US Copyright Group: Motions to quash are a "money-making scheme"

Many of the people I speak with about the tactics that organizations like the US Copyright Group (USCG) use to get settlements from people accused of illegal file-sharing equate it to something similar to extortion. It’s not surprising to find out that representatives for the USCG have an entirely different view.

Not only does the USCG not see anything wrong with what they are doing, but they also believe that the numerous motions to quash being issued in the Hurt Locker file-sharing cases are nothing more than a way for the defendants’ lawyers to become wealthy. The USCG is now attempting to use this justification on why the court should deny any further motions from the defense to quash and dismiss cases.

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"Accordingly, Plaintiff requests that the motions and any similar future motions be denied in their entirety, without the need for Plaintiff to file any additional oppositions, and that the Doe Defendants and the attorney selling the form motions be sanctioned," the USCG wrote in their motion filed this week. "Attached as Exhibit 1 hereto is a true and correct copy of an email from Mr. Syfert, wherein he admits that his form motions are a money-making scheme. The Court should not tolerate such actions."

According to a report at Slyck.com, this demand from the USCG stems from a form that defense attorney Graham Syfert developed to make it easier for John Doe defendants to file a motion to quash a file-sharing case when they may not be able to afford legal representation. Compared to the hundreds, or even thousands of dollars some Does may need to spend to fight a case, the $20 to file the form is a bargain.

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So many people have taken advantage of using these forms that the USCG is claiming they’ve spent $5,000 to respond to all the motions to quash. This is, obviously, not the outcome the USCG had in mind when they filed their cases.

At this point I don’t even care if the majority of these motions to quash are being made by guilty parties. It’s great to see someone find a way to give the USCG a taste of their own medicine. The reality is that Syfert is likely losing a great deal of income he could be generating by giving potential clients access to his $20 form. Now it’s up to Justice Ricardo M. Urbina as to whether these forms, or any motions to quash, will be allowed going forward.

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