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This article is merely meant to provide some free help on Malibu Media so that you can get straight to the answers instead of sorting through hundreds of articles on this website.

The answers will be short and to the point. Copyright Infringement. For a typical movie lawsuit, the actual damages would be the cost of a movie ticket, DVD rental, or the cost of the DVD itself.

Your Malibu Media, LLC lawsuit is most likely a copyright infringement civil lawsuit, which means that Malibu Media is suing you for money damages.

They do this so that if you ask for a settlement, they can multiply that settlement amount by the number of titles they claimed that you downloaded.

However, there is reason to believe that Malibu Media is not actually tracking the entire download, but merely a snippet of it, so their evidence may be lacking.

Yes, but this is not common. That way, the so-called injured party whether Malibu Media or the falsely accused internet account holder gets to have his fees paid to his attorney reimbursed by the other side.

The law gives Malibu Media the right to ask for attorney fees so that they could enforce the copyright rights against infringers without having to worry about spending all of their money in litigation for a problem they did not cause.

The law is lopsided, because copyright owners like Malibu Media, LLC generally have funds to sue, but those they sue do not have the money to defend themselves, so the defendants are often left helpless without anyone to fight their case.

The Malibu attorney filing the lawsuit is not doing so in order to protect the rights of the copyright holder, nor does that attorney have an intent to bring the lawsuit to trial except this one time that it actually happened.

This would be fair if the accused downloader were asked for the actual damages they caused the copyright holder e. Copyright infringement lawsuits against John Doe Defendants are filed because that Internet Subscriber or someone using or mimicking his IP address downloaded a movie using bittorrent.

Sometimes, the accused defendant will have used software not realizing that it uses bittorrent to acquire the adult videos in order to allow the internet user to view them.

When we are not accepting clients, we do refer and recommend attorneys to retain. For this reason, I am identifying two kinds of attorneys you should watch out for in case you and I end up not being able to speak.

These attorneys scale up and hire attorneys to answer phone calls, but instead of honestly evaluating the meritorious defenses of a would-be client, they scare, threaten, and apply high-pressure tactics to accused defendants manipulating them to settle the claims against them.

Knowing that Malibu Media, LLC runs their settlement operations from a location above-the-head of the local attorney who is filing the lawsuit, their settlement prices have become well known.

Defense attorneys have been known to offer their clients higher than normal settlement amounts in return for foregoing the need to actually participate in settlement negotiations.

I have had too many run-ins with these attorneys and their methods, and all I can say is that they are part of the problem, not the solution.

This is a horrible reality, but there is no quick money in the defense side of the lawsuits. These attorneys are sometimes masterful in their marketing, but their clients do not know that they are paying a premium for the settlements they pay to the copyright trolls.

I would happily volunteer for this position here in the Texas federal courts because it is very needed. Further, with the copyright laws and DMCA statutes as they are, there is no mechanism or method to force a copyright holder to consider the circumstances of a defendant, where even if that defendant is guilty, the copyright holder would agree to release that defendant from liability just because they cannot afford to mount a minimal defense.

To implement a defense, our firm does take cases at reduced rates and we even provide pro bono free representation for those who need our help as well, but comparing the number of calls I get with the number of clients I can take on, it is a daunting task.

I have literally thousands of people who our firm has helped this way. However, we do minimize our expenses as much as possible, and we do not bill multiple clients for the work done once on a case.

Similarly, once a settlement contract and terms is negotiated with a particular attorney for one client, there is no need to bill future clients for settlement negotiations unless there are specific goals or needs specific to a particular client, and then we would bill for the time it would take to accomplish those goals or needs.

Lastly, we have set up methods of allowing clients to spread out the cost of their attorney fees, sometimes over the course of six months.

We also do not charge clients for credit card fees or other miscellaneous expenses, because this is part of the cost of doing business. Schedule a phone appointment to speak to an attorney about your matter.

After scheduling your appointment online, you will be contacted by phone at the specified date and time by a Cashman Law Firm, PLLC attorney.

Think of this as if it is a bunch of people entering the same room, or the same chat room. In this room, you will download pieces of the movie from everyone else each participant shares pieces of the movie that they have acquired , and you will share pieces of the movie that you have already downloaded with everyone else in the room who has not yet acquired that piece of the movie.

By everyone working together sharing whatever pieces of the file one has , every person is able to quickly share copies of the movie with everyone else in the room.

The bittorrent swarm itself is a fiction — it is an interconnected set of networked computers which join together to facilitate the transfer of a file in this case, the X-Art porn videos.

