I received another Letter from Tony Tiscareno. This is a DMCA claim on (I assume) the Kill Speed trailer I linked to. He doesn’t really say. I’m just a guessin.
I’d like to share with you all, including him and any of his friends, the response that is going out in the mail.
I am in receipt of your letter dated July 6, 2012 regarding the DMCA Takedown Notice RE: Kill Speed.
Since you did not specify what file it is that you claim I am hosting I can only guess that you are referring to the Kill Speed Trailer that I linked to on July 1, 2012 at this link:
Kill Speed Trailer.
You know..this one:
First of all, this is a link to a TRAILER for a movie called Kill Speed not the movie itself. You are referencing a screenplay titled Fastglass.
Secondly, as far as I have found through my research, you do NOT own the copyright to this trailer. I looked at the link you referenced in your letter which is for a copyright to a screenplay titled Fastglass 6th edition that was registered in 1996.
I would refer you to the link (below) that clearly shows the copyright information for the movie Kill Speed being registered in 2007:
The Kill Speed copyright is held by No More Games, LLC and NOT you, as you claim in your letter.
If you have a court order that evidences your ownership of the copyright to the film Kill Speed I’m sure you can get the sites hosting the trailer to remove it. In any case, my site is not hosting it. It is merely linking to it. If you check the link you will find it traces back to a different site entirely and is NOT on my webhost which is Underhost Inc. (http://underhost.com).
I would also like to direct you to a post I did last year that explains what a SLAPP suit is, and in response, what an ANTI-SLAPP motion is.
You can find that particular post here: SLAPP/ANTI-SLAPP.
The lawsuit that you are threatening me with equates to a SLAPP suit which is nothing more than an ill-advised attempt to infringe upon my freedom of speech. Should you choose to actually file a complaint against me, please be aware that I will IMMEDIATELY file an ANTI-SLAPP motion. At that time you will need to prove, to the court, that you legally own (not just say you own) the copyright that you are claiming (under penalty of perjury) in your letter(s), and for which I can find no evidence that proves your claim. Once you lose, and I have no doubt that you will lose, you will be responsible for all of my legal fees.
Mr. Tiscareno, all I have in the way of “evidence” that you own the copyright to Kill Speed are mere letters (supposedly written and sent by Tony Tiscareno) that “just say so.” And in the first letter you sent to me you claim you dismissed your lawsuit “Without Prejudice” against Epic Pictures and Kim Bass because neither had any “substantial assets from which to recover damages.” Well, not so fast…
First of all, the Federal Court documents in the case clearly show that the portion of the case against Epic Pictures and others was dismissed “With Prejudice” by the court and NOT by you as you erroneously stated in your letter. See court judgment here: Court Judgment
Secondly, you sent a letter to the judge in the case requesting that the remainder of your lawsuit (namely the copyright infringement claim against Kim Bass) be “Dismissed With Prejudice” because of your own “Personal Reasons” and NOT because Bass and Epic had no substantial assets. See copy of your letter to the judge here: Tony Tiscareno letter to judge
It appears to me to be abundantly clear that you are not being truthful, Mr. Tiscareno. In other words, it seems to me that your story does not add up. Let’s take a look at a few of the facts, shall we?
1.) You filed a federal lawsuit (demanding a jury trial) against Bass, Epic Pictures and others for ten million dollars claiming Bass (a successful, award-winning writer-director) plagiarized your screenplay.
2.) You paid your longtime writing instructor (James Delassandro) $500 to do a comparative analysis of your screenplay and Bass’ and to be your so-called “expert witness.” In my opinion, not exactly a neutral or unbiased opinion to be expected from the man who mentored you on the only screenplay you’ve ever written.
3.) According to court records, you also made multiple appearances in your portion of the Los Angeles County Superior Court case (BC377905) against Kim Bass, Jon Zimmerman (the cop in the trailer) and others. Not only was your portion of the case thrown out by the judge, I read that Jon Zimmerman (again, the cop in the trailer) and others were awarded sanctions against you in BC377905 in the amounts of $3,200 and $4,500. According to court records, you asked the Court of Appeal in Los Angeles to overturn the two sanction orders, but it refused. You then asked the Court of Appeal for a rehearing, but the Court of Appeal denied your request. You even asked the Supreme Court of California to overturn the sanction orders, but it refused. According to court records, Jon Zimmerman and the other respondents in your appeal were awarded their costs on appeal ($756.26) against you.
According to court records, you then filed a motion in BC377905 asking the judge, who ordered the $7,700 sanctions against you, to reconsider his two sanction orders, but that judge refused your request and sanctioned you an additional $4,000. Let’s see, if my math is correct that’s $12,456.26 in sanctions and costs on appeal imposed against you.
According to court records, you filed a lawsuit in Contra Costa County against the attorney who represented the people you sued in BC377905. The judge in your Northern California case ordered your case transferred to Los Angeles County Superior Court, ordered you to pay the transfer fee, and ordered you to pay a $6,485 sanction to that attorney for the attorney fees and costs he incurred making his motion to transfer (imagine that). According to court records, your motion for reconsideration was denied.
According to court records, you filed an appeal, but your appeal was dismissed by the Court of Appeal in San Francisco. I am wondering out loud if you have paid any of the $18,941.26 in sanctions and costs on appeal that were imposed against you. With interest on the sanctions and costs on appeal, I bet you owe over $20,000.
4.) You asked the judge in your copyright infringement lawsuit to dismiss your case against Bass for “personal reasons” just one week and a day away from your big day in court. Where is the sense of conviction in that? I submit non-existent by any measure or stretch of any half way intelligent individual’s imagination.
Mr. Tiscareno, your unsubstantiated claim that you own a movie based upon a screenplay you supposedly wrote nearly 20 years ago appears to me to be baseless and honestly, ridiculous.
This is something you could have, and should have, gotten to the bottom of in court with the case that you filed against the people involved in the making, marketing and distribution of the movie. The fact that Federal Court records show that most of your copyright lawsuit was dismissed by the judge (With Prejudice based upon motions by the defendants) and that you chose to dismiss what little was left of your case only eight days before the jury trial that you requested flies in the face of sound reasoning. My take is that there is something very wrong with this picture, and I don’t mean with Mr. Bass’ movie. Like I said in my review of it; I liked it a lot and I hope people support it by buying or renting it.
Mr. Tiscareno, your unsubstantiated and un-litigated claims have nothing whatsoever to do with me and I do not appreciate your toothless threats against me for simply writing a review of a film (I bought from a reputable retailer) and linking to its trailer.
Finally, as this is the second letter I have received from you claiming you own the copyright to a movie that was legally released by its documented copyright holder and licensees, and is being rented or sold by hundreds of vendors throughout the world (despite your claims and many courtroom appearances), I demand that you cease and desist contacting me with your threatening letters. You have now crossed the line into harassment when I have done nothing wrong or illegal, but merely exercised my First Amendment Right— Freedom of Speech.Share on Facebook