Archive for the ‘Issues’ Category

Monday’s order against John Steele / Prenda Law Inc. / Steele|Hansmeier (no matter which of these entities hurt you through their “copyright trolling” activities) is nothing other than a wonderful victory for justice, and I thank and commend the lawyers involved in bringing justice to one of the worst sets of copyright infringement (bittorrent-based) cases I have seen in my law career.

My apologies for leaving attorneys out of this (as there were many who were involved in making this happen) and for my lack of recollection of the details, but immediate kudos goes to Paul Godfread who served John Steele while he got off of an elevator as soon as he realized that his client Alan Cooper (who did landscaping for Steele) had his identity stolen by Steele and his signature forged as the mastermind behind all of the bittorrent cases.

This was a common theme in Steele’s lawsuits — pick a patsy (whether it was Alan Cooper, Mark Lutz [his paralegal], or Paul Duffy [rest in peace]), elevate that patsy to be the “mastermind” behind all of the lawsuits, hire local counsel across the U.S. to file lawsuits, and run every lawsuit like the captain of the ship while being tied to none of the lawsuits for liability purposes.

The story goes much deeper and it involved many twists and turns, but bottom line, through the hard work of Paul Godfread, Morgan Pietz, Jason Sweet, Erin Russell, Steven Yuen, David Madden, and so many more attorneys that I cannot even remember, AND the almost daily blogging by bloggers such as Sophisticated Jane Doe (FightCopyrightTrolls.com) and DTD (DieTrollDie.com), none of this would have happened and these guys would still be suing hundreds of John Doe defendants at a time in their newest scheme (whether that be accusing defendants of violating the Computer Fraud and Abuse Act (“CFAA”), or shaking down companies for violations of the Americans with Disabilities Act (“ADA”), etc.).

As a result of the judicious reporting of the Steele|Hansmeier / Prenda Law Inc. activities, their scheme has been halted, and the crew are being investigated by the FBI, and (I’ve heard, maybe even) by the IRS for tax evasion.  Paul Hansmeier (one of the Hansmeier brothers) has been disbarred, Steele (I believe) still has his law license (although I remember Steele withdrew from the practice of law himself before being disbarred), and Mark Lutz (the “paralegal” or the “mastermind,” depending on when you ask him) is “in the wind.”

Most importantly, as of Monday, the “Alan Cooper / Paul Godfried” case defending against Steele and Prenda Law Inc. (Case No. 1:13-cv-01569 in the ILND Court) [also known as “Prenda v. The Internet”] has been won.  Judge John Darrah (IL) awarded the defendants $162,448.74 in attorney fees and costs, $11,758.20 in sanctions, AND $500,000 in punitive damages (see Judge’s Order).

Now I am no longer sure whether Prenda Law Inc. has the assets to pay these fees (because if I remember correctly, as part of their scheme, they siphoned the $4-5 Million or so in settlement monies out of the law firm and into an offshore trust in Nevis.

My opinion is that justice is slow to act, and while this is a good result, it does not benefit any of the thousands and tens of thousands of defendants who had their lives destroyed and their savings decimated by these attorneys.  I still think that the justice system failed its people because judges got lazy for years and failed to stop the racket, even when they knew of their activities.  Even today as an outgrowth of the Prenda Law Inc. / Steele|Hansmeier empire, we find Malibu Media LLC lawsuits, Voltage Pictures lawsuits [including Dallas Buyers Club LLC, Fathers and Daughters Nevada LLC, Cell Productions, Criminal Productions Inc.], and too many other “copyright troll” lawsuits which are still rubber-stamped DAILY in the federal courts by judges who ARE AWARE and who WERE AWARE of the “mass bittorrent lawsuit / copyright trolling” problem when the cases initially were filed as early as 2010.

In short, on 5/6/2015, I wrote an article entitled,

No Orange Jumpsuits Predicted For Prenda Law Inc. Just sanctions.

I hate to see that it has been almost seven years since these cases started showing up (six years for team Prenda), and nobody has been jailed.  Judges have failed to guard the gates leading into their courtrooms.  Attorney Generals have sat on their hands and done nothing.  Lawmakers have done nothing.  Bar associations have done nothing.  Thus, I continue to defend these cases in whatever form they have changed into, but I too remain jaded.  This result is a good result, and the FBI/DOJ/IRS so-called investigations are nice to see (referring to SJD’s web logs of individuals visiting her blog), but I am not moved nor is my heart [on behalf of all those who have been affected by this] made whole by this ruling.

