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Archive for the ‘Federal Criminal Law’ Category

Copyright Enforcement Group (a.k.a. CEG-TEK) and RightsCorp at first glance look alike, but they are different animals. While they both use the DMCA laws (or with CEG-TEK, their foreign-country’s equivalent) to send letters to internet users accusing them of copyright infringement, and while they both attempt to force account holders to pay a “settlement fee” to settle all claims claimed against them, the mechanisms of how they operate are quite different.

True, both CEG-TEK and RightsCorp send DMCA notices to ISP subscribers (internet users). CEG-TEK (currently) asks for a settlement of $300 per title (C$225 for account holders in Canada), and RightsCorp asks for $20 per title.

The big difference between CEG-TEK and RightsCorp is that CEG-TEK releases the accused downloader from liability when the settlement is paid; in CEG-TEK’s contract, there is NO ADMISSION OF GUILT (UPDATE: CEG-TEK recently updated their settlement agreements and now they have an inflammatory “admission of guilt” provision, speak to your attorney about this), whereas RightsCorp contracts explicitly have the settling party admit guilt in an “I did it, I’m sorry, I’ll never do it again” fashion. This ‘admission of guilt’ issue was the initial reason I wouldn’t work with RightsCorp.

There are obviously other issues with CEG-TEK settlements that we’ve discussed before, just as there are obvious issues with RightsCorp settlements (namely, with RightsCorp, many have reported that after paying one $20 settlement, they received 10-40 additional infringement notices, whether or not the downloads actually happened).

Lastly, there are customer service differences between CEG-TEK and RightsCorp. CEG-TEK retains multiple individuals who respond to inquiries and convince those who call in [with inquiries, objections, and website troubles in processing payment] to pay the requested settlement amount or face a lawsuit. They have been known to claim that they record the conversations (watch out for this, as an admission of guilt here can be used against you, as can a lie later be used against you later in a perjury claim).

The important thing to note about CEG-TEK is that CEG-TEK DOES NOT SUE PEOPLE. Rather, they are a SERVICE PROVIDER providing COPYRIGHT INFRINGEMENT SERVICES TO THEIR CLIENTS (namely, the copyright holders). CEG-TEK has also been known to scrape the list of callers to ascertain their identities (although this used to happen before we learned that they are now able to obtain [from select ISPs] the geolocation data identifying where the download took place). Thus, if a settlement is not reached, they forward the file over to the copyright holders to allow them to follow-up with the accused downloader using their own attorneys.  At this point, CEG-TEK is out of the picture.

Well, to be accurate, first CEG-TEK has their own attorney Marvin Cable send out settlement demand letters asking for $1,750 per title, and only after he is unable to obtain a settlement from the accused downloader, only then do they forward the file over to the copyright holder(s) for their own attorneys to do what they will with it. This is where in my opinion the “ignore” route can result in an accused downloader being contacted by an attorney requesting a settlement, this time asking for a significantly higher amount. Again, depending on the COPYRIGHT HOLDER [namely, whether they have sued in the past (you can look this up on http://www.rfcexpress.com), and whether they intend to sue again in the future], this is how to best determine whether to ignore or settle the claims listed on the CEG-TEK website.

In my opinion, this CEG-TEK policy of “we forward your file over to the copyright holders” is where the misuse of that information *can* originate. Not all copyright holders are upstanding citizens (note to self to write about how a particular action might be illegal or unethical, but we see lawyers doing it anyway, unpunished — “LEGAL, BUT NOT LAWFUL”), especially considering that most of Ira Siegel’s clients are adult entertainment companies (pornography), and their lawyers do not think twice before reminding the accused downloaders that they could be involved in a lawsuit for the download of pornography.

RightsCorp has its own set of problems. First of all, aside from the settlements having accused downloaders admit guilt to one or more downloads, there is a difference in the validity of the claims between RightsCorp and CEG-TEK.  RightsCorp’s initial claim may be valid, but the many follow-up claims have been said to be fabricated.  Contrast this to CEG-TEK — CEG-TEK sends an infringement notice within days of a download taking place, but when the internet user logs in to CEG-TEK’s site, CEG-TEK’s computers have already searched and found any older downloads somehow linked to that internet user (based on the geolocation provided to CEG-TEK, presumably by the ISPs themselves, and also based on the list of IP addresses leased to the subscriber over how long the ISP keeps these lists of past IP addresses based on their “IP retention policy”).

NOTE: There is more to say here, but the jist is that CEG-TEK uses fuzzy science (same geolocation, same bittorrent software, same port number) to link cases together.  This causes problems when CEG-TEK’s system links together multiple tenants’ downloads in an apartment complex or dorm, or when an unlucky VPN subscriber receives an infringement notice containing all of the downloads from the hundreds of other users connecting through that same VPN IP address.

And, while CEG-TEK provides what they call “Customer Service” (a.k.a., “tell me about what a bad boy you were so that I can thank you for admitting guilt and force you to settle or face a lawsuit”), last I checked (and admittedly, it has been some time) there is ABSOLUTELY NO CUSTOMER SERVICE from RightsCorp. Yet, RightsCorp won’t hesitate calling you with their Robocalls all day and night.

Lastly, the biggest difference between CEG-TEK and RightsCorp is that whereas RightsCorp is financially a “sinking ship,” and last I checked, their stock price dropped to $0.06 per share on the stock exchanges, CEG-TEK has only been *expanding* their operations, growing in size, expanding into other counties (most recently, sending copyright infringement notices in Canada), openly speaking about hiring foreign attorneys to enforce their clients copyrights, and they even have been going into other areas of intellectual property (e.g., going after those who sell counterfeited goods over the internet).

In sum, Copyright Enforcement Group in my opinion is the “big bad wolf” of copyright infringement, yet they do everything they can to keep their “paws” clean. What has always bothered me about them (other than that former plaintiff attorney Ira Siegel‘s name appears on each of their settlement demand letters), is that with their growth comes the ability to push around attorneys and internet users with boilerplate settlement agreements, (recently) new terms on their settlement agreements which are less friendly than the former friendly terms, and the ability to continually raise the settlement amount (which was initially $200, then $250, then $300), and nobody can do anything about it.

“Settle or ignore,” it does not matter to CEG-TEK.

As for RightsCorp, I still hold by what I said almost 24 months ago. I see no reason to get involved with them, as they have always been a sinking ship. It is only a matter of time before they are bought out by someone else.

