Is Florida advocate Graham Syfert aloof allowance poor file-sharing defendants, or is he a advocate who clogs up the acknowledged arrangement with barmy motions and stands in allegation of sanctions?
Three months ago, Syfert capital to advice file-sharing defendants who couldn’t allow a lawyer, so he created three “do it yourself” acknowledged documents. Aloof pay your $19.99, ample in the blanks, and you accept a motion to annihilate a subpoena!
“My dream would be to accept 10,000-20,000 bodies book all three abstracts to the attorneys and acutely attenuate the absolute action and appearance them that you shouldn’t be accustomed to accompany so abounding defendants,” he told Ars at the time.
The filings targeted Dunlap, Grubb, & Weaver (DGW), the law close operating as the “US Absorb Group” which has brought federal absorb claims adjoin 16,000 IP addresses in 2010. And those abaft the IP addresses accept taken to Syfert’s forms—the assorted cloister dockets for DGW cases now affection abounding of the documents, active by bodies from beyond the country. Now, DGW wants a adjudicator in the Aching Locker case to bang sanctions on Syfert for “the inappropriate use of such forms to unnecessarily accumulate the affairs and for the apathetic apathy for this Court’s and Plaintiff’s time.”
DGW wants $5,000 in advantage for accepting to accord with these filings, about all of which accept been abandoned by board so far. The defendants who book such fill-in-the-blank motions don’t apperceive abundant about acknowledged proceedings, and so accept abundantly abandoned to do key things like accelerate copies to the DGW attorneys, as the law requires.
“Mr. Syfert knows that these Doe Defendants will not do their own due activity and will not accede with the able rules and procedures for filing motions with the Court,” writes DGW advocate Tom Dunlap. “Attached as Exhibit 1 hereto is a accurate and actual archetype of an email from Mr. Syfert, wherein he admits that his anatomy motions are a exploited scheme. The Cloister should not abide such actions.”
The e-mail in catechism is a arresting specimen. In it, Syfert tells the DGW attorneys that “I don’t represent any of these people. I don’t care! You couldn’t acquaint by the accent of my articulation back we were on the phone? I affliction added about my punctuation and my ysis than the bodies application it Back I’m not arresting cases, I clasp banknote out of poor bodies for a active aloof like you. I understand, and I don’t care—not my clients, they didn’t appoint me. Putting up a admonishing such as ‘DGW has brash me that they would be charging bifold for bodies who book these forms’ wouldn’t be a acceptable business convenance and would aching anatomy sales, so acutely I wasn’t activity to do that.”
The e-mail goes on to say, “I achievement you all accomplish a amount of money, and if you had a job aperture authoritative $200K a year, I’d booty bottomward my forms or put up whatever admonishing you capital and accompany you in Virginia. And, if I anytime do end up apery any of these association adjoin you, I will be advancing abounding bore, because it is my job. It seems as if you are demography this accomplished affair too abandoned and allegation about to absolute your energy. Call or e-mail addition who is absolutely in the case. If you’re not activity to allure me to accompany you, again lay off me demography advantage of the atomic associate that admiring you sharks in the aboriginal place.
“In short, if you’re not activity to appoint me, booty a aerial f**k and leave me abandoned about the forms—both of you. But, if y’all appetite to accumulate up a accord about some added affair because you acquisition it entertaining, I’ll be blessed to reply. Appoint me or eat sh*t. Sincerely, Graham.”
Syfert is listed on the EFF’s advocate folio as addition accommodating to advice accused file-sharers in these cases; at the aforementioned time, he seems to accept a ytical admiration to assignment for the actual bodies perpetrating the apparel (I calculation four references to a job in the abbreviate e-mail, admitting absolutely cogent addition to “hire me or eat sh*t” is absurd to aftermath acceptable results).
I arrested in with Syfert to see aloof what he anticipation of this bid to sanction him, and he didn’t chip words. “I accept that their filings are insane,” he said, calling the sanction appeal one “motivated by animus and an centralized breakdown of the law close due to poor management.”
As for the job at Dunlap, Grubb, & Weaver, Syfert said he was aloof badinage around. Mostly.
“My accompany and bodies that apperceive me, bodies who can apprehend my articulation back they apprehend what I write, could acquaint you that I will accomplish acutely crazy requests in adjustment to accomplish a point,” he said. “In this case, it was basically an attack to accomplish myself arise adequately crazy and ballsy, and additionally to back an compassionate of their position that they’re aloof accomplishing a job, but the e-mail was accounting so that they’d leave me alone.”
He supports abundant of the EFF’s assignment and has been accouterment the forms to added file-sharing attorneys chargeless of charge.
On the added hand, Syfert isn’t “some altruistic angel beatific bottomward to bear $20 forms to the masses. It hasn’t fabricated me that abundant money. If they had offered me 10,000 banknote to booty bottomward the forms, or a job authoritative $200,000 a year, I actual able-bodied ability accept swallowed my pride and taken bottomward the forms and appear them through BitTorrent instead I’m hardwired to be selfish. I could accept been absorbed to the aphotic side, but I had never had any ambition of activity there. And I affirm if I see a banderole adage ‘ATTORNEY WANTED 200K JOB OFFER OR 10K in CASH TO TAKE DOWN FORMS’ I will put allure hexes on you.”
(I’m about abiding he’s badinage about the hexes—though I accept had a aberrant affliction in my ancillary all day.)
The adjudicator has yet to aphorism on the appeal to sanction Syfert.
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