Okay, I didn’t expect to go here with the blog article, but in short, awarding $500,000 in damages against Prenda Law Inc. is one wonderful step in the right direction.  I just still want to see orange.

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There is a new problem that I am encountering where software developers are writing code in order to catch downloaders – not in the download of the software, but in the illegal USE of that software.  These software developers – with knowledge of the accused IP address of the so-called “pirates” are hiring attorneys to send out DMCA settlement demand letters, often requesting a hefty settlement for the piracy or use of that software without authorization.

Unlike the bittorrent cases that we have seen over the past six years — where an internet user would be caught downloading movies, music, or “scenes” using bittorrent or Popcorntime software (where the connection to other bittorrent users in a “bittorrent swarm” would reveal the IP address of the downloaders) — software developers are increasingly building in to their new software the capability to “phone home” to the developer. When the software “phones home,” it reports certain information to the software developer, including the IP address of users who are actively using the pirated software at that moment.


When a downloader accesses a “pirate” site (e.g., The Pirate Bay), and downloads a piece of software with a “crack,” that crack alters the software code, to allow it to be used in a “registered state” (e.g., cracked software will allow a user to enter a serial code to register the software whereas in an “uncracked” state, that serial code would be rejected.  Thus, the user sees a message such as “your serial code has been accepted.  Thank you for registering your software.) This “registered” state allows the downloader to actively use the software; however, it does not stop the software from phoning home.

Very often included in the cracked software package will be what is known as “a .NFO file,” (which is a text file, and “NFO” sounds like “info”) where the hacker, a.k.a. the “cracker,” will instruct the user to block the software from connecting to outside networks (often advising that the downloader use a software firewall, such as Comodo Firewall). Conventionally, the purpose of this instruction to the downloader is to avoid the common scenario where the software developer automatically updates the software to work around and invalidate any cracks which it discovers in the wild. As a result, the downloader would find that his once-registered software is no longer registered.

Some software developers who have become savvy to this trend will create a pop-up screen which alerts the downloader that his IP address has been flagged and gives him an opportunity to purchase the software at a discounted rate.  By using this method, the software developer attempts to turn a pirate into a paying customer in a manner that is both ethically and morally sound.  However, and pardon my jaded view of the matter, but people get greedy, and software developers get frustrated with the piracy of their software, and thus they often turn from good business judgment to using the law as a prickly weapon to sting those caught downloading their software.

And with this greed, here is the trend for which I wrote this article.  I am now seeing a trend that the software developers are contacting attorneys and asking those attorneys to use the Digital Millennium Copyright Act (“DMCA”) rules to force the ISPs to send settlement demand letters to the internet users who are suspected of illegally using that software without a license.  However, instead of trying to turn that downloader into a paying customer, the software developer decides instead to gouge the internet downloaders into paying a bloated fee for a software license. In this scenario, this internet user receives a letter demanding that the user purchase the pirated software for an amazingly high amount of money, for example, $5,000-$20,000. If that internet user does not purchase the software as the letter demands, the threat of a copyright infringement lawsuit looms.

Now the first company you might think of when reading this article is the Siemens Product Lifecycle Management Software Inc. company, who is currently suing John Doe Defendants for the download and unlicensed use of the Siemens NX software.  However, in defense of their lawyers, the Siemens attorneys are simply trying to stop engineers and companies who are using their software in a commercial manner from profiting from the use of their software without a license.  They are not gouging (so far as I know), and my personal experience with their attorneys have been (so far) positive.

Thus, the focus of this article is on other software developers and copyright holders who have begun to mimic the Siemens model of suing (or here, sending DMCA settlement letters through the ISPs and threatening to sue) users, and attempting to force them to purchase an enterprise-level, multi-thousand-dollar software license or face a copyright infringement lawsuit in a Federal court, even if they have absolutely no legitimate use or benefit from “owning” that software.

To the internet user who receives such a letter requesting a settlement:  It is important to know that following the instructions of the software developer and purchasing a license (even an expensive one (e.g., a $5,000 license where the software itself costs only $150) does not protect you from being sued. Rather, your compliance may simply operate as an admission of guilt. Instead of simply following the instructions of the settlement demand letter, here is why it is advisable to STOP, THINK, RESEARCH THE TOPIC, and hire an attorney (me, or any other attorney competent in both copyright litigation and software licensing) to resolve the claim or claims against you.

