You may remember that I have written several times in Aviation Criminal about a copyright infringement lawsuit” (case number 2:10-cv-00440) that was filed during 2010 by a fellow named Tony Tiscareno in the U.S. District Court for the Central District of California in Los Angeles regarding a screenplay, “FASTGLASS,” Tiscareno allegedly wrote more than a decade earlier. “FASTGLASS” should not to be confused with a similarly named screenplay, “Fast Glass,” written by Kim Bass that I also have discussed in AC. The federal judge, S. James Otero, dismissed that case against five of the defendants with prejudice (Tiscareno couldn’t sue them again) because Tiscareno failed to state a proper legal claim against them. During May 2011, only eight days before the trial was scheduled to begin on Tiscareno’s copyright infringement claim against Kim Bass, Judge Otero, acting at Tiscareno’s request, dismissed that claim without prejudice and the trial never occurred. Talk about a waste of time and money for everyone.
Back in July 2012, I explained Tiscareno had sent me a letter demanding that I remove a recent post on Aviation Criminal about the movie, “Kill Speed,” because it contained a link to a trailer that allegedly infringed upon a copyright Tiscareno allegedly owned in a screenplay, “FASTGLASS,” Tiscareno allegedly wrote more than a decade earlier (I know, I wrote “allegedly” three times ). Because the linked video was hosted on YouTube and for other reasons, I disagreed with Tiscareno’s copyright infringement accusation against me and I pretty much told him to take a leap in a subsequent AC post.
Well, it’s been more than six months since I received Tiscareno’s demand letter and I want to let you know what has been happening. It will take a while so this is the first installment about my involvement with Tiscareno in the federal civil judicial system.
On July 23, 2012 Tiscareno filed a copyright infringement lawsuit (case number 4:12-cv-03841) in the U.S. District Court for the Northern District of California against me and he also named Netflix, Blockbuster, Kim Bass (the writer & director of “Kill Speed”), and Eric Norwitz (an attorney) as defendants. Tiscareno filed his complaint in San Francisco (remember Mach One Aviation Inc. sued me in Las Vegas – how interesting). The case was assigned to a magistrate judge, but Tiscareno requested an Article III judge (which he had a right to do) and the case was re-assigned to the Honorable Phyllis J. Hamilton in Oakland (still pretty far from my Los Angeles area residence).
Even though Eric Norwitz was also a defendant, I hired him as my attorney in the federal case because I was aware of his previous legal work defending people against Tiscareno in L.A. Superior Court case BC377905 that resulted in $11,700 in sanctions being imposed against Tiscareno. After my attorney sent a letter to Tiscareno demanding that his federal case be dismissed, Tiscareno filed a first amended complaint for copyright infringement that dropped Kim Bass as a defendant and added “Underhost Networks, Ltd., a Canadian Company” as a defendant. Tiscareno has sued Kim Bass three times since 2008 without any success.
According to Tiscareno’s first amended complaint, I allegedly helped promote, exploit, and distribute copyrighted property that allegedly was stolen from Tiscareno, who is asking for $300,000 in actual damages, $900,000 in treble punitive damages, and other relief.
To be continued….Share on Facebook