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Mass-BitTorrent Lawsuits Stopped Over Unlicensed Attorney

Thousands of people who have been sued for downloading movies can breathe a sigh of relief, for now at least. A Florida judge has stopped 27 mass-BitTorrent lawsuits because the attorney for the copyright holders appears to be unlicensed. The cases are likely to be dismissed and the plaintiffs will not be allowed to demand settlements from the accused file-sharers.

shredThe ongoing mass-BitTorrent lawsuits in the U.S. continue to keep the United States judicial system busy. More than 250,000 people have been sued over the last two years and new lawsuits are being filed every week.

Through these mass lawsuits the copyright holders are trying to obtain the personal details of BitTorrent users who allegedly shared their material online. Once this information is handed over, they then offer the defendant the opportunity to settle the case for a few hundred up to a couple of thousand dollars.

The scheme is used by well known copyright holders such as the makers of the Oscar winning movie The Hurt Locker and book publishers John Wiley and Sons. However, the majority of the cases are filed by adult entertainment companies. Many of these companies can make more money from lawsuits than selling content and are often described as copyright trolls.

Tarik Hashmi of the Transnational Law Group is one of the attorneys who filed dozens of cases on behalf of adult companies in Florida. However, these have now been halted by District Court Judge Hinkle and may be soon dismissed entirely. It appears that Hashmi is practicing law in the Florida federal court without the proper license, an issue that was brought up by a notice three defendants filed at the court.

“All proceedings and all deadlines that have not passed are stayed pending a determination of whether these cases should be dismissed—or other appropriate action taken—based on the notice suggesting that the plaintiffs’ attorney Terik Hashmi resides but is not licensed to practice law in Florida,” Judge Hinkle writes.

While the attorney is given a chance to respond to the allegations, for now he is no longer allowed to demand settlements from the thousands of defendants who are accused in 27 separate mass-BitTorrent lawsuits.

“Until this issue is resolved by a further order of this court, Mr. Hashmi must not attempt to settle any of these cases, must not accept any payment in settlement of any of these cases, and must not take any other action in any of these cases,” the judge writes.

If the investigation into Hashmi concludes that the attorney is indeed not qualified, all cases are likely to be dismissed. Although this would be great news for the thousands of people accused in these specific cases, it will do little to stop new mass-BitTorrent lawsuits from being filed.

As long as the scheme is greatly profitable for both attorneys and the copyright holders, the lawsuits will continue.

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  • Alyssa Blindy

    Well, this is quite interesting. I wonder if the guy is pretending to be a lawyer but truly has no law school whatsoever, if he failed the tests but had phony documentation, or if there is some type of mistake. I hope it is not a mistake; hope this guy isn’t qualified. It would be funny. I think this guy went to the bar to drink instead of taking the BAR exam. Kidding.

    • Guest

      its likely he was a lawyer from another jurisdiction and didn’t bother to take the time to pass the bar in Florida where he was filing all these cases. Its why you can’t hire a California lawyer to sue someone in Arizona. red tape regulatory procedure makes it difficult for firms to cross state lines.

      I can’t say it happens all the time but lawyers have gotten away with it from time to time. the defendants are lucky it was caught or he could have kept doing it for years. this is what happens when you don’t pay your dues in law. it works both ways…

    • HoustonLawy3r

      It is actually that you cannot practice law while being in the physical boundaries of the state of Florida unless you are licensed to practice law there. He can file wherever he wants. If his practice and his home was in Ohio where he was licensed, he’d be fine. The fact that he was residing in Florida while running his law practice — that’s the issue.

      • Anonymous

        but but but I had to move to Florida, thats where all the trolls are working now. This Writ of Pure Discovery is a GOLD MINE.
        No issues of joinder, No problems putting multiple films into 1 filing, we are saving so much!

    • Rhandom

      The guy thinks he’s Frank Abagnale

    • Jake Sylvestre

      we should get more fake lawyers….

  • http://twitter.com/FreePSDFinder FreePSDFinder

    Good to hear.

  • http://www.facebook.com/people/Don-Dilly/1624894683 Don Dilly

    Ha!!

  • http://www.twitter.com/echoman74 echoman

    I guess this is one of those cases where you can say, “Whose actually the criminal? ”
    :)

    • http://www.facebook.com/hopeyoufsckingdie Hope You Die

      I think you mean “who’s” which is the contraction of who + is. Whose is a possessive pronoun..

      • Guest

        ‘Get fucked’ – that’s a vulgar colloquialism for who cares.

        • http://www.facebook.com/hopeyoufsckingdie Hope You Die

          Thanks for the advice, I took you up on it and got fucked by your mother. Cheers.

          p.s. Don’t use your towel without washing it first.