First, the attorney that you hire will provide a legal “buffer” between you and the copyright holder’s attorney. Your attorney will be able to speak on your behalf without admitting guilt, whereas an accused defendant speaking alone to the copyright holder’s attorney might accidentally claim that they were only using the software to test the software (an act which according to the law would be copyright infringement, and would subject the internet user to statutory damages of $150,000 or more if there are multiple instances of infringement). Thus, an attorney can stop the copyright holder’s attorney from contacting you directly by putting them “on notice” (a legal term) that the attorney is representing you and, thus, all communications must go through the attorney.

Additionally, the attorney that you hire (knowledgeable in both copyright law and in software licensing) would be able to negotiate a settlement to allow you to purchase a license at a steep discount from the “gouging” amount that the copyright holder’s attorney was initially asking for in the settlement demand letter. Moreover, your attorney could obtain a release of liability, releasing you from all liability surrounding the unlicensed use and the unlicensed copying of the pirated software – something you would not be in a position to negotiate if you were handling the matter.

Similarly, [or in the alternative,] your attorney might negotiate a software license to allow you to pay for your “experimental” use of their software.

If you are a student, then it may be a good strategy to have your attorney negotiate in the settlement agreement to allow you to purchase that product at a student discount at your local college as your “settlement payment.”

 The above are all options that an experienced copyright/software development attorney (me, or anyone else) would be able and knowledgeable to negotiate on your behalf.  Your attorney would be able to oversee the payment of the licensing fee or the purchase of the actual software [for your own future legitimate use] and to obtain for you a written release of liability from the software copyright holder’s attorney, which means that following the conclusion of the settlement or the signing of the software license, you would never be sued for copyright infringement or any sort of piracy in a Federal court.

These are the benefits of hiring an attorney for your settlement demand letter issue rather than simply going out and paying whatever fine is requested of you.  Remember: Following the copyright holders instructions to pay them a fee or to purchase a piece of software after-the-fact (after the unlicensed activity or infringement occurred) will not provide you any protection.  Paying a settlement fee alone will not provide you with a settlement agreement or a release of liability.  Without a release of liability, you could still be sued in a federal court for copyright infringement, piracy, or any other relevant law relating to the unlicensed use, piracy, and possibly the cracking of software.

CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

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Every pirate knows that the only way to block the copyright trolls from identifying their true IP addresses (and thus sending out DMCA copyright infringement notices, as outfits such as CEG-TEK have been known to do) is through the use of a Virtual Private Network (VPN) [, and not just any VPN, but a paid VPN provider which does not track their subscribers’ activities*].

In recent weeks, I have heard from various copyright trolls that bittorrent users are “winning the piracy war,” in that their activities have thwarted the copyright holders from learning who they are. Armed with what is becoming common knowledge of free software which can be configured to stream pirated content (e.g., Kodi, formerly XBMC), internet users who wish to “unplug” from the cable companies are able to do so in a way in which it becomes difficult if not next to impossible to be caught viewing streamed content**. Not only this, but many have even purchased Amazon Fire sticks which can be jailbroken to allow the Kodi software to be installed on it, and they are watching pirated videos from their HDTV without even needing a computer.***

But what is the effect of “winning the war” on those who are left behind and don’t realize that they need to use a VPN if they are going to bittorrent their favorite movie, software, or video game? This is the point of the article.

The unintended consequence of bittorrent users learning to use a VPN, or migrating away from bittorrent and towards free streaming services is that copyright holders [who for three years now have enjoyed easy settlement money] are realizing that there simply are not enough people to send DMCA / copyright infringement notices to in order to line their pockets with gold and dirty cash. As a result, it is my experience that they are becoming “less nice” and they are trying to make more money from fewer downloaders. Case-in-point: Girls Gone Wild DMCA notices used to ask for one $300 settlement for a whole page of 60+ videos, but now they are asking for tens of thousands of dollars for that same “click” of a bittorrent file.

I am also noticing that CEG-TEK is acting differently, perhaps in response to what has been described to me as a steep decline in numbers of “pirates” to whom they can send DMCA notices. In the past few weeks, it has been my experience that Copyright Enforcement Group (CEG-TEK) is now sending multiple notices out to the ISPs for the same download. In one case regarding their Girls Gone Wild client that I mentioned above, CEG-TEK sent literally over 1,000 notices to one ISP for the alleged download of one bittorrent file.

At first I thought this was a glitch in their computer system, but then it occurred to me that maybe CEG-TEK somehow benefits from keeping the numbers of DMCA notices sent to the ISPs artificially high. Is there any benefit to them to be doing this? I have been racking my brain on this topic and I still cannot come up with a reason.