NOTABLE RIGHTSCORP ARTICLES (from Slyck.com):
Rightscorp’s Red Bottom Line Gets Larger and so Does its List of Copyrights to Protect (8/19/2014)
Rightscorp Scores More Copyrights to Protect from The Royalty Network (7/11/2014)
Rightscorp, ‘We Aim to Protect Millions of Copyrights as we Continue to Lose Money’ (5/14/2014)
Rightscorp Sets its Sights on the Pay-Up or Else Program for UK Pirates (5/7/2014)
Rightscorp Scores Again, Gets 600 Copyrights from Rotten Records to Protect (4/16/2014)
Rightscorp Adds 13,000 More Copyrights From Blue Pie Records to Protect (3/31/2014)
Rightscorp Publishes its Full-Year & Fourth-Quarter 2013 Financial Report (3/26/2014)
Downloaders Beware; Rightscorp Now Monitoring Billboard Hot 100 Songs (2/28/2014)

COPYRIGHT ENFORCEMENT GROUP (CEG-TEK) ARTICLES (from this blog):
Canada begins receiving CEG-TEK DMCA settlement letters. (3/12/2015)
How time limits / purged records stop a copyright holder from learning a downloader’s identity. (12/18/2014)
CEG-TEK’s growing list of participating ISPs, and their NEW alliance with COX Communications. (11/12/2014)
The Giganews VPN Problem (11/12/2014)
CEG-TEK is now your friendly “photo” copyright troll. (6/13/2013)
CEG-TEK’s new “you didn’t settle” letters sent from Marvin Cable. (3/22/2013)
CEG-TEK’s DMCA Settlement Letters – What are my chances of being sued if I ignore? (2/22/2013)
Why CEG-TEK’s DMCA settlement system will FAIL. (2/22/2013)

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It has been almost a full day since yesterday’s historic Prenda flop where the attorney for Prenda Law Inc. (formerly, Steele|Hansmeier, PLLC and before that, Steele Law Firm PLLC) appeared to be woefully unprepared to overturn the sanctions that were ordered against Prenda Law and their team. (Flashback: “The 12 minute hearing and the end of Prenda Law Inc.” on 4/3/2013)

For those of you who missed it, you can watch the entertaining video here (fast forward to the tall guy).

As a quick recap, two years ago, Prenda Law was caught forging the name “Alan Cooper” on the copyright assignment documents which gave them the apparent authority to sue on behalf of their clients. The “real” Alan Cooper (John Steele’s gardener) who was the victim of identity theft hired an attorney, showed up at one of Prenda’s hearings, and served John Steele with his own lawsuit.

I don’t know how to explain what happened in a recap other than that the whole “house of cards” that was Prenda Law Inc. was unraveled — not because of the Alan Cooper forgery issue, but because John Steele couldn’t stay away from the cases when he successfully made the courts believe that he sold his Steele Hansmeier PLLC law firm to Paul Duffy. Shortly afterwards, he resumed making phone calls and openly running things himself, and he started showing up at hearings and speaking to the judges. This is what tipped off Judge Otis Wright to ask who the real parties in interest were in these lawsuits.

Personally, it jaded me a bit to see that after being caught (having their grand scheme exposed by good lawyers), the lawyers for Prenda continued their stories of misinformation by lying under oath in their depositions and in court proceedings. Further, I was annoyed when I learned about the scheme unfold in its entirety, including the creation of various offshore entities created to funnel settlement payments, and where Prenda peddled the blatant lie that Mark Lutz (the paralegal) was the mastermind behind the lawsuits.

Being behind the scenes when all this was happening, I was also hearing about issues of Prenda Law lying to, not paying, and in one notorious case, turning against their own local counsel who put their law licenses in jeopardy to file the lawsuits on Prenda’s clients’ behalf. Lastly, there were even more issues that I was privy to that never even made it into the courtroom, namely what appeared to be a credible accusation that Prenda Law Inc. was uploading and seeding their own clients’ content on the bittorrent networks — the same bittorrent swarms in which they sued the internet users for downloading the content they uploaded.

My own thought process was that the proper judicial response was 1) for the federal judges to serve as the “guardians of the gates” of the federal courts [e.g., to kill the copyright infringement cases as they are filed based on principles of improper joinder, etc.], and 2) to prevent the attorney(s) at this point from practicing law through the remedies of suspension and disbarment through their local bar associations. If the attorney persists, the attorney(s) should be charged with the unauthorized practice of law. Yet none of this happened. A lawyer (who for the purposes of this article will remain private) filed ethical charges against John Steele to have him disbarred, and in return, Steele filed ethical charges against him [a story for him to tell, not my secrets to tell].  Then, Steele at some point appeared to have voluntarily disbarred himself and retired from the practice of law, and his organization went inactive in the Illinois state registry. Yet his involvement in the cases persisted.

Thus, I was not surprised when Judge Wright wrote his order sanctioning John Steele, the Hansmeier brothers, and all those involved in the conspiracy. What surprised me was their hubris in that they continued fighting after they already lost. This is why I call the Prenda Law fiasco a “circus.” Everybody continues to argue in circles, but nobody goes to jail.

So, getting back to yesterday’s hearing (YouTube Link), there were THREE ITEMS that I took note of in what was perhaps the most entertaining 3-panel judge hearing I have ever seen.

ITEM 1) John Steele and the Hansmeiers were quite upset that Judge Wright implicated them as having broken criminal laws, and even though they were never charged for the violation of those laws (which I could only guess include identity theft [forgery], extortion, perjury, fraud, and perhaps even money laundering and/or racketeering). [NOTE: There were other acts allegedly committed, including the unauthorized practice of law, violation of countless ethical rules including compensating a non-attorney as a partner of the law firm, alleged tax evasion, and misuse of corporate structures after they were dissolved, etc.] Many of these acts if looked into could make the principles of the law firm personally liable for any charges without the protection of a corporate entity.

They appear to have hired attorney Daniel Voelker for the sole purpose of disputing the $200K+ in sanctions awarded against them because Judge Wright implicated them in a lawsuit which they tried their darnedest to keep at an arms length through the use of legal structures, funneling money into offshore entities, using the paralegal as the “fall guy,” and through the use of local attorneys. But rather than arguing against the sanctions award on the merits of whether it was proper to award the sanctions, they appear to have been offended by the implication of having broken criminal law in what Judge Pregerson called “an ingenious extortion fraud [scheme].” Thus, they instructed attorney Voelker to request that the court REMAND (meaning, return to the lower courts as a “do over”) the case to the U.S. District Court so that they can properly defend the insinuation that they committed one or more crimes while running what was — at the time — the most successful copyright trolling extortion scheme in existence.

ITEM 2) Attorney Daniel Voelker appeared to be woefully unprepared for the hearing. When asked about the details of the various copyright troll lawsuits filed by Prenda Law Inc. / Steele Hansmeier PLLC / Steele Law Firm, PLLC, he was unaware of anything other than what was the subject of the appealed case. This was surprising to the judges, it was surprising to me, and I am sure it was surprising to the hundreds of “fans” who were watching the hearing live and streamed over the internet. How could this attorney not be aware of the hundreds of other filings that his client took part in?!?

I also want to point out that YET AGAIN, STEELE, HANSMEIER, AND MARK LUTZ THE PARALEGAL WERE NOTORIOUSLY ABSENT FROM THE PROCEEDINGS.

ITEM 3) Simplifying the discussions of damage multipliers and other damages issues that were discussed, the jist of what the judges needed to decide were 1) whether to uphold the sanctions award against Prenda Law and company, and 2) whether to remand the case so that the questions of criminal conduct could be hashed out.

IN MY OPINION, again, this whole Prenda Law fiasco is a circus. John Steele and his buddies have been “gaming” the system since they began, and even when their whole scheme came tumbling down around them, they turned to lying, cheating, and misdirection in order to get around the rules.

