Doing a separate thread for each of these. More documents may follow thanks to donations and as they get publicly released.
Contains a single page form listing Nexon, the defendent, and MapleStory v75 as the infringed material. PA 1-741-698 is apparently their registration number.
03. Report on Filing of Copyright Action (Initial Notification)
Real meat of the complaint.
14. Amended Complaint
Douglas Crane (Lonerboy)'s Rebuttal; Denies knowledge of anything and everything except his own physical location and Nexon's ownership of their material.
The affirmative Defenses are the only good reading and I'll be probing those shortly.
16. Answer to Complaint (Discovery)
Request to postpone court till Wednesday, June 6, 2012. Douglas Crane and Linda Liu are the only defendants responding so far.
20. Ex Parte Application to Continue
Court agrees to reschedule...
20. Proposed Order
Ryan Cornwall's Rebuttals. Denies everything similar to Douglas Crane with a bit more technical acknowledgement. Admits to creation and intended purpose of his various projects. The affirmative defenses are interesting but so are the technicality wrangling attempts in the various denials.
22. Amended Answer to Complaint
Request for a default judgment against Colin_ for not replying. A similar request was filed against Jayce.
25. Declaration of Marc E. Mayer In Support of Request To Enter Default Against Defendant
Derek Osgood a/k/a "Jayce"'s Default
26. Clerks Entry of Default
Colin Johnson a/k/a "Colin_"'s Default
27. Clerks Entry of Default
28. Service of Summons and Complaint Returned Executed (21 days)
32. Motion to Dismiss (cause or other)
Doug Crane moves to dismiss entire case on the basis that hackshield should be the one doing the suing and 'everyone else does it so they should be sued too'. No, seriously.
36. Motion to Dismiss (cause or other)
Process Server's copy of #32. Nothing interesting/new.
37. Stipulation for Protective Order
Everyone agrees that there may be information best left unreleased to the public revealed in this case and be governed by 37b.
37b. Proposed Protective Order
Looks like anything designated as "confidential" by either party is going to be redacted in all public documents.
39. Protective Order
Agreement to the terms of the protective order
40. MEMORANDUM in Opposition to Motion
Full name; PLAINTIFFS' OPPOSITION TO DEFENDANT DOUGLAS CRANE'S MOTIONS TO DISMISS FOR FAILURE TO JOIN PARTY
This is Nexon's 'beyotch, please' to Douglas' attempt to claim hackshield and every other infringing website have to be in the suit too for charges to be brought against them.
AKA "Why yes, we can in fact sue your sorry ass for your actions without having to sue everyone else simultaneously".
I was actually eagerly awaiting this one because, frankly, it was the stupidest defense I've seen yet and I can only hope it was a delaying tactic not serious.
42. Response in Opposition to Motion
More slapdown for Duglas Crane;
PLAINTIFFS' OPPOSITION TO DEFENDANT DOUGLAS CRANE'S MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND/OR TO TRANSFER VENUE
Basic premise; You did it. You know you did it. You already agreed to be tried here. Sucker.
Very enjoyable read.
42a. Declaration Lloyd Korn
LLoyd submitted his credentials, company history and a copy of the TOS.
42b. Declaration Marc Mayer
Other lawyer submitting large chunks of evidence. Interesting to read.
45. Application to Seal
OOo. Application is to submit spreadsheets full of people who bought cheats and hacks to avoid making their info public.
Even if granted we could get some interesting info from those.
46. Order on Application to Seal (document)
Request was granted, those spreadsheets are sealed. I believe they're the two items that show up as "content not available for download". Boo.
Reply (Motion related)
Kind of priceless rebuttal/plea that 'anyone couldve been using my account' because they have the 'log in as other user' feature installed.
vBulletin logs the IP address of each post... so impersonated posts can be clearly spotted. Wonder if that's been subpoena'd yet.
My gosh this one is hilarious.
Reply (Motion related)
Doug again tries to get the case dismissed. There's some funny third person speaking in here regarding Doug having run out of money and his lawyers abandoning him.
This case needs popcorn. The shadenfreude is vast.
50. Motion to Dismiss Case
In this one we discover (or at least are told) Doug is in fact the father of lonerboy, who is apparently 18, as he makes yet another plea for the judge to dismiss the case against his son now that he has spent every last dime he had trying to defend to him.
He's going for dismissal on grounds of laches, which is essentially an unreasonable delay in having brough forth the suit, since it's been nearly 5 years now.