Honestly, here is my concern. When an animal is backed against the wall, what does it do? It attacks. If indeed we are winning the bittorrent piracy war, I am concerned that CEG-TEK will begin taking on new clients who thrive on stacking their bittorrent files with hundreds of adult films. Those who are sophisticated will understand exactly who I am speaking about.  

They will then trap the unsuspecting bittorrent user who “clicks on a bittorrent file” in their spider web, and that user will receive hundreds of DMCA notices which will scare the b’jeebies out of him.  Then they will give in to the urging of their less-than-ethical client, and they will agree to start charging more than the $300 per title that they currently do (remember, at one point, CEG-TEK used to charge $200 per title, and then at what I understood to be the urging of their client, they raised the settlement amount to $300 per title).  So they are pliable, as we have seen in the past.

In the end, just as we saw hints of this with the recent Girls Gone Wild debacle, CEG-TEK will morph from a $300 per title copyright enforcement outfit (lamb) into a $3,500 per title shakedown outfit (wolf) where they base their settlement amounts on the client’s ability to pay rather than what they believe is a “fair” amount to compensate the copyright holders.

Last, but not least, I learned that CEG-TEK threatened an accused downloader with criminal prosecution this week. For those of you who know me, I have spent almost every day since 2010 working on copyright infringement cases. NEVER until last week have I seen a copyright holder threaten an accused internet user with criminal charges for a copyright infringement matter.

In sum, the times they are a changin’. If we are indeed winning the war, what will CEG-TEK turn into in order to survive?  And, what will their copyright holders (who for the most part have been docile and lazy these past few years) do when their easy income stream dries up?


*[UNRELATED PERSONAL NOTE: I am a fan of such VPN providers not because they make piracy more difficult to detect, but because I believe strongly in a person’s right to be anonymous. The amount of snooping that happens with internet trackers, cookies, and newer methods literally sickens me, and I do not believe that advertising companies and ISPs should have so much knowledge about their customers. For this reason, I have nothing wrong with sharing for privacy purposes that examples of VPNs that you can rely on can be easily found by searching “torrentfreak secure vpn” on Google, or just by going to TorrentFreak’s website where they review VPN providers which take your anonymity seriously. Just be sure to have some mechanism in place that if the VPN connection goes down, even for a second, that your real IP isn’t exposed to whatever site you happen to be visiting, or to whatever server you happen to be connected to. This is called a “DNS leak,” and there are easy ways to configure your system to lock down the connection if or when the VPN goes down, even for a second.]

** NOTE: There is a popular software called PopcornTime which I am sad to share has given our firm many clients who have been caught downloading mainstream movies (e.g., The Dallas Buyers Club cases, Voltage Pictures’ Fathers & Daughters Nevada, LLC cases, and most recently, Millennium Film’s London Has Fallen (“LHF”) movie cases, etc.). Most recently, I have been seeing new CEG-TEK notices for Millennium Film’s “Criminal” movie which the copyright holders have already started suing in “Criminal Productions, Inc. v. John Doe” copyright infringement lawsuits . The reason for so many getting caught is that PopcornTime appears to be a software which allows you to stream video content, but it uses bittorrent as its back-end to download the movies.

*** NOTE: The Amazon Fire sticks which have Kodi installed in my opinion can still get you caught for copyright infringement. The reason for this is that they connect directly to the internet exposing your real IP address. Most people don’t realize that they need to also configure their ROUTER to connect to the internet through their paid VPN provider.

CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

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dmca gone wild

I have been sitting on this article for a few days because I was not sure what to make of it.

I don’t know if what I am noticing is based on greed on behalf of the “Girls Gone Wild” copyright holder (a.k.a., GGW Brands LLC) based on their corporate shakeup and recent bankruptcy, or whether CEG-TEK’s computer system has been going haywire sending sometimes hundreds of DMCA copyright infringement notifications for one “click” of a bittorrent file, or if there is a shift coming where CEG-TEK will be using the DMCA notices in a new way to extort larger and larger settlements from accused downloaders.

CEG-TEK has always tried to be a modestly clean organization.  While an internet user downloads a video using bittorrent software, CEG-TEK’s servers are “dipping in and out” of the various bittorrent swarms which share their 100+ clients’ [usually adult] videos, and while CEG-TEK is “in the room” (so to speak, meaning, while CEG-TEK’s servers are connected to the bittorrent swarm [in which the internet users’ bittorrent software downloads file fragments from multiple individuals also in that same bittorrent swarm, and in which the bittorrent software shares (“seeds”) file fragments it has acquired to other bittorrent users in the swarm who are lacking that particular file fragment in order to obtain the entire shared file(s)), CEG-TEK writes down the IP addresses of each of the file sharers, they identify which ISP that IP address belongs to, and their computer sends a DMCA notice to that ISP.  That DMCA “scare letter” notice is then forwarded to the account holder who was assigned that IP address at that particular date and time.