Nothing will right the wrongs that were inflicted on tens of thousands of internet users except seeing each of these attorneys disbarred and jailed for criminal conduct. Yet I cannot see this happening because notorious criminals today too often go uncharged. Judges too often find the “lazy” alternative of slapping an attorney with sanctions, and then not following up on their order when the attorney weasels their way out of paying those sanctions. This is a sign of a corrupt system, and as much as I have faith in the law, I do not have faith that the judges will inflict stern judgement (“fire and brimstone”) against a bunch of lawyers who look more like a**clowns in the courtroom.

Thus, it is my best guess that the sanctions will not only be upheld, but they will be strengthened and perhaps multiplied. However, as for the criminal prosecution of the clowns who perpetrated this grand heist of an extortion scheme, their activities will go unpunished. Maybe they’ll lose their law licenses (noting that in part, this has partially happened to some of them). Maybe they’ll be held personally liable without the shielding of the corporate entities they tried to use to hide their involvement in these cases. Maybe one or more of them will need to continue to hide their money indefinitely and file for bankruptcy. Maybe one or more of them will need to move out of the country and live out their days on a beach somewhere.

I don’t see orange jumpsuits in anyone’s future here. Not in today’s lawless society.

 

USEFUL ARTICLES ON YESTERDAY’S HEARING:

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It occurred to me that there is some confusion as to the effect the amount of time ISPs keep IP address logs (linking a particular IP address to a particular subscriber) have on whether those records will be available to the copyright holder if a lawsuit is filed after that time period has elapsed.

The question that sparked this post is as follows:

If CEG-TEK hasn’t subpoenaed someones identity, but the ISP only retains IP information for one year, then after a year it would essentially be impossible for CEG-TEK to obtain the identity correct?

My answer:

In order to understand what is going on, it is important to know who-is-who, and who does what.

I: CEG-TEK (a.k.a. Copyright Enforcement Group):  CEG-TEK hasn’t sued anyone in two years, and thus there are never subpoenas sent to the ISPs.  CEG-TEK is hired by the copyright holders 1) to track the IP addresses of accused downloaders, 2) to maximize the settlement payment by establishing connections between current accused downloads and other “older” downloads that happened at that same location (using IP address geolocation data), 3) to elicit payment in the form of “settlements” from the accused users via their settlement website, and 4) to provide attorney enforcement for those who choose not to settle via the website.

How they do this: CEG-TEK establishes relationships with the ISPs (internet service providers, e.g., Charter, CenturyLink, Giganews, etc.) and they arrange for the ISPs to forward the DMCA settlement demand letters to their subscribers.  CEG-TEK has a website they use to elicit payments from accused downloaders.  Lastly, they have attorneys (e.g., Marvin Cable) who follow-up with accused downloaders (sometimes asking for increasingly larger amounts of money).  Contrary to what is said by the attorneys, neither CEG-TEK nor their lawyers [at the moment] sue people.

II: COPYRIGHT HOLDERS (generally, the production companies): After failing to receive a settlement via the CEG-TEK settlement process, the copyright holders themselves hire out attorneys who enforce their copyrights against those subscribers who “ignored” CEG-TEK’s offers to settle.  Sometimes the attorneys are no-name attorneys, and other times, they are prolific copyright trolls such as from the law firm of Lipscomb and Eisenberg (best known as the attorneys for the Malibu Media lawsuits).

III: ISPs (internet service providers, including Universities and select VPN service providers): ISPs generally hold IP address data (and to which subscriber it was assigned to, and on what date) for one year — check your ISP’s “IP retention policy.” Congress and the RIAA/MPAA are pushing to increase this amount of time to 18 months.  For comparison purposes, in 2010, IP address data was kept for only 6 months. 

NOTE: After the ISP’s “IP retention policy” time limit elapses, if there are no copyright infringement claims, legal claims or requests on a particular IP address assignment record, they will purge that record from their database, meaning that lawsuits, subpoenas, or requests filed AFTER DESTRUCTION will not reveal the subscriber’s identity because that data is no longer available.

HOWEVER, most ISPs have a SECOND DATABASE — this second database holds IP address assignment records which have had claims of copyright infringement asserted against the subscriber, and these records are often kept indefinitely. Thus, if a lawsuit happens YEARS later (even after the IP retention policy date has expired), the data indicating which subscriber was assigned what IP address on what date and time IS RETAINED and will be available to the copyright holders and their attorneys when suing subscribers.

Lastly, (and I did not include this in my initial response,) it is my experience that ISPs generally forward DMCA settlement demand requests LITERALLY WITHIN DAYS of the accused download actually happening.  For example, Charter literally pumps out letters to their subscribers FOUR DAYS after the downloads happen.  Now obviously there are hiccups where a subscriber will receive a pile of infringements at one time, or an infringement notice is withheld until after the CEG-TEK due date has passed, but in my understanding, when this happens, it is either a business-related issue between CEG-TEK and the ISP, or a staffing issue in the subpoena / abuse department at the ISP.

Thus, where CEG-TEK is concerned, I have never heard of a situation where CEG-TEK demands that the ISP forward a letter to a subscriber and the ISP denies that request based on the ISP’s IP retention policy making the subscriber’s information unavailable.

As far as copyright lawsuits in general, yes, the IP retention policy does factor in to when a lawsuit is filed.  I have personally seen a handful of copyright infringement lawsuits filed against John Doe Defendants fail because the ISPs were unable to identify the identities of the accused subscribers because the plaintiff took too long to file the lawsuit (or a judge took too long to approve the subpoena to the ISP demanding the identities of the accused subscribers), and by the time the request or subpoena was received by the ISP, the IP address assignment records were already purged.

Thus, even though a plaintiff copyright holder does have three years from the alleged date of infringement to file a lawsuit against an accused subscriber, they are still bound by the ISP’s IP retention policy if they wish to ever identify the accused subscriber.  That being said, it is the “SECOND DATABASE” which trips up most individuals, as many individuals accused of copyright infringement are not aware that ISPs keep certain IP address assignment records indefinitely (or for a prolonged period of time), and these IP address assignment records are those which have been flagged by a copyright holder, attorney, or other law enforcement agency prior to the expiration of the ISP’s IP retention policy.


UPDATED COPYRIGHT ENFORCEMENT GROUP (CEG-TEK) ARTICLES (from this blog):
Canada begins receiving CEG-TEK DMCA settlement letters. (3/12/2015)
How time limits / purged records stop a copyright holder from learning a downloader’s identity. (12/18/2014)
CEG-TEK’s growing list of participating ISPs, and their NEW alliance with COX Communications. (11/12/2014)
The Giganews VPN Problem (11/12/2014)
CEG-TEK is now your friendly “photo” copyright troll. (6/13/2013)
CEG-TEK’s new “you didn’t settle” letters sent from Marvin Cable. (3/22/2013)
CEG-TEK’s DMCA Settlement Letters – What are my chances of being sued if I ignore? (2/22/2013)
Why CEG-TEK’s DMCA settlement system will FAIL. (2/22/2013)

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I believe it is the duty of the copyright holders to “police their own copyrights,” meaning, if a company sees a bittorrent tracker or website hosting an unlicensed copy of their copyrighted work, BY ALL MEANS, issue a DMCA takedown notice to the website or to the bittorrent tracker, and that torrent will be GONE AND UNAVAILABLE for downloaders to take the content.

Rather than doing this, copyright holders hire CEG-TEK to target EVERY SINGLE DOWNLOADER with a letter forwarded by various ISPs, VPN providers, or university IT departments who are cooperating with CEG-TEK (sometimes for profit). Account holders receive “notice of infringement” letters sent directly to them either via an e-mail, FedEx, or a screen pop-up link along with a notification that they have violated the ISP’s terms of service. CEG-TEK’s letters now ask for $250-$300 per download, and they direct the accused downloaders to the “Copyright Settlements” website (http://www.copyrightsettlements.com) with a link which pre-populates the assigned Case Number and Password into the website.

With the cooperation of the ISPs in forwarding CEG-TEK’s letters to accused downloaders, there is no longer an anonymity barrier between the accused downloaders and the copyright holders as there once was when CEG-TEK would need a court order to access the identities of the accused downloaders. Now, since various ISPs and universities (e.g., Charter, Suddenlink, CenturyLink, Giganews/VyprVPN, etc.; NOTE: Comcast, Verizon, and the other big ISPs appear NOT to be working with CEG-TEK for the moment) have been useless in stopping the copyright holders from contacting the account holders, other than hiring a lawyer such as myself to create a buffer between the copyright holders and the accused account holders, bittorrent users should probably be aware of which companies are using this extortion tactic of “we will sue you unless you pay us money for the video you have downloaded.”

Here is a list I compiled from my own records as to which copyright holders are [at the moment] using Ira Siegel and CEG-TEK to “monetize” their “most pirated” copyrights. I want to point out that I am conflicted as to whether to post this list because the list itself can be deceiving — a title “not” on this list can still be monitored, and by no means am I suggesting that someone avoid these titles and download others. Perhaps by listing which companies are enforcing their copyrights using this extortion-type of “settle or else we’ll sue” method, it might shame the companies into doing something a bit more ethical (e.g., by policing their own copyrights and issuing DMCA takedown letters rather than attacking the downloaders as a means for financial revenue):

Axel Braun Productions
– “Batman XXX: A Porn Parody”

Celestial Inc., DBA Lethal Hardcore
– Fuck My Mom and Me 17

Cinderella Distributors Inc.
– Backdoor To Hollywood 6

Coast to Coast Video
– Older Women Younger Men 16

Combat Zone Inc.
– Daddy’s Little Princess #2

Daring Media Group
– Pretty Woman

Diabolic
– Swallowing is Good For You

Digital Sin, Inc.
– All About Ashlynn 1
– Incestuous
– Little Darlings
– My Anal School Girl
– My Plaything Ashlynn Brooke
– Perfect Little Pussy
– The Family That Lays Together
– The Innocence Of Youth #3, #5, #6
– This Is My First… A Gangbang Movie

Echo Alpha, Inc. DBA Evil Angel
– Fetish Fanatic 12
– Fetish Fuck Dolls 3
– Raw 16
– Rocco’s Perfect Slaves 3
– Rocco’s Young Anal Adventures

Fallout Films
– Naughty Girls 2

Froytal Services Limited DBA Babes
– Abrasador
– Amatores
– Dancing With Myself
– Hearts Racing
– Love Encounter
– Raving With Pleasure

Froytal Services Limited DBA Brazzers
– Dani’s Back and Ready to Play
– Driving Mrs. Madison Wild
– I Can Walk!!!
– Miss Titness America
– Mommy Got Boobs 15
– Sharing My Roommate’s Cock (Milfs Like It Big)
– Slutty Sorority Contest
– Teens Like It Big 12
– The Dangers of Working From Home (Kiki Minaj)

Froytal Services Limited DBA Mofos
– Best Vacation Ever! (Ivy Laine)
– Cheerleader Fantasy
– Flashing Gets Her Whatever She Wants
– Fun And Sex Games
– I Make It Rain On Your Tits (I Know That Girl; Dillon Harper)
– Jewels for the Duch-ASS
– Rub a Dub Gimme a Tug
– Swinging Slut Buffet

Froytal Services Limited DBA Twistys
– Burnin’ Luv
– Cum Over And Taste..

GGW Direct, LLC DBA “Girls Gone Wild”
– ALL NEW COLLEGE GIRLS EXPOSED VOL 1
– ALL NEW COLLEGE GIRLS EXPOSED VOL 2
– ALL NEW COLLEGE GIRLS EXPOSED VOL 3
– ALL NEW COLLEGE GIRLS EXPOSED VOL 4
– ALL NEW COLLEGE GIRLS EXPOSED VOL 5
– ALL NEW COLLEGE GIRLS EXPOSED VOL 6
– Baby Bash Live & Uncensored
– Bad Girls 2
– BEACH BABES 3
– BEHIND CLOSED DOORS
– Best Breasts Ever
– BEST BREASTS EVER 2
– Best of Blondes 2
– Celebrity Look-A-Likes
– CO-ED TRYOUTS
– CO-ED TRYOUTS 2
– CO-ED TRYOUTS 3
– DADDY’S LITTLE GIRLS
– Endless Spring Break 3
– Endless Spring Break 4
– Endless Spring Break 5
– Endless Spring Break 6
– Endless Spring Break 7
– Endless Spring Break 9
– Endless Spring Break 10
– Endless Spring Break 11
– Endless Spring Break 12
– Endless Spring Break 13
– Endless Spring Break 14
– EXTREME ORGY 1
– EXTREME ORGY 2
– EXTREME ORGY 3
– FIRST TIMERS
– FIRST TIMERS 2
– Freshman Class
– FRESHMAN ORIENTATION 1
– FRESHMAN ORIENTATION 2
– FRESHMAN ORIENTATION 3
– FRESHMAN ORIENTATION 4
– GGW – Extreme Sex
– GGW – On Tour 1
– GGW – On Tour 2
– GGW – On Tour 3
– GGW – On Tour 4
– GGW – On Tour 5
– GGW – On Tour 6
– GGW – On Tour 7
– GGW – On Tour 8
– GGW – Sweet Young Sex Maniacs
– GIRL POWER
– GIRL POWER 2
– GIRL POWER 3
– GIRL POWER 4
– GIRL POWER 5
– GIRL POWER 6
– GIRL POWER 7
– GIRL POWER 8
– GIRL POWER 8
– GIRL POWER 9
– Girls On Girls
– GIRLS WHO CRAVE SEX
– GIRLS WHO CRAVE SEX 3
– Girls Who Like Girls
– GIRLS WHO LIKE TOYS
– Horny Cheerleaders
– HORNY SCHOOL GIRLS
– HORNY SCHOOL GIRLS 2
– HORNY SCHOOL GIRLS 3 (PRIVATE TAPES)
– HORNY SCHOOL GIRLS 4
– Hottest Texas Coeds
– ISLAND ORGY
– MARDI GRAS INVASION
– My 18th Birthday
– Road Trip
– ROCKS AMERICA
– Sex Race
– SEX STARVED COLLEGE GIRLS 2
– SEX STARVED COLLEGE GIRLS 3
– SEX STARVED COLLEGE GIRLS 4
– SEX STARVED COLLEGE GIRLS 5
– SEX STARVED COLLEGE GIRLS 6
– SEX STARVED COLLEGE GIRLS 7
– SEX STARVED PANTY RAID
– Sexiest Moments Ever
– Sexiest Moments Ever 2
– SORORITY GIRL ORGY
– SORORITY GIRL ORGY 2
– SORORITY GIRL ORGY 3
– SORORITY GIRL ORGY 4
– Spring Break 2007
– SPRING BREAK SEX RIOT
– The Perfect Pair
– THE SEIZED VIDEO
– Ultimate Rush
– Usually a siterip or a torrent containing 25+ titles.
– Wild World
– Wildest Bar in America

