Copyright Enforcement Group’s (“CEG-TEK Int’l”) DMCA letters have been sent out to thousands of would-be “John Doe” copyright infringement defendants to date for the alleged downloading of pornographic films. The problem is that they often ask for MULTIPLE SETTLEMENTS FOR THE SAME DOWNLOADED TITLE.
BACKGROUND: Just in case you did not read my first article on Ira Siegel’s / CEG-TEK’s DMCA Scare Letters, I’m including these next two paragraphs to bring you up to speed.
Instead of CEG-TEK’s failed methods of suing hundreds of John Doe Defendants in one bittorrent lawsuit, CEG-TEK has concocted a turnkey method of scaring a would-be internet user into settling their case BEFORE THE PLAINTIFF EVEN FILES A LAWSUIT. Instead of a copyright troll paying a $350 filing fee and proving copyright infringement in front of a judge, and in lieu of hiring plaintiff attorneys to fight the ISPs in order to obtain the names, the addresses, and the phone numbers of would-be defendants (and noting that ISPs are no longer cooperating as easily as they used to), Ira Siegel and CEG-TEK have found a way using the Digital Millennium Copyright Act (DMCA) to have the ISP send letters to the alleged infringers, doing CEG-TEK’s dirty work for them.
The notice an ISP subscriber would receive would say something such as “Notice of Unauthorized Use of Registered Copyrights Owned by so-and-so,” followed by a Case #, a password, and CEG TEK International’s long and confusing “scare” letter threatening that if the defendant didn’t settle the claims against them online via their http://www.copyrightsettlements.com website (I am not including the link for obvious reasons of protecting your privacy; read my other article for details relating to IP address tracking, website failures, etc.), then Ira M. Siegel or one on CEG-TEK’s legal counsel would sue for violation of the U.S. Copyright Act, 17 U.S.C. 106.
The problem is that even though they are only asking for a settlement of
$200 for each title [UPDATE: $500 per infringed title (prices per title for some production companies have gone up)], CEG-TEK IS NOT FILTERING OUT DUPLICATE DOWNLOAD ATTEMPTS. So, a downloader who downloads a title such as Media Products, Inc. DBA Devil’s Film’s “It’s Okay! She’s my Step-Daughter” or Digital Sin Inc.’s “Fresh Outta Highschool” using bittorrent, and their bittorrent software attempts to connect to these files multiple times, -OR- if CEG-TEK monitors that you have downloaded various pieces of the same title multiple times (even when the IP address is the same), YOU WILL GET MULTIPLE LETTERS FROM YOUR ISP.
The problem I ask is — how does an accused downloader call up Ira Siegel — a KNOWN COPYRIGHT TROLL who has sued thousands of defendants for $150,000 per title, and who has sent out countless “scare” letters demanding thousands of dollars per title — how do you call up Ira Siegel and say, “yeah, I downloaded it,” ***ADMISSION OF GUILT*** “but I only did it once, not three times”???
Thinking with my jaded lawyer mind, part of me wonders whether CEG-TEK Int’l have purposefully left the duplicate titles on their DMCA notices to lure would-be defendants to call them up, admit guilt [that they have done the download, “but only once,” and then CEG-TEK and Ira Siegel would have all the ammunition that they would need to sue that downloader in federal court.
Anyway, I don’t need to say that an attorney (our firm or any other firm) could negotiate down the duplicate downloads without admitting guilt or incriminating you as you might do on your own if you called them yourself.
PERSONAL NOTE: I still hold the opinion that if they really have a claim against you than they should present their claim in the form of a lawsuit in federal court where a judge will make them prove their claims against you (and quite frankly, I am even more of the opinion that they should not be suing downloaders AT ALL [and that they should focus their efforts on taking down infringing content using the DMCA remedies given to them by the law]), but I also understand the economics involved with someone wanting to just make this go away at the early stages.
Once again, if you have not already done so, go back and read my initial article on CEG-TEK Int’l’s DMCA letters and what I think of them.