YouTuber Zachary “Liberty Troll” Kueker received a small victory on Tuesday as a clerk for the Northern District of California granted his request for a subpoena against Google/YouTube for information about the Frauditor Roundup YouTube channel.
The subpoena orders Google/YouTube to turn over “All identifying information provided when this channel was established, as well as all identifying information provided subsequently for billing, administrative or AdSense revenue purposes.
All identifying information, including the name(s), address(es), telephone number(s), email address(es), social media profile data, and IP address(es), for the users who posted, uploaded, downloaded or modified the data” from the channel.
Kueker’s victory was soon followed by the filing of another subpoena request again targetting Google/YouTube, by Kueker’s attorney, Randall S. “The Unhinged Attorney” Newman, Esq, seeking the same information about the Dr. Dave Frauditor Terminator YouTube channel.
Newman issued the following statement about the Frauditor Roundup subpoena when contacted by ReallyCoolNews, “Google doesn’t get to protect anonymous trolls who abuse the DMCA process. If someone files a counter-notice through a lawyer, we’re entitled to know who’s behind it. The clerk issued the subpoena, and now it’s Google’s move. Frauditor Roundup is about to learn that anonymity ends where perjury begins.”
The use of 512(h) subpoenas by Newman on Kueker’s behalf essentially allows him access to an alleged copyright violator’s information without the need to file a lawsuit first. The need to file such a subpoena was demonstrated when Jonathan “Frauditor Troll” Huneault provided an incomplete address when filing a counter claim against a takedown notice in another case that Newman is handling.
In that case, Christopher “Denver Metro Audits” Cordova sued Huneault after Huneault filed a counterclaim against a YouTube takedown notice. Huneault agreed to being served at the address he provided in the counterclaim; however, the address was incomplete as Huneault knowingly or unknowingly left off a suite number of his address, preventing service of the lawsuit.
The use of 512(h) subpoena by copyright holders to get accurate information about those that allegedly misuse their copyright before filing suit apparently will put the end to the practice of essentially “renting” an attorney’s address to put on a copyright counterclaim.
In the past YouTubers were advised to use various services of this nature in order to prevent doxing of their real information by copyright holders. Most recently, YouTuber Kevin “The Angry Vet” Soper discussed on a livestream on Tuesday how to give an alternate address when filing a counterclaim after his channel received a copyright takedown notice.
Soper made it clear that he did not want his information “doxed” to the public and considered providing an alternative address when filing his counter claim. Providing false information on such a claim is illegal and against YouTube’s policies.
The new subpoena request inadvertently continues the on-going dispute between Newman and YouTuber Dr. Dave. The pair have traded videos disparaging each other over the past few days. The highlight of the dispute so far has been an AI generated rap video released by Dr. Dave extolling the prowess of Newman as an attorney.
On a related note, Christopher “Denver Metro Audits” Cordova has scheduled a livestream for 1:30PM Eastern time on Wednesday to discuss his on-going dispute with the 1A Audits Exposé channel. It is unclear if attorney Newman will appear on the live with his client as of press time.