This is usually the copyright holder, Guardaley, or some forensics company or set of servers hired to record the activities in a particular bittorrent swarm.

Yes, and this is something that the copyright holders need to pay attention to, or else the ISP will have no way to identify you as being the one who had that particular IP address assigned to them when the download allegedly took place.

This used to be only 6 month as an industry standard when we started the law firm in , it was 6 months , but I have been seeing ISPs keep records of their IP addresses for 12 months, and more recently, Congress was trying to push them to keep records for 18 months.

Your ISP will not purge your IP address records if they learn that there is a possible lawsuit which requires those records. It goes without saying that they will be available for trial, if your case ever goes in that direction.

If the actual downloader is not the account holder, the plaintiff attorneys learn who actually did the download, and they name and serve that new individual to be a defendant in the lawsuit in lieu of the account holder.

Yes, you are. Do not do anything to compromise that anonymity, as this can be your golden ticket to having an attorney negotiate down the settlement amounts they are claiming from you.

Plus, as I have mentioned before, their website is likely armed with scripts and trackers likely both legal and illegal, traceable and untraceable , so it is better to have your attorney me, or anyone else who knows about their tricks, barbs, and traps navigate that lawsuit for you and speak to their attorneys for you.

We know how not to admit guilt. You might too, but this is what we do, so trust our expertise in this area.

It goes without saying that if you ignore the DMCA notice, the copyright holder still can direct his attorney to file a copyright infringement lawsuit against you.

In that lawsuit, he would have the judge authorize a subpoena to be sent to your ISP forcing them to reveal your identity. The plaintiff attorneys have three 3 years from the alleged date of infringement minus the time the ISP keeps IP address records according to their IP address retention policy to file the lawsuit against you.

From there, we would normally determine 1 whether to settle or fight the case based on the merits of the lawsuit many of my clients simply do not do the download , or 2 whether to negotiate down from there.

Malibu Media, LLC settlements, with some tweaking of the settlement agreement during the settlement negotiations can be an anonymous settlement.

Because we are willing to fight each case on the merits remember, Malibu Media lawsuits are based on Guardaley tracking methods, which are faulty , we do have leverage to negotiate the settlements down to something significantly more reasonable.

Up front, I do not encourage settlements nor do I push them on clients especially if they did not do the download , but settlement negotiations are a good tool to consider when deciding whether to proceed with defending the case in court, or whether offering a settlement can minimize the costs to accused defendants.

They usually choose a figurehead , or a law firm to manage and coordinate all of the attorneys filing lawsuits on their behalf across the US.

I have analyzed the numbers and it is unclear whether the Malibu Media, LLC lawsuits were profitable for Lipscomb , or whether he is yet one more copyright troll attorney who has cheated his copyright troll client.

Those that file sporadically have been dropped from the list. Doe campaign profitable? To set up a free consultation to speak to an attorney about your Malibu Media, LLC lawsuit, click here.

The information you post will be e-mailed to me, and I will be happy to respond. Name required. Email required. Phone Number.

Please tell me a bit about your matter include case number, if relevant. NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege which keeps everything that you share confidential and private attaches immediately when you contact me, I do not become your attorney until we sign a contract together.

Malibu Media, LLC v. Doe Case Nos. Schulz of the Media Litigation Firm, P. Doe, subscriber assigned IP address Doe, subscriber assigned IP address Main St.

John Doe Case No. IP Address DOE Case Nos. Malibu Media, LLC is one of the newer copyright trolls. For starters, to learn about the Malibu Media, LLC cases and to understand their business model and trends , I have posted a few of the articles below to get you started:.

John Does Case No. Unknown Case No. Does Case No. It appears as if Malibu Media, Inc. It looks as if Patrick Cerillo will be trying his hand at the copyright trolling business.

John Doe s Case No. Once again, that post is here. I agree. Apparently the fraud case against him was dismissed, and probably this fact has emboldened out fraudster.

And this crook had guts to appeal to the Circuit Court. Court was not amused and sent back his appeal. While the following link is not to one of my websites, I believe it might discuss the same topic you mentioned in your inquiry.

Obviously let me know if I can be of further assistance. I have sent you a reply via e-mail as well. I have noticed over the past few days on rfcexpress that Malibu Media is filing single doe cases in large quantities Illinois, Colorado, Maryland, and Indiana.

Given the cost of each filing, any ideas as to what their strategy is? It looks to me to be more of the same.

They have been milking their old cases for settlements for a long time now. Do they gain some kind of advantage by going after only one doe per lawsuit?

John Doe subscriber assigned IP address Florida Middle District Court M. Keith Lipscomb a.

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