Received a Complaint from BWP Media USA

[JLorimer]

The document they sent me has a discovery date that is a number of months ago.  I'm going to go with this date since they chose to send it to me.  Looks like I'm almost 1/3 of the way through this fight already.

[Robert Krausankas (BuddhaPi)]

to err on the side of caution always use the date that is on the first letter..

[JLorimer]

I've been trying to follow up on some of the other BWP/Sanders cases.  Can anybody decipher what happened here - http://dockets.justia.com/docket/california/cacdce/2:2013cv04851/565945 ?  Do these documents basically indicate that they settled out of court?  There is more than a slight learning curve for me with all this legal reading.

[Robert Krausankas (BuddhaPi)]

I've been trying to follow up on some of the other BWP/Sanders cases.  Can anybody decipher what happened here - http://dockets.justia.com/docket/california/cacdce/2:2013cv04851/565945 ?  Do these documents basically indicate that they settled out of court?  There is more than a slight learning curve for me with all this legal reading.

Looks to me that BWP filed the case with the court but failed to serve the defendant with papers within the required time frame..could be that Goodreads Inc. avoided being served..or maybe BWP Media simply dropped the ball. Either way they were ordered within 20 days to basically explain, why they filed but failed to serve the opposing party..the case was closed on 12/5/13 as BWP waived their rights to continue.

NOTE: I'm not an attorney, but I did sleep at a Holiday Inn last night ; )

[JLorimer]

That's very interesting.  That's actually what I was hoping it meant but I went with settled outside of court because I wasn't sure.  I know this is one case out of hundreds now - so it is hardly a trend or indicator - but would you think it means they realize they don't have much in the way of an actual legal case in these matters?  My inclination is to think they played the scare tactic game all the way to court for as long as possible and then had to give up when they knew it would cost more than it was worth/they would lose.

[Robert Krausankas (BuddhaPi)]

That's very interesting.  That's actually what I was hoping it meant but I went with settled outside of court because I wasn't sure.  I know this is one case out of hundreds now - so it is hardly a trend or indicator - but would you think it means they realize they don't have much in the way of an actual legal case in these matters?  My inclination is to think they played the scare tactic game all the way to court for as long as possible and then had to give up when they knew it would cost more than it was worth/they would lose.

That's certainly a possibility, however thats not something they would want to do on a repeated basis, as it would become apparent, they are wasting the courts time. My feeling is that it also did not settle, I'm sure if they spent the cash to file, they would certainly make the defendant at least answer, and then maybe settle out of court. I have a feeling good reads just avoided being served. I could be wrong on this, it's just a hunch I have not based on anything.

[JLorimer]

I was reading about people who avoid being served yesterday as part of an unrelated incident.  It seemed that in the event a person avoided being served, there was a final option that allowed the person to be served without being directly served (sorry, I don't remember the exact terminology).  I would think Sanders would choose this option or else it could also send the message that if you are able to avoid being served long enough they will leave you alone.

[Robert Krausankas (BuddhaPi)]

I was reading about people who avoid being served yesterday as part of an unrelated incident.  It seemed that in the event a person avoided being served, there was a final option that allowed the person to be served without being directly served (sorry, I don't remember the exact terminology).  I would think Sanders would choose this option or else it could also send the message that if you are able to avoid being served long enough they will leave you alone.

If the company has a registered agent, they can be served that, it's exactly what Getty has done with the most recent outbreak of single image suits, it's much easier and cheaper to a registered agent if a company has one.. If not it's a bit more difficult..don't answer the door, make oneself scarce, go on an extended vacation...

[Lettered]

If I understood Oscar's post in another thread correctly, avoiding service can be a costly mistake, I think he addresses the type of service that JLorimer was alluding to as well ... unless I misinterpreted:

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/getty-files-3-new-lawsuits-over-single-images/msg17478/#msg17478

I was reading about people who avoid being served yesterday as part of an unrelated incident.  It seemed that in the event a person avoided being served, there was a final option that allowed the person to be served without being directly served (sorry, I don't remember the exact terminology).  I would think Sanders would choose this option or else it could also send the message that if you are able to avoid being served long enough they will leave you alone.

If the company has a registered agent, they can be served that, it's exactly what Getty has done with the most recent outbreak of single image suits, it's much easier and cheaper to a registered agent if a company has one.. If not it's a bit more difficult..don't answer the door, make oneself scarce, go on an extended vacation...

[JLorimer]

I have no desire to avoid should it come down to that.  I just find the whole process interesting and I'm trying to learn as much as I can.

[scraggy]

Excellent article here

Is BWP Media The New Photo Copyright Infringement Troll?

http://www.iptrademarkattorney.com/2013/08/attorney-copyright-troll-infringement-photo-agency-bwp-dmca-17-usc-512-safe-harbor.html

It seems that BWP has filed over 50 lawsuits. Far be it for me to advise this rather aggressive copyright troll, but copyright trolls make their money by threatening lawsuits, and scaring people into settling, or coercing them to settle because it makes economic sense ( cheaper than hiring to lawyer to defend you! )

The biggest mistake a copyright troll can make is to actually get to court, risk a loss or a low valued judgement, and then lose the element of fear.

The above article concludes with the words " Hopefully BWP's copyright strategy will soon replicate Righthaven's and Prenda Law's demise."

Yes, they may soon be in good company!

Filing 50 cases creates too much noise and backlash, and judges don't like it! Here is an example of one such case where it seems that they have no chance!

http://www.the-digital-reader.com/2013/07/15/goodreads-hit-with-infringement-lawsuit-over-photos-uploaded-by-users/#.UvT8v86geaI

Ian

[Robert Krausankas (BuddhaPi)]

Good finds Scraggy, these BS suits could also hurt Getty's chances of getting favorable results from their latest rash of suits as well...Once one judge somewhere, see's this as trolls trying to use the court system as a collection agency and wasting their time, it will hopefully go down the same road as Righthaven and Prenda.

[JLorimer]

Thanks, Scraggy.  I had read these articles early on when I first got my letter and forgotten about them. 

I checked out the list of registered DMCA agents and Goodreads is definitely registered.  It seems BWP has absolutely no case and should have known it from the start. 

How do you think this information plays into what I posted from this http://dockets.justia.com/docket/california/cacdce/2:2013cv04851/565945 the other day?

[scraggy]

Ha! A known Marot Images (Getty Images) tactic - sending a DRAFT LAWSUIT together with the initial settlement demand letter. This is a very intimidating tactic!

http://www.fairfaxunderground.com/forum/read/40/1260743.html

See the above link for the 17 pages received by a certain Cary Wiedemann, from the lawyer representing BWP Media USA - Sanders Law , PLLC

Ian

[JLorimer]

I'm actively following that case as well.  I've discussed a bit with some of the members there.  The thing that troubles me about that one is that Cary never responded to update on the progress of it, despite numerous requests.  I wish I could find out what had happened there, if anything.