        • It’s a fit-up

          @hikaricore = Pompous asshole.
          1st post: Pompous.
          2nd post: Asshole.

        • Danny

          more like mega lolz!

      • Anonymous

        The Grammar Nazis have arrived!

        Thank you for your much needed clarification. I’d never have known what was meant otherwise. I hope you troll other boards to keep the information flowing there as well. Your services are very much needed! Without folks like you, we’d all be fuct.

        /end sarcasm

        • Anonymous

          You’re welcome. ^_^

        • Bond, James Bond

          Grammar Nazis! That’s awesome.

        • Shalltheedie

          For hikaricore, You are welcome.

          The apostrophe just makes you lazy.

      • Bond, James Bond

        hikaricore: Henceforth I expect to see no less than one grammar or punctuation correction per TorrentFreak article.

      • http://www.twitter.com/echoman74 echoman

        Well holy shit total genius!!

      • http://www.facebook.com/ValhallaLegend Andrew Lee

        stupz massin wid spelzzins dud* yous miking uz lok fukinz wetardiz

  • Welovefree

    it’s all bullshit, if i can share any thing whit my “physical” friends so why the fuck the problem if i do the same thing whit my “online” fellows. it’s just for making more bills from nothing . leading us to the global fascist state.

  • A041112

    these companies are just money hungry as you can see,this will be a blow to them lets hope it happens again

  • Sabel44

    Maybe he got an iraqi law degree.

  • Torkhead

    These attorneys who are bringing these subpoenas are of the lowest level of troll scum. I am relieved a bit because my IP is listed in the particular case along with the john does who discovered this and brought the info to defense attorneys and the judge.

    There are so many people caught up in this because it is easy enough to get a subpoena for subscriber information and then send them a threatening letter to settle or get sued.

    For 350 USD you can get the names, addresses & telephone #s of hundreds of jon does (subscribers) in one subpoena and at $3400 each of 50% of them (after expenses) makes for a nice profit to split between the porn producers and the attorneys.

    I hope there is a “special hell” for these trolls.

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  • Mwhahaha

    How on earth can anyone be evil enough to engage in something which they don’t hold a licence for?

    Such as, for example, watch a feature film?

    • Douche

      I agree. Watching a movie is EQUAL to pretending you are a lawyer suing hundreds of people.

      Excellent argument.

      Douche.

      • Frotogash

        What if one day you get a letter that states your IP is listed in a subpoena and you never used torrents or downloaded any movie whatsoever?

    • Anonymous

      those lawyers cause actual harm
      there is no proven harm from piracy

      • Fox, Megan Fox

        “There is no proven harm from piracy.” Someone needs to frame that.

  • Anonymous

    Just goes to show you that even at the base levels, us Americans have lost control of our government and our law. With all of the money just being thrown back into their hands, you have to wonder if we’ll ever stop prostrating ourselves to these fools.

    The only thing these mass factory produced kiddie lawyers, whether licensed or not, understand is if you put the barrel of a shotgun in their face and tell them they can file it of course and deal with the consequences of losing their head, or they can grow a proper pair and start doing business properly.

    • Guest

      Democracy is for sale. Welcome to America.

      • Rangoo Zangoo

        who wants it anyway

        • Guest

          Bet it’s already been sold.

      • http://pulse.yahoo.com/_PJEHO77O7XHQ4Y4YX7CYVOYKQ4 John

        At least 3 times.

  • ChrisDodd

    It Doesn’t Matter if it’s $500 BILLION or a $2 Pumpkin!

  • Jamesd

    So… are they going to be punished / jailed / fined for this? If it were anyone else they would be.

    • Anonymous

      of course not

      punishment is only for the lower classes

  • Pingback: Mass-BitTorrent Lawsuits Stopped Over Unlicensed Attorney | Best Seedbox

  • http://twitter.com/JOSETTESERGIO JOSETTESERGIO

    friend’s sister earnēd $19762 past month. she makes money on the internet and bouġht a $4981OO home. All she did was get blessed and put into worḱ the advicē writtēn on this web site..MakeCash2.com

    • Anonymous

      Sadly she downloaded some funky shemale porn to help him with my erectile dysfunction, and now all that money has been taken away by trolls…

      • http://www.facebook.com/ValhallaLegend Andrew Lee

        You know crack kills….

    • Ipp

      Oh your sister is a whore!

    • Jamesd

      Cam Whores make that much?

  • Universal Soldier

    I guess the pirate bay is not banned in the US, although most countries in the EU are banning it. Is it because the MAFIAA wants these pay up or else schemes to continue and more more money that they have not banned it yet?

