Flava Works Motions for Discovery; CEO files declaration
A Motion for Discovery has been filed in Flava Works, Inc. v. John Does 1-293, case no. 1:12-cv-07869. I wrote about this case when it was first filed.
First, let’s look at the Motion for Discovery, which reveals some information on how the BitTorrent swarm was monitored, and who monitored it:
Mr. Bleicher observed the BitTorrent swarms that were formed to copy and distribute the copyrighted works of Flava Works. (Exhibit A, par. 9.) He used Vuze software and Flava Works’ proprietary software to monitor and capture in real time BitTorrent swarms…
There is an attachment with the Motion, titled Declaration of Phillip Bleicher. Who is this person?
I, Phillip Bleicher, having been sworn, attests as follows:
1. I am the CEO and Webmaster of Plaintff, Flava Works, Inc. (“Flava Works”).
5. As CEO of Flava Works, I am responsible for implementing and supervising the monitoring of infringement of Flava Works’ copyrighted works. I have employees who monitor, track and document infringement of Flava Works’ copyrighted works. I supervise these employees and they report directly to me.
How was the swarm monitored?
10. I used Vuze software and Flava Works’ proprietary software to monitor and capture in real time BitTorrent swarms involved in distributing the copyrighted works of Flava Works.
There’s no further information on the name or details of the proprietary software used.
Here is the motion in full:
And the attached declaration: