Once Again, As Details Of Questionable Copyright Trolling Practices Come To Light, Troll Desperately Tries To Run Away
from the run-away,-run-away dept
As FightCopyrightTrolls points out, what may be even more interesting is the declaration from Lamberson's lawyer, Chris Lynch, which includes an email he sent to Elf-Man's then-lawyer Maureen VanderMay. As you may recall, in our post about the connection to Guardaley, we also noted that VanderMay had suddenly told the court she could no longer represent the copyright holders of Elf-Man, saying it was "impossible for counsel to both continue with representation and comply with the governing rules of professional conduct." In Exhibit B in the declaration, Lynch lays out evidence that the Guardaley shell company APMC was actually the one who hired VanderMay, rather than the copyright holder, and also that APMC had seeded various films from Vision Films itself, with the goal of then copyright trolling any IP address that downloaded them (i.e., just like Prenda's scam of uploading the films themselves). This raises all sorts of legal (and ethical issues), including the basic fact that if the copyright holder or one of its agents is seeding the films itself, it's no longer an unauthorized distribution, and thus not infringing.
We see this same pattern time and time again with the various copyright trolling efforts. Righthaven, Prenda and other copyright trolls seem to regularly try to dismiss cases when they're called out on questionable behavior in an effort to hide any more of that behavior coming out. It usually doesn't work very well, as opposing lawyers often use the opportunity to press for legal fees, and to seek discovery anyway.