So with the Girls Gone Wild copyright holder, in the olden days (meaning up until two weeks ago), an internet user would click on a bittorrent file which contained something like 20-30 GGW videos, but when we logged into the CopyrightSettlements.com website to view the claims against my client, there would only be a few claims of copyright infringement.  Why?  Because GGW was having CEG-TEK ask for $300 per copyrighted DVD (which it itself contained many “files” or “scenes”).  Point being, one click, one copyrighted DVD pirated, one $300 settlement.

This is no longer the case.  Now when an internet user clicks a download link on a bittorrent website (sample screenshot of a GGW bittorrent link below — this one containing 95 video files), the same 20-30 video files are downloaded, but instead of ONE (1) DMCA notice being sent to the internet subscriber’s ISP, these past few weeks, 20-30 DMCA notices are being sent.


To make the effect of downloading Girls Gone Wild videos more egregious, instead of asking for $300 for each GGW DVD pirated, the copyrightsettlements.com website now lists 20-30 “cases,” asking for $300 for each file downloaded, rather than $300 for each DVD.  Thus, in the 20-30 file example, now an accused internet user will see a settlement request of $6,000-$9,000 for one click of a bittorrent website (or in the example shown above with 95 video files, CEG-TEK would now be asking for a $28,500 settlement, when before it would have been just a few hundred dollars).

Now, let’s take the scenario further, because I’ve seen settlement amounts as high as $78,000 in the past few days.  How?

That same internet user who clicked on this link above containing 95 titles leaves his bittorrent software running in the background.  He does not realize that after the downloads are complete, his software is set to “seed” (upload) the files to other bittorrent users who have not yet acquired all 64.02 Gigabytes of data (as if someone actually has that amount of free space on their hard drive to download all of those videos, and as if each and every video was actually downloaded — both topics outside the scope of this article).

It takes roughly 4-5 days for a Charter or a CenturyLink subscriber to receive his DMCA notice, so by the time he learns that he has done something wrong by that “one click,” his ISP has changed his IP address 5 times (IP addresses are leased to subscribers for 24 hours, although this differs from ISP to ISP), that means that CEG-TEK “thinks” he has 475 instances of infringement (MATH: 95 videos * 5 days seeded = 475 instances of infringement).  Thus, when those 29 downloaders and 5 uploaders shown in the image above (listed as “29 leechers” and “5 seeders”) get their DMCA copyright infringement notice for this particular torrent five (5) days later, each one of them will see a settlement amount of $142,500.  Obscene.

Now obviously a lawyer (myself or anyone else) can negotiate the amount of the settlement, or, based on the copyright holder’s tendency to sue or knowing the limitations of CEG-TEK’s abilities to know who you are [taking into consideration the ISP and the known information such as geolocation data as to where you live, etc.], I may just as easily suggest that you ignore the claims against you, but quite frankly, if CEG-TEK is really expecting to get a $142K settlement (or even a $10K settlement), well, this suggests to me that maybe they are getting a bit greedy.

In sum, here is what I know:

1) Girls Gone Wild and CEG-TEK (as their agents) are now asking for $300 settlements for each and every video file downloaded.

2) CEG-TEK’s computer systems are going haywire, and ISPs are receiving HUNDREDS of DMCA violation notifications for files contained within one bittorrent file.

3) CEG-TEK’s computer systems lock out users who have more than ten (10) claims against them with a note to call their 800 number to discuss the claims with them.  This means that your claims WILL LIKELY BE LOCKED when you try to log in and you will get their “Please contact Ira Siegel” notice.

4) If you made the mistake and called them, you would be faced with an obscenely high settlement amount to negotiate down from.

My interpretation:

Here is my interpretation of what is going on.  I see two possible causes for what we are seeing.

The founder of Girls Gone Wild appears not to be an upright citizen.  He has been reportedly convicted of tax evasion, bribery, false imprisonment, assault causing great bodily injury, dissuading a witness, record-keeping violations, and he has even reportedly pleaded no contest to child abuse and prostitution.  It does not jolt me to add copyright trolling to his list of indiscretions, and thus if this new development is coming from CEG-TEK’s “Girls Gone Wild” client rather than from CEG-TEK itself (management), I am not surprised by what I am seeing.

