“ISP”) identified Reston Eilers as the subscriber assigned to the ISP account associated with the infringing activity.

 

To ascertain whether the subscriber is an innocent third party and, if so, the identity of the infringer, copyright owner sent several letters to Mr. Eilers to elicit his cooperation. However, Mr. Eilers did not respond to any of these letters. Copyright owner then asked the Court to issue an FRCP 45 subpoena to compel Mr. Eilers’s assistance in its investigation. Because Mr. Eilers evaded service, he by was served by U.S. mail. Again, Mr. Eilers failed to respond. Thus, the copyright owner obtained a court order compelling his response. Served with the Order, a new subpoena, and a cover letter, Mr. Eilers again failed to respond or appear. Accordingly, the court issued a Show Cause Order to Mr. Eilers.

 

At the show cause hearing, Mr. Eilers assured the court that he is not the infringer who downloaded copyright owner’s motion picture. He asserted that there was no evidence before the court to indicate otherwise. However, the court said that the issue is not whether Mr. Eilers is the infringer, but his refusal to respond to a subpoena served on him by U.S. Mail, delivery thereof was confirmed, and his subsequent failure to comply with the court’s Order to respond to the copyright owner’s subpoena.

 

Mr. Eilers explained that his failure to respond was in reliance on an advice provided by various Internet web pages that oppose copyright owner’s actions or copyright enforcement. The Court said that any advice to ignore court orders or a subpoena, whether served in person or by mail, is incorrect and provides no legal excuse.

 

Therefore, the Court found Mr. Eilers in contempt of the Court’s Order and the copyright owner was awarded reasonable costs and fees.

 

Lifted from the case Killer Joe Nevada, LLC v. DOE-76.115.252.140

[Case No. 6:15-cv-00494-ST]