Oh, how exciting, we're referenced in this one. Specifically http://www.southperry.net/showthread.php?t=11310 as an example of how nexon has known for years what the core of cheating is/was and where to go for it, but chose not to. Also our consumerist thread is used as evidence of Nexon's poor customer service.
Also references; http://www.southperry.net/showthread.php?t=3714
This one is pretty long, but an interesting mix of ranting and pleading. Also fun typos. Watch out for those "Rouges".
51. Motion for Order
LOL. Doug filed a motion to fobrid Nexon from using their Terms of Service as evidence since the one they submitted differs from the one actually on their site and most of it is unenforceable scare tactics (funny, I seem to recall having pointed that out before).
52. Service of Summons and Complaint Returned Executed (21 days)
Notice that AMARJOT GILL a/k/a "Alphaanriar", has been given summons by a process server.
53. Order
The court acknowledges both of Doug's motions, to dimiss case, and to throw out the Nexon TOS if case is not dismissed, and requires rebuttal from Nexon no later than September 5, 2012. Doug will be able to rebut the rebuttal till the 26th before the court makes a judgement.
Nice to see the judge isn't being an ass about the attempts.
54. Mail Returned
55. Mail Returned
56. Mail Returned
57. Mail Returned
As best I can make out the summons to Ryan Michael Cornwall failed to find him at the listed address.
It looks like they marked it "Insufficient Address"
Funnily enough google has this to say about him;
Ryan M Cornwall
(817) 386-0138
3451 River Park Dr, Apt 1112
Fort Worth, TX 76116-9581
Eesh. That's eerily detailed. Wonder how up to date it is. It also implies he lives there with his mother, Debra.
60. Declaration of Marc E. Mayer in Support of Request to Enter Default Against
Request for a default judgment against ThePhoneGuy for not replying. A similar request was filed against Jayce & Colin_
66. Order on Motion to Dismiss Case
The court has rejectected #50. Motion to Dismiss Case. It's been thrown out without prejudice, so it can be attempted again with better reasoning, if possible.
Disturbing side effect of this is that they're accepting Nexon's Terms of Use, so far.
68. Order
The court has rejected Dougs attempt to dismiss the case based on the excuses of: hackshield isn't involved, everyone else isn't being sued, and "i dont live in california".
Highlights of why it was rejected;
1) HackShields absence would not prevent "complete relief" among the existing parties as required
Furthermore, other district courts have not required that third-parties who create security technologies, be joined as plaintiffs.
2) With respect to the individuals who have provided similar hacking software, the Court finds that they are also not
"required" parties under either factors of Rule 19(a)(1).
Copyright infringers are treated collectively as joint-tortfeasors, and as such, plaintiffs may elect to sue whichever tortfeasor they elect to sue. Costello Publg Co. v. Rotelle, 670 F.2d 1035, 1043 (D.C. Cir. 1981).
Plaintiffs are seeking injunctive and monetary relief for Defendant Cranes own copyright infringement.
Plaintiffs are not required to join all possible infringers in the same action to afford complete relief here.
Vague assertions that others have also infringed will not allow Defendant to escape from defending his own actions.
Bolded for my own amusement, since that's one of the southperry appeal process reminders.
3) Jurisdiction / Venue both waived because he already accepted venue and by participating in court activities he implicitly accepted jurisdiction.
Some more interesting meat from this one regarding forum specific legalities;
"A lawsuit arises out of a defendants contacts with a forum state if there is a
direct nexus between the cause of action being asserted and the defendants activities in the forum."
"Here, Defendant Cranes contacts with the forum include the advertisement, distribution, and sale of allegedly infringing products to consumers in this state. These contacts are sufficient to satisfy the arising out of requirement given that "but for" the sale of products to California citizens, Plaintiffs would not have been injured"
So "I dont even live there" doesn't matter if you're selling products to citizens there and hurting a company there.
70. Request for Entry of Default
Motion to default judgement against "ALPHAAMAR" due to non-reply in 21 days.
70a. Declaration of Marc E. Mayer
Lawyer repeating same facts.
71. Stipulation for Judgment
Judgment against Douglas Crane; fined $750,000. Required to immediately cease and desist infringing.
72. Permanent Injunction
Motion for default judgment against Jayce, Coln, Linnyda, Alphaamar (again?) & "ThePhoneGuy". Nexon requests $575,518.88 damages, plus injunctions.
73. Clerks Entry of Default (CV-37)
77. Motion for Default Judgment
Motion for default judgment against Jayce, Coln, Linnyda, Alphaamar (again?) & "ThePhoneGuy". Nexon requests $575,518.88 damages, plus injunctions.