From 2007 – 2013, GGW advertised up the wazoo on late night infomercials, and they used to sell their DVDs, but there was a point where something happened to their business — the internet happened, and people stopped purchasing their videos.

In 2013, I remember hearing about a lot of drama and “shake-ups” on the corporate level, where Girls Gone Wild was talking about filing for bankruptcy, and where they were no longer putting their focus on the sale of DVDs.  Rather, moving forward, they would be focusing on “intellectual property monetization,” which is another way of saying that they hired a number of lawyers and copyright enforcement entities (e.g., CEG-TEK, or Copyright Enforcement Group) to elicit settlements from those internet users who they blame for the collapse of their company.

In sum, either Girls Gone Wild is tired of collecting a few bucks here and there, or CEG-TEK is no longer happy with the $300 settlement and they are trying to increase the settlement amounts to lawsuit levels without having to file a lawsuit.  Either way, be aware that things are changing, and I will let you know as I see the shift reveal itself in a more pronounced way.

CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

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When representing a client, in my eyes I am representing the internet users against the “bad guys.” Copyright holders who use the federal court subpoena power to unclothe the identity of the internet subscriber with the intent of extorting that internet user out of thousands of dollars (regardless of whether the internet user did the download or not) is an abuse of the federal court system.  To offset the very high cost of hiring an attorney to defend a copyright infringement claim in federal court, copyright law provides the “winner” of the lawsuit attorney fees (see, 17 U.S. Code § 505).

That way, when an accused internet user is forced to spend tens of thousands of dollars to properly defend him or herself against claims of copyright infringement (which often include appearing for multiple court hearings, allowing the household’s computers and electronic devices to be inspected by a forensics expert, being questioned under oath [or having to answer written interrogatories under oath]), *IF* at the end of the investigation (e.g., at the end of “discovery”), the claim of copyright infringement ends up being unfounded and the claim of copyright infringement against the internet user is dismissed, the law gives that internet user the right to collect from his accuser all the fees he paid to his attorney.

Beware, however.  Just because a defendant is entitled to attorney fees does not mean that they will get them.  There are three scenarios which can stop a defendant from obtaining their fees back from a copyright holder plaintiff:

1) The “cut and run” scenario, where a copyright holder dismisses the defendant before a judge can rule that there was no infringement, and

2) the “limited liability company” plaintiff, where the movie company has created smaller independent “shell” companies, and they use those companies to sue defendants in copyright infringement actions (knowing that if those companies incur liability, that liability will not trickle up to the owner or to the other corporate entity), and

3) the “underfunded shell company” scenario, where the copyright holder might not have the funds to pay the attorney fees to the defendant (for example, when the settlement funds have been siphoned off to another entity, or paid out to the copyright troll attorneys).


In a “cut and run” situation, the accused internet user (a.k.a., the “named” John Doe Defendant) mounts a sufficient defense to demonstrate either that the plaintiff copyright holder does not have sufficient evidence to find him guilty of copyright infringement, or he is able to prove that it was not him “at the keyboard” at the time the download took place (because suing the account holder based on an ISP demonstrating that the account holder was assigned a particular IP address [which was used to participate in the downloading or copying of a copyrighted video] has been held in various jurisdictions to be insufficient to prove that it was the account holder who did the download).

In this first scenario, the account holder “fights back,” and hires and pays an attorney to file an answer to the complaint once named and served.  That attorney shows up to the court hearings, he cooperates with the discovery requests (the attorney sits with his client as he answers questions under oath, objects to questions, speaks to the judge in the middle to clarify issues that arise, etc.), and after what ends up being hundreds of hours, the copyright holder dismisses the defendant proactively before the court can rule on a summary judgement hearing that there was never a case against the client in the first place.   I saw this over and over with the Malibu Media, LLC cases.


The second scenario in which a defendant could be deprived of attorney fees is when the movie studio sets up multiple limited liability “shell” entities (as seen by the “LLC” designation behind the name), and then that “shell” entity is used to file a lawsuit, but it does not have the funds to pay an award of attorney fees should it lose the copyright infringement claim against the “named” defendant.  This could be either because the “shell” entity was not properly funded in the first place, or because the plaintiff lawyers or the owners of the entity are siphoning the settlement funds out of the entity so that it would not be able to pay attorney fees if it was ordered to do so.

This is what bugs me about the limited liability entities which are set up and used to sue defendants — there is no accountability to the accused copyright defendant for the misuse of those entities.  Using Voltage Pictures, Inc. as an example (and by no means am I insinuating that their “shell” entities are misused or underfunded), Voltage Pictures, Inc. is a big name movie company that has sued thousands of defendants over the years.  Since our firm started in 2010, I have been seeing Voltage Pictures, Inc. as a copyright troll who has sued defendants, who has hired not-so-ethical attorneys to enforce their copyrights against bittorrent users, and I do not think one year has past where I have not seen one lawsuit or another where Voltage was behind the scenes as the copyright holder.

Over the years, I have seen Voltage shift from suing thousands of defendants using their their own Voltage name in the lawsuits to setting up smaller “shell” entities which are then used to sue John Doe Defendants.  It is not always obvious that a company suing for copyright infringement is a Voltage copyright troll, but there are tip offs in that each time a new copyright troll “shell” entity files a lawsuit, I see the same copyright troll attorney(s) filing the identical complaint as they filed in other lawsuits, and each time, I see the same discredited German forensics company (Guardaley) listed as the “expert” in the lawsuit.  With so many hundreds of lawsuits filed — and I wasn’t sure I was going to go here, but I am — , I ask myself why the judges don’t see that these are the same set of entities filing the lawsuits, and I shake my head in disgust that the copyright troll scam is still going on.  It boggles my mind that companies as large as Voltage Pictures, Inc. are still taking part in this kind of legal militarism and butchery.

Dallas Buyers Club, LLC was one such shell company that was set up and used to sue defendants, which I later learned was a Voltage Pictures, Inc. shell company.  More recently, Fathers and Daughters Nevada, LLC appears to be another such shell company.  These companies are all “limited liability companies,” which means that unless the company was structured improperly when it was formed, or unless the principals of the company did something stupid (e.g., intermingling company funds with another shell company’s funds), it is very difficult to “break the veil” to hold the owner of the company personally liable for the company’s mistakes.

This got me thinking.  A defendant does not immediately know whether a copyright troll corporate “shell” entity is properly funded or not, and before hiring an attorney and spending tens of thousands of dollars on a defense, the first thing that defendant should do (or have his lawyer do) is have the “shell” company demonstrate that they have the funds to pay the defendant’s attorney fees should it be demonstrated a) that the account holder “named” and served as the defendant was not the one who did the download in the first place, or b) that the plaintiff’s experts cannot provide sufficient evidence to prove that the copyright infringement actually happened.

Why? Because if the plaintiff does not have the funds to proceed, why spend the time and money defending the lawsuit?  Rather, hit them early on with a bond request to demonstrate that 1) they have the funds to proceed, and to demonstrate 2) that they have the intent to move forward, all the way to trial (if necessary).  This is not a cheap proposition for the copyright holders, as lawsuits such as these could easily run into the hundreds-of-thousands of dollars in fees.


Anyway, my point in this article is simply caveat emptor.  Before you go ahead throwing out all of your money paying an attorney for a defense, make sure the plaintiff can pay your fees if you win. Have them post a bond, or do something to demonstrate that they have the funds to proceed if the case goes in that direction.  If they cannot demonstrate this, then maybe there is no need to defend your case in the first place.

In sum, the copyright laws as they are practiced is lopsided.  Copyright owners are given their remedy — the ability to sue for “statutory damages” of $150,000 per instance of infringement.  And, the accused defendant apparently has his remedy — the ability to retrieve his paid attorney fees when he successfully defends his case against the copyright holder.  Why shouldn’t an accused defendant take a few steps to preserve his rights and check to make sure the plaintiff can pay his attorney fees if he wins?


Accused internet users are thrown around, threatened, extorted for thousands of dollars in cash, and the law does little to protect their rights. Defendants have the remedy to have their funds returned to them if they fight and win, but what individual internet user defendant has the ability to pay for a lawyer to defend him in court?  What use is it for the law to award attorney fees and costs to a defendant who prevails “on the merits” when that defendant cannot afford to hire a lawyer to get to that point in the legal process?

Rather, the duty to protect the public in circumstances such as these (suing internet users for the download of copyrighted materials) is on the judges themselves.

Judges know (or their clerks can easily discover) when a particular copyright holder is a “copyright troll” and they know if the same parties have filed serial lawsuits in one state, or if they have filed multiple lawsuits in multiple states, or whether that same entity has sued defendants using multiple shell companies.  Judges also know that most accused defendants cannot pay a lawyer even for the most basic defense.

