John Filax Awarded Default in Copyright Suit

What should be a cut and dry victory for YouTuber John Filax may have proved otherwise, as the court clerk in his lawsuit against YouTuber Muhammad Tayyab entered a default for the Florida based personality that may prove problematic for all parties involved in the lawsuit.

Filax, through attorney That Randall S. “The Unhinged Attorney” Newman, Esq, filed suit against Tayyab in September, alleging misrepresentation and was seeking a declaratory judgment against the Pakistan based YouTuber.

Tayyab allegedly took part of a 2017 video posted on Filax’s main channel and used 1 minute and 34 seconds of the video in a short on his BodycamActionOfficial channel. The short has been seen 85 million times on the channel, which is not currently monetized, while Filax’s original video has been seen 10 million times.

Filax and Newman contend that Tayyab was untruthful in his DMCA counterclaim when he said: “The original content used was from a video titled “TPA Police Stop The Wrong Guy _ READ THE DESCRTIPTION!”, and I acknowledge that it was included in my video. However, I believe the use of this content qualifies under fair use. I significantly transformed the original footage by: Adding my own original images including captions and text overlays incorporating background music Making edits to structure and presentation that provide new context and meaning. My video is not a re-upload, but rather a repurposed and original work that aims to inform and engage viewers in a different way than the source material.”

The outstanding problem for Filax may come from the way that he served Tayyab. Both men live in countries that take part in the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents.

This is the same agreement that ultimately let Christopher “Denver Metro Audits” Cordova serve Jonathan “Frauditor Troll” Huneault and Jose “Chille” DeCastro serve John “Irish Demon” O’Dea via e-mail, after the judges in both lawsuits signed off on service.

In this case, instead of attempting to serve via a courier or a process server, Tayyab was served via a package he signed for using the DHL shipping service. Filax, through Newman, claim that the service was done in accordance under Rule 4(f)(1) of the Hague convention.

The problem they’re facing now is that in other cases, Newman waited for permission from the judge in the lawsuit to issue an order allowing alternative service. In this case, he bypassed requesting the order and simply served Tayyab via DHL.

It’s unclear how Judge Eumi K. Lee will rule on the service. While a clerk can issue a default, that default means next to nothing unless proceedings are held to prove damages and to have the judge in the lawsuit sign off on a default judgment.

Because Filax did not register the copyright on the video, getting damages for infringement. It’s also unclear what money Filax would be able to receive from the lawsuit as the offending video is demonetized.

Attorney Newman, at the time of filing, contended that the case was more about having the offending video removed from YouTube and using the judgment against others who infringe on his clients’ videos.

This is a breaking news story.