Shirokov v. Dunlap, Grubb & Weaver PLLC et al

Filing 55

Opposition re 42 MOTION to Dismiss The Second Amended Class Action Complaint filed by Dmitriy Shirokov. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Sweet, Jason)

Facts on the Cease and Desist Letter “Antichrist,”
BaumgartenBrandt to ipoque, 11/18/2009

CONFIDENTIAL
January, 2011
January 2011, CONFIDENTIAL

ipoque

Page 1

ipoque received a cease and desist letter for “Antichrist,”
which was in test screening
Facts about the Cease and Desist Letter
Recipient of Letter: ipoque GmbH, Mozartstr. 3, 04107 Leipzig
Issuer: BaumgartenBrandt, Attorneys at Law, Berlin
Note: “Independent Security Provider” is Guardaley.
Client: Zentropa Entertainments23 ApS
Work: Film “Antichrist”
Date, Time: 1/18/2009, 01:03:25 CET
IP Address: 79.222.120.152
Note: At the time in question, a test screening with this film was running at ipoque for a third-party order. It was our IP
address. It is a file in the BitTorrent Network (this information is not in the cease and desist letter).
Accusation: Offer to Download the Film by Release on the Hard Drive
Total Amount: 1,200.00 Euros
Deadline: 5/18/2010

January 2011, CONFIDENTIAL

ipoque

Page 2

The case is completely recorded and reproducible
Facts about the Cease and Desist Letter
The case was able to be completely reproduced.
This test screening was running on the PFS (Peer-to-Peer Forensic System), that ipoque itself uses for investigations of
copyright infringements in Peer-to-Peer networks. As a result, we recorded and saved the entire traffic recordings; the case
can thus be completely reproduced and demonstrated at any time.

We identified the other client (Guardaley)
The opposing investigators had the IP address 78.43.254.8 at the time in question. According to GoIP information, it is
Baden-Würtenberg Cable, Karsruhe. In the period from 21:00 on 11/17/2009 to 02:00 on 11/18/2009, there were five
different client hashes behind this IP address—one per file requested. At that time, we inquired about these files for
Antichrist. This information is not in the cease and desist letter. We analyzed them from our investigation data bank:
ClientHash:
human readable:
program and version:

January 2011, CONFIDENTIAL

2D5554313831302D36D33E2627698192889A38D1
-UT1810-66%3E%26%27i%81%92%88%9A8SI
-UT1810-

ipoque

Page 3

The Guardaley client transmitted a
characteristic bit field
Facts about the Cease and Desist Letter
We did not offer or upload.
Our client neither made an offer not did it upload, since, first, our P2P client informs all other clients that it does not
have anything, and, second, the client could not upload anything. We demonstrably (in the complete traffic
recordings) did not make a single transfer to this client.

The Guardaley client only inquired, but neither downloaded, nor sent us anything—ipoque also
transferred nothing.
The clients of the opposing IP always transmit a bit field 010101010101010101… (they thus claim to have every other,
and thus 50%, of the files).
Screen shot 1 shows this bit field.
Note: The screen shot was produced using Wireshark, an available program for the manual analysis of network traffic.

January 2011, CONFIDENTIAL

ipoque

Page 4

Screen shot 1: Bit field on the availability of pieces of the opposing client

January 2011, CONFIDENTIAL

ipoque

Page 5

At no time and in no direction did a transfer take place
Facts about the Cease and Desist Letter
Screen shot 2 is a seamless presentation of the complete occurrence resulting in the cease and desist letter.
1. It commences with the Handshake (Initiation of contact by the opponent)
2. TCP exchange (confirmation of the Handshake package, has nothing to do with the BitTorrent proceeding) → no
BitTorrent transfer or the like takes place here, there is only an exchange to make and terminate the TCP connection
3. Confirmation of the Handshake by us
4. Opponent transmits (apparently falsified) bit field (see note above, Screen shot 1)
5. Our response that we are interested.
6. TCP (Confirmation of the Interested package from the previous step by the opponent)
7. Opponent requests a specific piece (although it knows that we do not have anything, since we sent no bit field — see
note above)
8. TCP exchange (Confirmation of the request package by us)
9. Opponent again requests a piece
10. TCP (Confirmation of the request package by us)
11. TCP (Termination by us)
12. TCP (Confirmation by the opponent of the termination)
13. TCP(Termination by the opponent)
14. TCP (Confirmation by us of the termination)
Note: The screen shot was produced using Wireshark, an available program for the manual analysis of network traffic.

January 2011, CONFIDENTIAL

ipoque

Page 6

Screen shot 2: The complete proceeding resulting in the cease and desist letter

January 2011, CONFIDENTIAL

ipoque

Page 7