77a. Declaration of Marc E. Mayer
Interesting exbiits, evidence and correspondance
77b. Declaration of Lloyd Korn
Boring restatement of the claim in entirety. LLoyd must love cut and paste.
77c. Proposed Order
Nexon's version of what they want the judge to order. (Unofficial / not enacted).
78. Application for Order
Request for order to file exhibits under seal.
79. Order on Application for Order
Approval to file under seal.
88. Default Judgment
Judgement and permanent injunction against the following named defendents:
WILLIAM "BILLY" KEISTER a/k/a "ThePhoneGuy"; AMARJOT GILL a/k/a "Alphaamar"; DEREK OSGOOD a/k/a "Jayce"; COLIN JOHNSON a/k/a "Colin_"; LINDA LIU a/k/a "linnyda942";
$575,518.88 judgement, plus a permanent injunction to never participate in any further violations of Nexon's IP, including the list of specifically named products and anything like them.
92. Stipulation for Judgment
Proposed $750,000 judgement against
RYAN MICHAEL CORNWALL a/k/a "Riu Kuzaki" and "Alexandria Cornwall"; YANGYU ZHOU a/k/a "Yang Yu,"; DOUGLAS CRANE a/k/a "DJ" and "Lonerboy"; JEREMY SIMPSON; V.H. a/k/a "Vince"; DOE 1 a/k/a "Bizarro" and "Andrew," DOE 2 a/k/a "Cam1596," and DOES 3 through 10, inclusive,
(Oh look, Ryan signed this one, who wants his autograph for their wall?)
Same sort of restrictions as the other group, but wordier.
92b. Proposed Order
Reiteration of 92.
93. Permanent Injunction
JUDGMENT AND PERMANENT INJUNCTION AS TO DEFENDANT RYAN MICHAEL CORNWALL
Court order more or less approving the stipulations of 92 and granting it legal effect. Against Ryan only.
94. Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1))
Dismissal without prejudice of the following defendents due to lack of contact:
(1) YANGYU ZHOU a/lc/a "Yang Yu,"; (2) JEREMY SIMPSON; (3) V.H. a/lc/a "Vince"; (4) DOE 1 a/lc/a "Bizarro" and "Andrew"; (5) DOE 2 a/lc/a "Cam1596"; and (6) DOES 3 through 10, inclusive.
Contains a single page form listing Nexon, the defendent, and MapleStory v75 as the infringed material. PA 1-741-698 is apparently their registration number.
03. Report on Filing of Copyright Action (Initial Notification)
Real meat of the complaint.
14. Amended Complaint
Douglas Crane (Lonerboy)'s Rebuttal; Denies knowledge of anything and everything except his own physical location and Nexon's ownership of their material.
The affirmative Defenses are the only good reading and I'll be probing those shortly.
16. Answer to Complaint (Discovery)
Request to postpone court till Wednesday, June 6, 2012. Douglas Crane and Linda Liu are the only defendants responding so far.
20. Ex Parte Application to Continue
Court agrees to reschedule...
20. Proposed Order
Ryan Cornwall's Rebuttals. Denies everything similar to Douglas Crane with a bit more technical acknowledgement. Admits to creation and intended purpose of his various projects. The affirmative defenses are interesting but so are the technicality wrangling attempts in the various denials.
22. Amended Answer to Complaint
Request for a default judgment against Colin_ for not replying. A similar request was filed against Jayce.
25. Declaration of Marc E. Mayer In Support of Request To Enter Default Against Defendant
Derek Osgood a/k/a "Jayce"'s Default
26. Clerks Entry of Default
Colin Johnson a/k/a "Colin_"'s Default
27. Clerks Entry of Default
28. Service of Summons and Complaint Returned Executed (21 days)
32. Motion to Dismiss (cause or other)
Doug Crane moves to dismiss entire case on the basis that hackshield should be the one doing the suing and 'everyone else does it so they should be sued too'. No, seriously.
36. Motion to Dismiss (cause or other)
Process Server's copy of #32. Nothing interesting/new.
37. Stipulation for Protective Order
Everyone agrees that there may be information best left unreleased to the public revealed in this case and be governed by 37b.
37b. Proposed Protective Order
Looks like anything designated as "confidential" by either party is going to be redacted in all public documents.
39. Protective Order
Agreement to the terms of the protective order
40. MEMORANDUM in Opposition to Motion
Full name; PLAINTIFFS' OPPOSITION TO DEFENDANT DOUGLAS CRANE'S MOTIONS TO DISMISS FOR FAILURE TO JOIN PARTY
This is Nexon's 'beyotch, please' to Douglas' attempt to claim hackshield and every other infringing website have to be in the suit too for charges to be brought against them.
