In a significant blow to those who thought that Christopher “Denver Metro Audits” Cordova’s lawsuit against Jonathan “Frauditor Troll” Huneault would go nowhere, United States Magistrate Judge Virginia K. DeMarchi ordered on Friday that Cordova could provide service to Huneault via e-mail and certified mail.
Cordova, represented by that Randall S. “The Unhinged Attorney” Newman, Esq, has asked the court to allow him to provide alternative service to Huneault as Huneault provided an incomplete address in New York, where service was unsuccessfully attempted, and due to the fact that Huneault later admitted to living in Canada.
The address revealed by Huneault’s AdSense and YouTube channel data, as provided by Google/YouTube, also reflected an Ontario address for both Huneault and partner Nneka Ohiri.
Judge DeMarchi ruled that Cordova, through Newman, had satisfied the need to provide alternate service via e-mail. She ruled that Cordova could go forward with service to Huneault via e-mail, as long as a copy of the service was also sent to Huneault via certified postal mail.
The fact that the case is being allowed to move forward is a surprise to those who believed that the case could never move forward in an American court as Huneault had been known to reside in Canada.
It is noted that Canada and the United States are both parties to the Hague Convention of the Service board of Judicial and Extrajudicial Documents. That convention allows for defendants in participating countries to be served with lawsuits from the other countries taking part in the convention.
When Huneault signed his DMCA counterclaim to oppose the removal of his videos that used Cordova’s works, he agreed to take part in any litigation that followed under YouTube’s guidelines. YouTube requires that all litigation occur in the Northern District of California, where the company resides.
The end result means that Huneault, even though he is Canadian, has already agreed to accept service and participate in the litigation, despite it being in a court in the United States.
Cordova’s motion was not fully granted as Judge DeMarchi ruled against service of California-based attorney Patrick D’Arcy, who had attempted to file a friend of the court brief on behalf of Huneault, was unwarranted. Cordova was seeking to have D’Arcy served, despite D’Arcy not being a party to the lawsuit, as another means of notifying Huneault of the lawsuit.
Friday also saw the successful service of Anthony “BlackHartKnight” Gurka by attorney Newman’s process server, on behalf of the Helping Hands for Dignity Coalition run by Regan Benson.
Attorney Lee Rapkin, a Canadian attorney who initially filled out DMCA counter notices on behalf of the YouTuber known only as “The Exposer,” also waived service on Wednesday. She is currently being sued by Cordova’s Executive Lens LLC, with attorney Newman again representing Cordova.
Following the successful service of Gurka, Regan Benson posted the following to her YouTube channel’s community page:
“STOP STEALING MY CONTENT. It is very simple. If you want to use my content, ask first. Simple. If you decide to steal it and I tell you to take it down and you don’t, there are now going to be consequences. It’s not yours to take, make your own and profit off of it. This idiot tried to avoid service with a false address (potential perjury) after we gave him the opportunity to TAKE MY CONTENT DOWN.
Why is this not a free speech issue? BECAUSE IT’s MINE, I OWN IT, period. It’s my platform, not yours. This funds my non-profit and what is most disgusting in all of it? The trolls that hide and think that creating fair use out of my content, is to tell lies about me, my work and disparage homelessness. Not to mention the INCESSANT harassment they call for with their cult followers which for me has been a gamut of calling the cops (swatting) on me, IRS inquiries and responses I have to provide, Secretary of State responses I have to provided relating to my non profit IT IS GOING TO STOP.
I’ve learned in this process that others are making MORE MONEY off MY CONTENT than I am, STEALING MY CONTENT.
Make that make sense YouTube.
I’m really grateful… along came the @theDMCALawyer.
Ya’ll can go ahead and try to run from him, but you’re not going to hide. He’s no phuken around and neither am I.”
JF The fact that the case is being allowed to move forward is a surprise to those who believed that the case could never move forward in an American court as Huneault had been known to reside in Canada.
