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

A few weeks ago, we wrote about evidence coming to light suggesting that the massively discredited German firm Guardaley, and a variety of its shell companies, were actually key players behind a bunch of US copyright trolling cases (including at least some of Malibu Media's). Much of the initial evidence for that came out in a copyright trolling case brought by the copyright holders of the film "Elf-Man" in a case against someone named Ryan Lamberson. On Friday, Lamberson's lawyer sought to compel discovery in an effort to dig into what's really happening behind the scenes, and how involved Guardaley and its various shells really are in this case. And, almost immediately, the lawyers for Elf-Man decided to run away as fast as they could, filing a motion to dismiss with prejudice.

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in our post about the connection to Guardaley, we also noted that VanderMay had suddenly told the court she could no longer represent the copyright holders of Elf-Man, saying it was "impossible for counsel to both continue with representation and comply with the governing rules of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.

Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: chris lynch, copyright troll, elf-man, maureen vandermay, ryan lamberson
Companies: apmc, guardaley, vision films

Reader Comments

Subscribe: RSS

View by: Time | Thread

  1. icon
    Woadan (profile), 17 Jun 2014 @ 2:24pm

    Art Vandelay?

    Guardelay? Vandermay? Wait, is this a scheme involving At Vandelay?

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here

Subscribe to the Techdirt Daily newsletter

Comment Options:

  • Use markdown. Use plain text.
  • Make this the First Word or Last Word. No thanks. (get credits or sign in to see balance)    
  • Remember name/email/url (set a cookie)

Follow Techdirt

Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Discord

The latest chatter on the Techdirt Insider Discord channel...

Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it

Email This

This feature is only available to registered users. Register or sign in to use it.