AKA "Why yes, we can in fact sue your sorry ass for your actions without having to sue everyone else simultaneously".
I was actually eagerly awaiting this one because, frankly, it was the stupidest defense I've seen yet and I can only hope it was a delaying tactic not serious.
42. Response in Opposition to Motion
More slapdown for Duglas Crane;
PLAINTIFFS' OPPOSITION TO DEFENDANT DOUGLAS CRANE'S MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND/OR TO TRANSFER VENUE
Basic premise; You did it. You know you did it. You already agreed to be tried here. Sucker.
Very enjoyable read.
42a. Declaration Lloyd Korn
LLoyd submitted his credentials, company history and a copy of the TOS.
42b. Declaration Marc Mayer
Other lawyer submitting large chunks of evidence. Interesting to read.
45. Application to Seal
OOo. Application is to submit spreadsheets full of people who bought cheats and hacks to avoid making their info public.
Even if granted we could get some interesting info from those.
46. Order on Application to Seal (document)
Request was granted, those spreadsheets are sealed. I believe they're the two items that show up as "content not available for download". Boo.
Reply (Motion related)
Kind of priceless rebuttal/plea that 'anyone couldve been using my account' because they have the 'log in as other user' feature installed.
vBulletin logs the IP address of each post... so impersonated posts can be clearly spotted. Wonder if that's been subpoena'd yet.
My gosh this one is hilarious.
Reply (Motion related)
Doug again tries to get the case dismissed. There's some funny third person speaking in here regarding Doug having run out of money and his lawyers abandoning him.
This case needs popcorn. The shadenfreude is vast.
50. Motion to Dismiss Case
In this one we discover (or at least are told) Doug is in fact the father of lonerboy, who is apparently 18, as he makes yet another plea for the judge to dismiss the case against his son now that he has spent every last dime he had trying to defend to him.
He's going for dismissal on grounds of laches, which is essentially an unreasonable delay in having brough forth the suit, since it's been nearly 5 years now.
Oh, how exciting, we're referenced in this one. Specifically http://www.southperry.net/showthread.php?t=11310 as an example of how nexon has known for years what the core of cheating is/was and where to go for it, but chose not to. Also our consumerist thread is used as evidence of Nexon's poor customer service.
Also references; http://www.southperry.net/showthread.php?t=3714
This one is pretty long, but an interesting mix of ranting and pleading. Also fun typos. Watch out for those "Rouges".
51. Motion for Order
LOL. Doug filed a motion to fobrid Nexon from using their Terms of Service as evidence since the one they submitted differs from the one actually on their site and most of it is unenforceable scare tactics (funny, I seem to recall having pointed that out before).
52. Service of Summons and Complaint Returned Executed (21 days)
Notice that AMARJOT GILL a/k/a "Alphaanriar", has been given summons by a process server.
53. Order
The court acknowledges both of Doug's motions, to dimiss case, and to throw out the Nexon TOS if case is not dismissed, and requires rebuttal from Nexon no later than September 5, 2012. Doug will be able to rebut the rebuttal till the 26th before the court makes a judgement.
Nice to see the judge isn't being an ass about the attempts.
54. Mail Returned
55. Mail Returned
56. Mail Returned
57. Mail Returned
As best I can make out the summons to Ryan Michael Cornwall failed to find him at the listed address.
It looks like they marked it "Insufficient Address"
Funnily enough google has this to say about him;
Ryan M Cornwall
(817) 386-0138
3451 River Park Dr, Apt 1112
Fort Worth, TX 76116-9581
Eesh. That's eerily detailed. Wonder how up to date it is. It also implies he lives there with his mother, Debra.
60. Declaration of Marc E. Mayer in Support of Request to Enter Default Against
Request for a default judgment against ThePhoneGuy for not replying. A similar request was filed against Jayce & Colin_
66. Order on Motion to Dismiss Case
The court has rejectected #50. Motion to Dismiss Case. It's been thrown out without prejudice, so it can be attempted again with better reasoning, if possible.
Disturbing side effect of this is that they're accepting Nexon's Terms of Use, so far.
68. Order
The court has rejected Dougs attempt to dismiss the case based on the excuses of: hackshield isn't involved, everyone else isn't being sued, and "i dont live in california".
Highlights of why it was rejected;
1) HackShields absence would not prevent "complete relief" among the existing parties as required
Furthermore, other district courts have not required that third-parties who create security technologies, be joined as plaintiffs.
2) With respect to the individuals who have provided similar hacking software, the Court finds that they are also not
"required" parties under either factors of Rule 19(a)(1).
Copyright infringers are treated collectively as joint-tortfeasors, and as such, plaintiffs may elect to sue whichever tortfeasor they elect to sue. Costello Publg Co. v. Rotelle, 670 F.2d 1035, 1043 (D.C. Cir. 1981).
Plaintiffs are seeking injunctive and monetary relief for Defendant Cranes own copyright infringement.
Plaintiffs are not required to join all possible infringers in the same action to afford complete relief here.
Vague assertions that others have also infringed will not allow Defendant to escape from defending his own actions.
Bolded for my own amusement, since that's one of the southperry appeal process reminders.
3) Jurisdiction / Venue both waived because he already accepted venue and by participating in court activities he implicitly accepted jurisdiction.
Some more interesting meat from this one regarding forum specific legalities;
"A lawsuit arises out of a defendants contacts with a forum state if there is a
direct nexus between the cause of action being asserted and the defendants activities in the forum."
"Here, Defendant Cranes contacts with the forum include the advertisement, distribution, and sale of allegedly infringing products to consumers in this state. These contacts are sufficient to satisfy the arising out of requirement given that "but for" the sale of products to California citizens, Plaintiffs would not have been injured"
So "I dont even live there" doesn't matter if you're selling products to citizens there and hurting a company there.
70. Request for Entry of Default
Motion to default judgement against "ALPHAAMAR" due to non-reply in 21 days.
70a. Declaration of Marc E. Mayer
Lawyer repeating same facts.
71. Stipulation for Judgment
Judgment against Douglas Crane; fined $750,000. Required to immediately cease and desist infringing.
72. Permanent Injunction
Motion for default judgment against Jayce, Coln, Linnyda, Alphaamar (again?) & "ThePhoneGuy". Nexon requests $575,518.88 damages, plus injunctions.
73. Clerks Entry of Default (CV-37)
77. Motion for Default Judgment
Motion for default judgment against Jayce, Coln, Linnyda, Alphaamar (again?) & "ThePhoneGuy". Nexon requests $575,518.88 damages, plus injunctions.
77a. Declaration of Marc E. Mayer
Interesting exbiits, evidence and correspondance
77b. Declaration of Lloyd Korn
Boring restatement of the claim in entirety. LLoyd must love cut and paste.
77c. Proposed Order
Nexon's version of what they want the judge to order. (Unofficial / not enacted).
78. Application for Order
Request for order to file exhibits under seal.
79. Order on Application for Order
Approval to file under seal.
88. Default JudgmentJudgement and permanent injunction against the following named defendents:
WILLIAM "BILLY" KEISTER a/k/a "ThePhoneGuy"; AMARJOT GILL a/k/a "Alphaamar"; DEREK OSGOOD a/k/a "Jayce"; COLIN JOHNSON a/k/a "Colin_"; LINDA LIU a/k/a "linnyda942";
$575,518.88 judgement, plus a permanent injunction to never participate in any further violations of Nexon's IP, including the list of specifically named products and anything like them.
92. Stipulation for JudgmentProposed $750,000 judgement against
RYAN MICHAEL CORNWALL a/k/a "Riu Kuzaki" and "Alexandria Cornwall"; YANGYU ZHOU a/k/a "Yang Yu,"; DOUGLAS CRANE a/k/a "DJ" and "Lonerboy"; JEREMY SIMPSON; V.H. a/k/a "Vince"; DOE 1 a/k/a "Bizarro" and "Andrew," DOE 2 a/k/a "Cam1596," and DOES 3 through 10, inclusive,
(Oh look, Ryan signed this one, who wants his autograph for their wall?)
Same sort of restrictions as the other group, but wordier.
92b. Proposed Order Reiteration of 92.
93. Permanent InjunctionJUDGMENT AND PERMANENT INJUNCTION AS TO DEFENDANT RYAN MICHAEL CORNWALL
Court order more or less approving the stipulations of 92 and granting it legal effect. Against Ryan only.
94. Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1))Dismissal without prejudice of the following defendents due to lack of contact:
(1) YANGYU ZHOU a/lc/a "Yang Yu,"; (2) JEREMY SIMPSON; (3) V.H. a/lc/a "Vince"; (4) DOE 1 a/lc/a "Bizarro" and "Andrew"; (5) DOE 2 a/lc/a "Cam1596"; and (6) DOES 3 through 10, inclusive.
It's not having what you want - It's wanting what you've got.