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  • America will control the world

    One thing these idiots haven’t thought of yet is to take action against all the companies that make external hard drives. Because of what most people store on them. I’ll bet most stuff store on these huge externals are “pirated copyrighted” material. Heck it even gives an example right here on the box it came in….says it will hold about 263,000 mp3 285,000 photos or 820 movies. The MPAA should definitely get on it right away, after all they are blatantly stating it is okay to store that copyrighted material on these drives.

    • HollywoodAnna

      Stop giving them ideas.

      • http://www.facebook.com/ValhallaLegend Andrew Lee

        O_O I agree that is the worst best idea anyone has ever came up with. We’re all doomed I tell ya!
        You know with all the lawsuits and shit going on it would be nice to see a new way for torrents to work for example all downloads go through multiple parties. So even if they’re watching someone that someone is not getting shit. A few extra routes would make it a living hell for them to bust people. Same for seeding even if they download the file themselves it would go through alt routes.
        Also a must the person the info is coming from cannot have the file the other party is downloading. Like I’m downloading super pr0n text 1 and I’m connected to Super Megadeath Christ he would not be a valid host for data to travel through if he had that file I was downloading.

        If they want to play hardball we should at least put a big fucking roadblock up. It would be impossible for them to start taking every computer they “think” a file might have passed through and find out where that went to and so on.

        Each extra pass would make it a bigger pain in the ass to track down.It would technically turn every single person into a vpn.

        Well RIAA and others I must say. Suck on my salty vanilla balls!

    • Guest

      Let’s ban food because it feeds criminals.

  • Potato

    Catch me if you can :)

  • Fail

    Minor Oversight LOL

  • http://fightcopyrighttrolls.com S.J. Doe
    • http://fightcopyrighttrolls.com S.J. Doe

      Small lies: Terik Hashmi’s website is “down for maintenance”, but it’s home page only, pages can be accessed directly, http://transnationallawgroup.com/faq-section for instance

  • FuckTheUS

    “Many of these companies can make more money from lawsuits than selling content and are often described as copyright trolls.”

    WTF…

  • Sui Juris

    This article appears to be celebrating a bit prematurely. It would be nice if it all got dismissed; but I wouldn’t count on that happening. It is, after all, the US “justice” system.

    Even if it is dismissed, it will, undoubtedly, be “dismissed without predjudice”, meaning that nothing prevents it being refiled by an attorney licensed to practice in that Federal District Court.

    It’s unlkely that Tarik Hashmi didn’t know the rules. What’s likely is that he knew the rules and chose to ignore them, believing he wouldn’t get nailed for it. He’s probably been violating bar rules for years and this is the first anyone has challenged him.

    As a pro se litigant I’ve had the same experience multiple times in challenging the legal standing of judges (and attorneys). When I dig into a judge’s records I’ve often discovered that they’re disqualified from sitting on the bench, or at the very least from hearing my case. In such cases it’s easy to get them to recuse themselves. Most of the time I don’t even have to file a petition. They just do it as soon as they hear from their clerk that I’m asking for things they’re legally required to have on file, e.g. their oath of office, proof of bond, etc. In one situation my case was dismissed because I’d gone through every judge in the district (state court). They’d all recused themselves for failure to meet the legal requirements to sit on the bench.

    I like for judges and attorneys to obey the law. The public generally, and falsely, believes they do obey the law. Experience tells me they usually don’t. All it takes is some digging to prove it.

    Will Hashmi be sanctioned for it? Not by a federal district judge. If he gets sanctioned it will be because a few of the Defendants in the case file Bar Grievances with the Florida State Bar. Even if the Bar doesn’t sanction him, just having to answer a Bar Grievance is a major pain for any attorney. The Defendants should file their grievances separately, as each Grievance must be responded to separately (more time and work for the attorney).

    They may also want to file grievances with the Florida State Attorney General’s office. Practicing law without a license in any state is a serious matter. The rules vary state to state, and I’m unfamiliar with Florida Bar rules, but Federal District Court rules tend to complement, and not conflict with, the State Bar rules of the state in which the Federal District Court has jurisdiction. As such, more than likely, since the Federal District Court in Florida requires a Florida resident attorney to be licensed to practice in Florida, the State probably has the same requirement, even if that attorney never practices in any Florida State court (I hope that’s not confusing).

    As far as Florida residency, but not being licensed by the Florida State Bar thing goes, it’s not uncommon to declare residency to be in one state but retain your business licenses (or bar license) and operate your business in another state. Attorneys and politicians do it quite often. George H.W. Bush claimed his residency in Texas while he was president and, to my knowledge, still does so using his son’s address. He hasn’t lived in Texas for years. He does for for tax advantages.

  • Nerdburger

    LOL

  • Anonymous
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