So many things wrong here. The case has not move so much as an inch forward. All this has done is allowed for service to say, hey I am suing you. They have not even filed an objection or a response to the case. Now we wait while FT lawyer comes to play. If he has a good lawyer, then this will be over with fast. If he goes cheap, and gets someone unfamiliar with copyright law, then it could drag on.
JF When Huneault signed his DMCA counterclaim to oppose the removal of his videos that used Cordova’s works, he agreed to take part in any litigation that followed under YouTube’s guidelines. YouTube requires that all litigation occur in the Northern District of California, where the company resides.
Yes, this is true, except it is misleading. DMA’s lawyer wants to fight this in Cal because New York has case law tossing the suit. After 2 weeks and they did not sue, YT walked away from the whole thing. So they could sue in any federal district court they wanted to.
However, jurisdiction is not yet established and will certainly be challenged in the first reply.
JF Cordova’s motion was not fully granted as Judge DeMarchi ruled against service of California-based attorney Patrick D’Arcy,
Because it was a stupid motion to begin with? Lets ask the judge to grant permission to a third party with no standing in the matter just cause.
Hmm,,, no wonder it was not granted. Sadly, it would have been wonderful to see that Klan leader then get sued for payment by Darcy for services rendered in his ill fated service attempts. Oh well. Back to bang kok. I am sure he has another hate rallie to show up for.
JF Following the successful service of Gurka, Regan Benson posted…
Service… means you said Hi, i am suing you. Not that I just won a lot of money. The problem is, they think of this as a win, They think this because their klan leader is telling them this. Guess what. Its a long long long time before any of these court cases get resolved. I think i read that the average court case in Federal District court was aprox 3 years or longer. I could be wrong about this district but it wont be short.
Oh and her video was not copyrighted anyways. So there is no money to be made from this suit in the first place. Low hanging fruit to try and get case law on their side.
Psst, if you ask a real lawyer, they will tell you to have these cases dismissed for failing to include a necessary participant. YT was not a party to any of these suits. Motion to dismiss
But with all the hubris of suing people going around, everyone is jumping on the train. The problem with all this sound and fury? It signifies nothing.
In the end, most of these suits will be dismissed before they ever get to trial. Soon as they start to get real opposition from real lawyers, all this bravado will be the morning dew as the sun risings and disappear into the air. The cases are all simple and easy.
Just a hint, cause I would not want to help anyone too much. But a certain YT took someone else’s video. Changed the title and played it fully on their channel. They were of course sued. But the judge ruled the name change was sufficiently transformative to escape copyright suit,
Shh just don’t tell anyone else 😀
LOL I am too lazy to look at these videos but since almost all frauditors claim their videos are for news purposes. as opposed to a creative work,,, they get even less protection…
LOL okay, so you write a series of books, on oh say werewolves. And I mean like 10 books. A TV studio takes all the stories, and changes the name, the places, the dialogue but not enough to say it was anyway different from the book and when the author sues! SUES! they get nothing because you cannot copyright story plot lines…
Oh okay just one more. From Star Trek no less. They take a third party’s comic book and put in there ship name, their ship and crew and leave everything else essentially the same, to the point where you can hold up the comic book to the show and see they were using the images from the comic to be created on screen. So of course you sue… and lose.
Not here to do anyone homework. Gosh knows they need help.
Copyright is a lot more complex than anyone here understands and what they do not get, will hurt them in court… if they hire the right attorney.
If they hire Lionel Hutz from the Simpsons… well he might forget to read a one page contract, lose in court then get 10K go away money and claim it as a huge victory for copyright protection… or some such rot.
If our dearly love klan leader gets to call himself n internationally known public figure of law
With support from first year family attorney Merb saying he is the greatest since sliced bread.
All the other lawyers, the ones with jobs and such disagree. What do they know with all those millions of dollar settlements.
But then, what do I know. I am merely a usenet troll scaring all the billy goats off the bridge…
Bhhhaaaa
Bhhhaaaa
Bhhhaaaa