Giant Media Group, Inc. DBA Devil’s Film
– Ass Full Of Cum 4
– Best Of Gangland Cream Pie
– Cum On My Hairy Pussy 2
– Cum On My Hairy Pussy 16
– Don’t Tell My Wife I Buttfucked Her Best Friend
– Gangland 70
– Gangland 85
– Gangland Cream Pie 24
– Gangland Cream Pie 25
– Gangland Cream Pie 26
– Gangland Cream Pie 27
– Gangland Cream Pie 28
– I Wanna Buttfuck Your Daughter 10
– My Wife Caught Me Assfucking Her Mother
– My Wife Caught Me Assfucking Her Mother 2
– My Wife Caught Me Assfucking Her Mother 5

Girlfriends Films Inc.
– I Dream of Jo 4 True Passion
– Mother Daughter Exchange Club 27
– Poor Little Shyla 2
– Tides of Lust
– Lesbian First Timers
– Lesbian Seductions 46

Intense Industries
– Fucking Your Socks Off

JM Productions Inc.
– Suck Off Races 3

JW Releasing Ltd
– Kinky Business

Kick Ass Pictures Inc.
– Foot Fetish Daily 9

LFP Internet Group, LLC DBA Hustler
– Barely Legal 2
– Barely Legal 16
– Barely Legal 19
– Barely Legal 84
– Barely Legal 100
– Barely Legal 127
– Barely Legal 128
– Barely Legal 131
– Barely Legal 134
– Barely Legal 138
– Barely Legal 139
– Barely Legal 140
– Barely Legal Little Runaways
– Barely Legal: All Stars 5
– New Wave Hookers
– The Opening of Misty Beethoven
– This Ain’t Game of Thrones

Manwin Content RK Limited DBA Reality Kings
– 2 For 1 Pink
– A Lavish Load
– Belle Bottom
– Bouncing Deluca (Big Naturals; Angel Deluca)
– Cum Hard
– Dirty Minds
– Full Figure (Monster Curves; Katie Banks)
– Getting Hardy
– Girlfriends Revenge (GF Revenge 6)
– Hello Alexis
– Leather and Lace
– Licking Lessons – Jasmine Wolff (Moms Bang Teens 2013-12-30)
– Naughty Kennedy – Kennedy Leigh (Moms Bang Teens 2014-01-20)
– Pussy Love (Money Talks – Esmi & Lily)
– Riding Riley
– Ripping Through
– Sexy All Star
– Sexy Stella
– Sweet Veronica
– Tits and Hips
– Ass In Heels – Angell Summers (EuroSexParties 2013-05-30)
– Busty Bikini Babes 1
– Finger Licking Good
– Lick It

Manwin DP Corp. DBA Digital Playground
– Bad Girls 5
– Bad Girls 6
– Bridesmaids
– Code of Honor
– Don’t Fuck My Sister
– For Sale
– Island Fever 2
– Island Fever 3
– Jack Attack 4
– Jack’s POV 2
– Jack’s POV 3
– Jack’s POV 5
– Jack’s POV 7
– Jack’s POV 8
– Jack’s POV 10
– Jack’s POV 12
– Jack’s POV 15
– JACK’S POV 19
– Jesse Jane Fuck Fantasy
– Jesse Jane Kiss Kiss
– Lost and Found
– Nurses
– Pink Slip
– Pirates
– Raven Alexis The Substitute
– Riley Steele Deceptions
– Riley Steele Satisfaction
– The Girlfriend Exchange
– Titlicious 2
– Top Guns
– unSEXpected
– Web Whore
– WHEN DADDY’S AWAY

Marc Dorcel
– Cathy 40 (Cheating Housewife)
– WIFE NEXT DOOR

Marc Dorcel DBA SBO Pictures, Inc.
– Orgy Anthology

SBO Pictures DBA Vouyer Media
– Jack In Me POV 2

SBO Pictures DBA Wicked Pictures
– Daddy Did The Babysitter
– I Was a Mail Order Bride
– Octomom: Home Alone
– Selfies
– Spacenuts
– Teen Ravers

Metro Media Entertainment
– Cute Little Asses

Millennium TGA, DBA Grooby Productions
– Buddy Wood’s Shemale Bedtime Stories

New Sensations Inc.
– Almost Heaven
– Anal Sex Secrets
– Ashlynn Brooke Is Sexy
– Big Bang Theory A XXX Parody
– Big Girls Are Sexy #3
– Double D Vixens
– Friends A Xxx Parody
– I Can’t Believe I’m Doing This (Zeina Heart)
– I Love Asians 11
– I Love Asians 5
– Redheads Are Sexy #5
– Sexy Student Bodies`
– WKRP in Cincinnati: A XXX Parody
– Young Girls With Big Tits 10

Patrick Collins Inc., DBA Elegant Angel
– Alexis Texas Is Buttwoman
– Big Wet Asses #3
– Big Wet Asses #6
– Big Wet Asses #7
– Big Wet Asses 16
– Cuties 4
– It’s A Daddy Thing!
– It’s A Secretary Thing!
– It’s A Secretary Thing! 2
– Massive Facials 5
– Performers Of The Year 2014
– Real Female Orgasms 10
– The A Line
– The Bombshells 5
– The Greatest Squirters Ever! 4

Pleasure Productions Inc.
– Wild Honey 2 (Tera Patrick)

RLD Distribution LLC
– Girls Of Red Light District – Sasha Grey
– I Bang Teens (Megan Salinas)
– White Dicks Black Chicks

Second Phase Distribution Inc.
– Big Butt All Stars – Crystal Clear
– Mama Turned Me Out 3
– Mama Turned Me Out 4
– Mama Turned Me Out 5
– Pigtail Virgins

Third Degree Films, Inc.
– Big Boob Orgy 2
– Curve Appeal
– Illegal Ass 2
– Laid In Lingerie 2
– Laid in Lingerie 3
– Spunk’d 7
– Spunk’d 8
– Top Ten 2

Vivid Entertainment LLC
– Farrah 2 Backdoor and More
– Farrah Superstar: Backdoor Teen Mom
– Kim Kardashian Superstar
– Raven Alexis Unleashed
– Raylene’s Dirty Work
– Tera, Tera, Tera (Tera Patrick)
– Tila Tequila Backdoored and Squirting
– Tristan Taormino’s Expert Guide to the G-Spot

White Ghetto Films Inc.
– Group Sex Junkies

Zero Tolerance Entertainment
– Dr. Ava’s Guide to Sensual BDSM For Couples
– Is Your Mother Home?

Now obviously you will notice a common theme along each of these copyright holders, and that is the “genre” of content they all produce. You will also notice that in this list there are “copyright trolls,” (meaning, companies who in the past have used or use the federal courts to sue individual downloaders for copyright infringement) and there are “not” copyright trolls (meaning, companies who have NOT sued defendants for copyright infringement). You can see which are copyright trolls by either searching the web for their name, or doing a search on http://www.rfcexpress.com to see whether they have sued in federal court.

