Saturday, February 13, 2016

Justice Scalia Found Dead In Room In Texas

It's a sad day for jurisprudence.  U.S. Supreme Court Justice Antonin Scalia was found dead this morning in his room at a Texas resort.  No foul play is suspected, and it appears he died of natural causes.

Justice Scalia was definitely known as having a strong voice for his opinions.  Not everyone liked those opinions, but you have to respect his commitment to them.  No one ever wondered where Scalia stood on an issue. 

I for one will miss his wit.

Thursday, February 11, 2016

Dallas Buyers Club: Court Orders Case to Move Forward

Lots has happened here in Seattle in the Dallas Buyers Club cases.  So here's the latest.  Judge Jones just handed down an omnibus order disposing of a ton of co-pending motions in the several DBC cases here.  Honestly, I couldn't even tell you what all the motions are, but there were many.  They included motions for contempt against people who did not appear for their "subscriber depositions"; motions for alternative service against people who DBC had yet not served; motions for more time to take more depositions; motions to reconsider the denial of subpoena power; motions to continue cases with "Doe" defendants.  I'm sure I missed some.  Bottom line: Lots of motions.

The order demonstrates that Judge Jones' patience is at its end.  He basically walked through the development of the cases and expressed some real concern that they just aren't progressing like one would expect from legitimate litigation.

The order is pasted below.  It is definitely worth a read.  Bottom line: DBC needs to either fish or cut bait.

Who knows what DBC will do.

Thursday, February 4, 2016

The Curious Case of Anthony Reale

This story is actually worth highlighting.  There have been several Dallas Buyers Club cases filed here in Seattle.  My last count is about 13 or 14. One of the things that the DBC folks like to suggest is that their "forensic software" is so advanced and accurate that it never makes any mistakes.  DBC files a declaration of someone named Daniel Macek in every case that goes on for 8 pages about how sophisticated the software is.

So against that background, consider the curious case of Anthony Reale.

One of DBC’s earliest cases filed here in Seattle started with ten “John Does.”  Pretty quickly after getting the names of those Does from their ISPs, DBC filed an amended complaint naming eight of them.  DBC included some exhibits with the FAC that had a table associating the names with their IP addresses.  One of the named individuals is Anthony Reale, associated with IP address 50.135.196.210.

When DBC filed its amended complaint, it included a lengthy listing of a bunch of movies that DBC says were all being shared by the respective defendants at about the same time as the Dallas Buyers Club movie.  There was one listing for each named defendant. DBC alleged that Mr. Reale was “observed” downloading the Dallas Buyers Club movie on or about June 14, 2014. 

If you look at those listings, sure enough you see tons of movies being downloaded with bittorrent.  In most cases, there is a listing that starts months before the Dallas Buyers Club movie shows up.  But still, the listings always include the Dallas Buyers Club movie in there somewhere.

Or do they?

When I started writing the brief that I mentioned in an earlier post, I started looking through the tables because I was very troubled by the fact that DBC was apparently monitoring all these people for months before the Dallas Buyers Club movie is apparently "observed" being shared.  I believe that is a pretty clear violation of the Federal Wiretap Act, and as soon as any case I have moves forward I want to make sure I have my evidence marshaled.

So as I was looking through those listings, I got to the listing for Mr. Anthony Reale.  The first thing I noticed is that DBC apparently started "observing" his IP address on October 31, 2013, which is about seven months before he is even alleged to have downloaded the Dallas Buyers Club movie.  That greatly concerned me.  Why was his bittorrent activity being monitored for seven months?  Who are these people who just record all the bittorrent activity for everyone regardless of what they are downloading?  That CAN'T be legal.

The second thing I noticed about Mr. Reale's listing is that I didn't find the Dallas Buyers Club movie may first pass through the list.  Not the second pass through it either.  Nor the third or fourth.  The text is really small so I did a "find" with the software and it didn't show up then.  So I actually printed the whole listing for Mr. Reale and painstakingly walked through each individual movie.

Guess what?  Mr. Reale didn't download the Buyers Club Movie.  At least not at any time during the ten months that DBC was "observing" him. 

This is troubling.  Very troubling.  DBC is so brazen in its litigation tactics that it will shamelessly name someone in a Federal lawsuit, throw in some massive table of downloads to try and make Mr. Reale look like the next Jimmy Hoffa or something, and in doing so admit that it doesn't have a shred of evidence that Mr. Reale did what he is being accused of.

And understand that this is just the first table like this I have even reviewed.  DBC hasn't filed any more like this to my knowledge here in Seattle.  But if you are aware of similar situations, please let me know.  I'm compiling these instances in order to support that Federal Wiretap Act claim I mentioned earlier.

If you want to take a look at the table and try to find the Dallas Buyers Club movie yourself, I pasted it in below.

Wednesday, February 3, 2016

Dallas Buyers Club: Amicus Brief re: Default Judgment

So we just filed the amicus brief on statutory damages awards that I mentioned earlier.  The brief is below.

If you're reading, you should pay particular attention to the "Curious Case of Anthony Reale."