A few things to note.

1) Many of the larger companies have multiple websites, and do business as multiple entities. For example, Froytal Services Ltd. “does business as” (“DBA”) Mofos and Brazzers (corresponding to their Mofos.com and Brazzers.com websites).

2) Many copyright holders are OLDER COMPANIES and FAMILY OPERATED BUSINESSES. This means that it is common to have former porn companies hire CEG TEK to track and send letters for “vintage” films from the 1970’s and 1980’s. The copyrights for these films ARE STILL IN EFFECT, and the former owners of those companies are now elder individuals who are now enforcing their copyrights from FORTY YEARS AGO. On the flip side, many older couples have been caught downloading a film from their youth thinking that since the titles were so old, it was probably legal to do so.

In sum, all I ask of everyone is to understand that the bittorrent networks are no longer safe, and when you download something, assume someone else is watching you. And, be aware that there are companies out there like Copyright Enforcement Group (CEG-TEK Int’l) who are waiting to send you a settlement demand letter.

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Congratulation to the Cashman Law Firm, PLLC defendants who will soon be dismissed from the AF Holdings, LLC v. Does 1-1,058 (Case No. 1:12-cv-00048) case filed TWO YEARS AGO in the U.S. District Court for the District of Columbia. Seeing that the appellate (circuit) court came out with a ruling this afternoon, I read the circuit court’s ruling with fervor thinking that I was about to write an article entitled “the jig is up, no more copyright trolling lawsuits.” Well, I am underwhelmed.

If you remember the Judge Beryl Howell CREATES A SPLIT in the DC Court article I wrote back in August, 2012, at the time, thousands of “John Doe” Defendants from across the U.S. were being sued in the US District Court in DC, and Judge Beryl Howell was in favor of allowing the mass bittorrent lawsuits to continue in DC, even though other district court judges [not former copyright lobbyists for the Recording Industry Association of America] (notably, Judge Wilkins, now a United States Circuit Judge) wrote opinions questioning the validity of mass bittorrent lawsuits. As a result of this, now almost two year later, we have a circuit court ruling resolving the question of whether “personal jurisdiction” and/or “joinder” are relevant questions for a court to investigate before it signs an order invoking the “machinery of the courts” to force a non-party ISP to comply with a subpoena [asking for them to turn over the private contact information of each subscriber implicated as a “John Doe”].

Judge David Tatel [writing for the U.S. Court of Appeals for the District of Columbia Circuit] wrote a few pointers that we already knew, and in my opinion, the circuit court’s ruling is two years, too late. The ruling is essentially that a court may justifiably force a plaintiff “copyright troll” to establish that it has PERSONAL JURISDICTION over the John Doe Defendants who are implicated in the lawsuit BEFORE it allows that copyright troll to obtain [through discovery] the list of names and addresses belonging to the internet subscribers. His opinion, however, resolves ABSOLUTELY NOTHING about the hundreds of smaller John Doe (e.g., v. Does 1-20) lawsuits filling the courts’ dockets across the U.S., where the “copyright troll” plaintiffs have figured out that “you sue a defendant where a defendant lives.”

Next point. When requesting the subscribers’ contact information from an ISP, the plaintiffs purpose must be to gather this information for use in THIS LAWSUIT, and not for other proceedings or other lawsuits. Good luck enforcing this one. I have no doubt that we will still see defendants dismissed from one “v. Does 1-20” lawsuit, only to be named and served in his own “v. John Doe” lawsuit. This happens every day. Also, good luck stopping a copyright troll from calling up dismissed defendants and saying, “unless you settle with us, we will name and serve you in your own lawsuit.”

Then after glossing over the “you must sue a defendant in the state in which he lives” rule, thirteen pages later, Judge Tatel discusses joinder (who can be sued together as co-defendants in a lawsuit).

I thought the joinder discussion would be juicy, but it was vague and vanilla, and it lacked explanation. The ruling was essentially that “you can only sue John Doe Defendants together in one lawsuit as long as they were part of the same bittorrent swarm.” This precludes plaintiffs who often sue defendants who did the same “crime” of downloading copyrighted films using bittorrent, but they did so days or weeks apart. In mentioning what is considered the “same bittorrent swarm,” the judge mentioned ABSOLUTELY NOTHING as to what the scope of a bittorrent swarm is, and how long one lasts — whether a swarm continues for minutes, days, or weeks at a time — and who is properly connected in a bittorrent swarm to be sued together in a lawsuit.

All I pulled from his discussion is that “if Tom and Dick were downloading at the same time, they can be sued together in a lawsuit; joinder here would be proper.” However, if Tom finished downloading and logged off five minutes before Dick logged on, would this be considered the “same transaction or occurrence” to allow the two of them to be sued together? What happens if Tom finishes downloading and logs off, and by the time Dick logged on to the bittorrent swarm, everyone who was part of that swarm [e.g., all 10 or 20 people] also logged off and new people logged on. If Dick is downloading from a completely different group of downloaders than the group who was online when Tom was downloading, but they downloaded five minutes apart, is this the same bittorrent swarm or a different bittorrent swarm? The judge provided ABSOLUTELY NO ANSWER as to the scope of a bittorrent swarm, so we are still left with uncertainty.

…So you see why I am underwhelmed. The ruling was essentially, “personal jurisdiction, bla bla blah, joinder, blah blah blah.” I learned nothing new from this, and yet the media is jumping all over this as if it is some kind of jewel. NOTHING NEW HAPPENED HERE.

Putting all of this in perspective, if you think about only the issue that Judge Beryl Howell wanted the appellate court to answer, “whether personal jurisdiction and joinder are relevant in a discovery request to obtain information about not-yet-named ‘John Doe’ defendants who are identified merely by their accused IP addresses,” Judge Tatel did exactly what he needed to. He correctly answered, “yes, personal jurisdiction and joinder are relevant when the plaintiff attorneys ‘attempts to use the machinery of the courts to force a party to comply with its discovery demands.'”

Thus, when a copyright troll files a lawsuit against unnamed John Doe defendants, and they seek discovery to force an ISP to comply with a discovery request (e.g., a subpoena forcing them to hand over the contact information of the accused subscriber affiliated with that accused IP Address), issues such as personal jurisdiction and joinder ARE ripe for inquiry before the court grants the copyright troll permission to subpoena the ISP, forcing them to hand over the contact information of the accused “John Doe” defendants.

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[This is a post about security and privacy.  In this post, I speak about what could go wrong if you do not properly secure your computer, and my thoughts about encryption and privacy.]

I am reviewing a case where a group of “zombie” infected computers have been hacked to work together (a “botnet”), and it appears as if the courts are going after ZeroAccess as the crime ring behind the botnet. In my readings, a federal judge has blocked the IP addresses belonging to ZeroAccess-infected computers because they allegedly directed many of their millions of infected computers to click on a number of paid ads, where the advertisers using Google, Bing, and Yahoo! have paid out an estimated $2.7 Million per month from the ad revenue generated as a result of these clicks. The lawsuit is for what is known as “click fraud,” and it got me thinking about 1) the application to the bittorrent lawsuits, and 2) to privacy and security in general.

While I have NO REASON to think the following is happening, it is completely plausible that one or more “infected” computers could be directed to connect to various bittorrent files without the computer owners being aware of the “zombie” status of their computers (e.g., the software is being run as a service, or minimized without an icon showing on the desktop).  While the connections to the bittorrent swarms are happening, the copyright trolls could be “coincidentally” monitoring the bittorrent swarms as the downloads are happening unbenownst to the computer owner. When the copyright holders (“copyright trolls”) send the DMCA letters to the ISPs, or when they file John Doe copyright infringement lawsuits against the subscribers, the ISPs would correctly confirm and coroborate that it was the subscriber’s ISP who was connected to the bittorrent swarm at that particular date and time, and the problematic conclusion would be that it was the subscriber who downloaded the file. And, when the download was complete, even though the malware would likely “cover its tracks” by deleting all traces of itself, it would be programmed to leave the downloaded copyrighted file in some obscure randomized file folder on the subscriber’s computer to be “conveniently” found by the forensic examiners during the lawsuit. I understand that malware could also actually alter the computer’s logs based on analyzing the computer owner’s past browsing history and program usage (most people do not clean this) to make it look as if it was the ACCUSED SUBSCRIBER who was “at his computer at the time of the download.” This could all happen without the knowledge of the subscriber being aware that the computer was infected with the malware or that the illegal downloads were taking place.

While this feels a bit sci-fi’ish, and again, I have no reason to think this is actually taking place, the technology is certainly around for this to happen.  I have personally watched enough podcast videos on Hak5 demonstrating how this could be done, and I could figure out ways to alter the malware program to gain administrator access to the computer and change the system logs on the computer before deleting itself.  If someone as simple as me could figure out how to do it, for sure the more crafty ones will eventually stumble onto this scheme as well. For this reason, I am writing this article as a warning to take your computer’s security and your online privacy seriously, and here are the simple steps I would take if it were my own computer.

Step 1: Don’t balk, but make sure you have antivirus software and anti-malware software running on your machine. Also make sure your software and virus definitions are up to date. I have my personal favorites as far as software goes, but quite frankly, free or paid software both do their job fine. There are many free anti-malware programs out there, so make sure the one you use is not malware itself. For free malware detection, I find SuperAntiSpyware and MalwareBytes to be sufficient.

Step 2: Protect your identity and your browsing habits. This depends on how much “tin hat” you want to go, but I personally use JonDoFox’s version of the Firefox browser. There is a STEEP learning curve to use it (meaning, the add-ons will initially break most of the websites you use, and most websites need to be configured once before you get it the way you like it), but in my opinion it is worth the effort to learn. You can check your current browser security at http://ip-check.info/ (by the way, I do not use JonDo anonymization software because they charge by the actual usage; rather, I opt for the less secure route of encrypting my traffic using a secure VPN provider). On the flip side, for convenience, I also use Comodo Dragon Chrome which is a faster, less secure browser, but I have many add-ons that I’ve installed (e.g., Scriptsafe, AdBlock Plus, etc.), and I keep the software running in the Sandboxie software. That way, if some critter gets past my defenses (e.g., think, “CryptoLocker,” or other ransomware which encrypts your files and charges you hundreds of dollars in bitcoins as ransom to decrypt them), it won’t get access to my hard drive files.

Step 2.1: This belongs to the previous step, but encrypting your traffic is very important. There is a phrase, “I have nothing to hide… from people I trust,” and I stand by that phrase. With the NSA and government snooping, and the ISPs watching your every move, regardless of whether you are doing something wrong or not, it is a smart idea to not give all of your shopping and browsing activities to your ISP and to Uncle Sam. There are also many commercial trackers and social networks who track you for commercial purposes as well — everything I say above applies for them too.

Step 3: Secure e-mail, secure chat… The best way to protect your e-mail is to encrypt it.  Unfortunately, e-mail by its nature is insecure, and even if you encrypt the contents of your e-mail, the METADATA (e.g., your own e-mail address, to whom you are e-mailing, the time and date of your e-mail, along with the geolocation of you IP address you use to connect to the e-mail server, etc.) remains exposed.  The only foolproof way I know to encrypt e-mail is to use Pretty Good Privacy (PGP) software.  The problem is that it is simply inconvenient.  In order to encrypt your e-mail, you need to not only setup and share your own public and private keys, but you need to find and look up the keyrings of those you want to communicate with.  While there are attempts to incorporate encryption into e-mails (e.g., projects such as gnupg), the average person does not encrypt their e-mails, and trying to get everyone to do so is just an exercise in futility.  Plus, we know that the NSA saves encrypted e-mails for the sole purpose of trying to “break” the encryption because “if you use encryption, you are presumed to be using it for a criminal purpose.”  Thus, I am unhappy with the current state of technology with the adoption of encryption for sending e-mails, but for the time being, this is the way it is.

Secure chat is very easy, and there are many convenient ways to encrypt your instant messages.  Whether you are using the Pidgin software with the encryption plug-in, or whether you are using Cryptocat or any of the secure chat softwares readily available for the PCs, iPhones, and Androids, achieving perfect security is very doable.  For me, I do not encrypt my e-mails, and whenever I have a friend or peer who has the capability to encrypt our chat sessions, I have him do so just for the “geeky” fun excitement of it.

Step 4: Keeping your own computer clean and neat. Your Microsoft Windows operating system keeps logs of pretty much everything you do, and it is specifically the failure to clean up after yourself which can give malware the chance to impersonate you. Similarly, by not regularly cleaning up after yourself, should you one day face a lawsuit, a forensics expert can glean an ungodly amount of information about you, your whereabouts on a certain date and time, and your activities (e.g., whether you were surfing the web or writing a text file, and, which text file you were writing at that particular time and date) just by reviewing your logs. Now I personally do not trust my Microsoft Windows operating system not to “spy” on me, and if I had it my way, I’d run a Linux operating system (I have in the past, and I may in the future), but for the time being, be aware that the “privacy” settings in Windows stops NOBODY from snooping on you. I have not figured this one out yet (especially since most of my law firm’s software are Windows-based), but Windows is simply a minefield of privacy leaks and data you don’t want about yourself recorded and logged.

While this is certainly not even close to a solution, I run CCleaner from Piriform regularly to clean up the logs and to keep my computer relatively clean.  I would love to delve into the depths of my operating system and tweak certain settings to shut off the “phone home” leaks in my system — I simply do not have the time, the “tin hat” motivation, or the skill to do so.

Step 5: Lastly (and there are probably a million other steps I could take, but I like to keep things simple). I encrypt my hard drive data 1) in my computer, 2) outside of my computer (e.g., external drives and thumb drives), and 3) in the cloud. There are many ways to do this, most popularly is the “TrueCrypt” software. If you cannot encrypt your drives (I cannot, since my computer is a Windows 8 machine and TrueCrypt has not figured out how to encrypt UEFI systems yet), then create a large container, and set up your programs (e.g., Thunderbird Mail) to store your files in your encrypted container.  Better yet, install the program onto the encrypted drive so that it is not in your C:\Program Files folder.  That way, if your computer is ever stolen or lost, your programs and your data will remain unusable and encrypted. I often take this one step further and have Windows configured (to the extent possible) to use the encrypted drive to store my “Desktop” and my “My Documents” folder. Thus, if I do not unlock the encrypted drive when I first log in, my computer does not work properly, and I get a blank desktop. Along with this, my computers have log-in passwords which I have activated before the operating systems even boot. I have this running because even little me knows which piece of software one can run to bypass the password on Microsoft Windows machines.

In sum, you could take privacy to an extreme. The best privacy is the “trust no one” type of privacy. For some cases (e.g., our cloud storage backup servers are “trust no one,” meaning not even the company who hosts our data has the keys to unencrypt the encrypted data which is stored on their servers), using the best security is feasible and doable. But there are limits and there are sacrifices to your privacy, and it usually comes at the benefit of having more convenience. Truly, the most secure password is one not stored in a text file, or written on a piece of paper, but one that is in someone else’s head (not even your own).  The best security is not using a computer or connecting to the internet at all. Then again, that is not feasible to most of us who live in the internet. However, learning to take steps to protect your privacy (within reason) can only work towards your benefit.

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As we near the end of 2013, I expect to see “2013 Year in Review” articles. I decline to write my own here, but it has been a very busy, work-intensive year. I would compare it to using nothing but strength and muscle to push metal against a spinning wheel with the result of seeing sparks flying.

Prenda is dead. Or, is it. Lawyers spent most of the year enjoying the exposure of Prenda Law, Inc.’s failings (or more accurately, “fallings”) where their scams and schemes became unraveled over and over again for all to see. Judges called them on their bluff, brought the principals into court, and ordered them to pay large sums of money. Yet, what was actually paid (and what will actually be paid) is still hidden from our eyes. My guess is that they’ll pay something, but compared to the millions they raked in since 2010, it will only be a tiny fraction of their windfall profits.

It is my opinion that what undid them was greed. Had they continued to sue defendants en masse, and had they continued to “name and serve” defendants and move forward with the lawsuits in good faith (if there ever was good faith), they may still be in business. Thankfully, where there is “rolling in dough,” there is also born greed and corruption. AF Holdings was born, the “Alan Cooper” alter-ego was invented, papers were forged, settlement money was sent offshore to various entities, honeypots were discovered (where it was discovered that Prenda Law Inc. was seeding the pornography they later sued on), and so-called paralegals became the named “owners” of the entities who were suing to enforce their copyrights. If all this (and getting caught) was not enough, they threw their own local counsel attorneys “under the bus,” they sued the internet and bloggers for defamation, and they started a war with the internet service providers (ISPs) and Cable Companies, a fight they could not have won. Why they went after the ISPs, nobody will know, but in my opinion, this was their mistake.

But this article is not only about Prenda, or the Steele|Hansmeier gang, or the Mark Lutz characters of the world (or their many life-altering experiences over the year), but it is also about what has been happening outside the federal courts (“out-of-court”).

A year ago, I wrote a few articles about Copyright Enforcement Group (CEG-TEK), a brainchild of Ira Siegel. After his experiences in the Northern District of California, followed by the experiences of his local counsel Mike Meier, Marvin Cable, and for a time, Terik Hashmi, their cases went silent in the federal courts. No new cases were filed, and for a time, all we saw were dismissals of our law firm’s clients.  Then, tens of thousands of so-called “DMCA Letters” began pouring out from various ISPs directing accused internet users to their copyrightsettlements.com website (no link, this is on purpose) to entangle themselves in their settlement system.

There was a moment where I thought the “Six Strikes System” would kill CEG-TEK’s business model because the ISPs would no longer forward their “pay us now or else we will sue you” scare letters, and by depriving the copyright enforcement companies of their ability to contact accused internet downloaders in their homes and out-of-court (without the supervision of a federal judge), this would cause CEG-TEK and their ilk to go out of business, but this was a disappointment.

The “Six Strikes System” ended up being a dud. It only applied to a few of the “elite” ISPs, and those ISPs used the Six Strikes System to demand large sums of money from the copyright owners and sent the notices to their subscribers anyway, but only a truncated version of CEG-TEK’S “scare” letter. Comcast, case in point. I watched as a fight broke out between Comcast and CEG-TEK, where Comcast only forwarded a snippet of CEG-TEK’s letter, but still directed users to their CopyrightSettlements.com website so that the settlements can continue. Then in other letters, they botched the CEG-TEK settlement link alltogether, and then, did not include the link [in their letters] at all. (And, just for “me too” news as of today, “Johnny-come-late” to the game, RightsCorpis reported by Torrentfreak to have experienced the same thing).

In sum, the Six Strikes System did not kill CEG-TEK as I thought it would, nor did it hurt the “copyright trolls” or stop them from filing lawsuits. CEG-TEK merely found other ISPs and universities to cooperate with them by forwarding their settlement demand letters to the ISP’s subscribers, and CEG-TEK’s collection attempts have continued unhindered.

Lastly, there has been little slowdown to the copyright infringement lawsuits. As I predicted a few years back (link), the lawsuits merely got smaller and more focused (link). The days of suing 5000 “John Doe” defendants bunched together in one federal lawsuit are over. Similarly, the smaller lawsuits having just a handful of defendants [where the lawsuits are filed in the states in which the defendants live] are also over. Now, the lawsuits are so small and focused that it is common to have only one defendant in a lawsuit, and this has made it impossible for our firm to watch, read, and report on every case that is filed in every jurisdiction.  Then again, it has made it more expensive for the copyright trolls, and (ugh) more scary for the carefully targeted defendant.

In sum, it has been a year of grinding and a year of watching the effects of previous years of work change, alter, and shape the bittorrent lawsuits to the form in which they are today. Congress and lawmakers have been useless in making this copyright trolling phenomenon disappear, as have been the attorney generals and the various state bar ethics boards, who [with some very notable exceptions] have been sitting on their hands. I do not think the copyright troll problem has been solved in any way. Rather, the plaintiff attorneys have gotten smarter, smaller, and more focused.  As a result, they have flown below the radar of those who have the power to stop them. And, while the lawsuits continue, former copyright troll attorneys (Ira Siegel / CEG-TEK) have continued their efforts, just outside of the court’s ability to monitor, sanction, and control their out-of-court settlement activities. And, I need not say this, but many new copyright trolls have popped up based on the lack of legal supervision, and I am concerned to say that I do not see this going away any time soon.

John Steele and his Prenda Law Inc. gang are down. CEG-TEK is thriving. Old copyright trolls such as Lipscomb & Eisenberg, along with their many local counsel across the US [and their lawsuits] are thriving. Other no-name “baby” copyright trolls are growing up and have learned to navigate the broken federal court system. And most important of all, more and more people are getting entangled into their legal spiderweb of extortion, settlement demands, and lawsuits, both in and out of court. This is grim, I know.

But there are still voices out there — SJD’s Fight Copyright Trolls website, DieTrollDie‘s website, along with organizations such as the Electronic Frontier Foundation (EFF) who, [while they have been rightly so enveloped with dealing with privacy issues, government corruption, secret FISA courts, and fighting NSA police-state-like snooping techniques] are still very helpful in the copyright troll lawsuits with their countless efforts to make the problem go away once and for all.

So please allow me to be the first to wish everyone Happy Holidays, a safe winter, and a Happy New Year.

Warm regards,
Rob Cashman

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