Too often, judges do not act as the gatekeepers they are, and they let the copyright holders do whatever they want to do while the judges pretend to pressure the copyright holders to move forward and name and serve defendants, or not. This is a charade — one that unnerves me, because it is an open secret that the copyright holders have absolutely no interest in taking a case to trial.

Judges who rubber stamp “expedited discovery” motions: WHY allow copyright holders access to the names of the accused John Doe Defendants when those copyright holders have shown through their past filings that they have absolutely NO INTENTION of proceeding to trial?  And why not make the plaintiff copyright holders demonstrate that they intend to proceed to trial (e.g., by having them post a bond as a matter of course) rather than using your federal court as a weapon to extort settlements from defendants who otherwise do not have the funds to pay for an adequate defense?

Since I mentioned Voltage Pictures, Inc. in this article (since they are the ones behind the Dallas Buyers Club, LLC lawsuits from a few months ago, and more recently, they are the ones behind the Fathers & Daughters Nevada, LLC lawsuits), below are a list of cases filed across the U.S. (and this is only a small sample of the lawsuits that were filed).  Judges, how can you NOT know that this “Fathers & Daughters Nevada, LLC” entity is a shell company practicing copyright trolling across the US?!?  Will you now let this “shell” entity do the same thing that every Voltage Pictures, Inc. “shell” entity did before them?  Ask yourself: Have ANY of these Voltage plaintiffs gone to trial?

Current Cases Affected by this Article (I am listing these so that you see how deep the Voltage Picture lawyer network goes — cases are not only filed in Texas, but like the Malibu Media, LLC cases were, they are filed across the US):

Fathers & Daughters Nevada, LLC v. Does (Case No. 4:16-cv-01968, Texas Southern District Court (July 5, 2016))
[Plaintiff Attorney Joshua S. Wyde]

Fathers & Daughters Nevada, LLC v. Does (Case No. 4:16-cv-01315, Texas Southern District Court (May 10, 2016))
[Plaintiff Attorney Joshua S. Wyde]

Fathers & Daughters Nevada LLC v. Unknown Parties (Case No. 2:16-cv-01073, Arizona District Court (April 15, 2016))

Fathers & Daughters Nevada LLC v. Unknown Parties (Case No. 1:16-cv-00362, Michigan Western District Court (April 8, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-13 (Case No. 2:16-cv-10948, Michigan Eastern District Court (March 16, 2016))

Fathers And Daughters Nevada, LLC v. Does 1-26 (Case No. 1:16-cv-02452, Illinois Northern District Court (Feb. 22, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-32 (Case No. 1:16-cv-02453, Illinois Northern District Court (Feb. 22, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-17 (Case No. 1:16-cv-02456, Illinois Northern District Court (Feb. 22, 2016))

Fathers And Daughters Nevada, LLC v. Does 1-21 (Case No. 1:16-cv-02450, Illinois Northern District Court (Feb. 22, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-15 (Case No. 2:16-cv-10371, Michigan Eastern District Court (Feb. 2, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-15 (Case No. 2:16-cv-10372, Michigan Eastern District Court (Feb. 2, 2016))

Fathers & Daughters Nevada, LLC v Does 1 Through 12 (Case No. 1:16-cv-00187, Hawaii District Court (April 22, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-13 (Case No. 4:16-cv-10948, Michigan Eastern District Court (March 16, 2016))

Fathers and Daughters Nevada LLC v. Unknown Parties (Case No. 2:16-cv-00406, Arizona District Court (Feb. 12, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-14 (Case No. 4:16-cv-10939, Michigan Eastern District Court (March 15, 2016))

Fathers & Daughters Nevada, LLC v. John Does 1-7 (Case No. 1:16-cv-01318, Colorado District Court (June 1, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-14 (Case No. 2:16-cv-10939, Michigan Eastern District Court (March 15, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-14 (Case No. 4:16-cv-10751, Michigan Eastern District Court (March 3, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-18 (Case No. 4:16-cv-10785, Michigan Eastern District Court (March 4, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-13 (Case No. 4:16-cv-10654, Michigan Eastern District Court (Feb. 23, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-11 (Case No. 2:16-cv-10910, Michigan Eastern District Court (March 14, 2016))

Fathers & Daughters Nevada, LLC v. John Does 1-15 (Case No. 1:16-cv-00560, Colorado District Court (March 8, 2016))

Fathers & Daughters Nevada, LLC v. Doe 1 et al (Case No. 1:16-cv-00670, Colorado District Court (March 22, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-11 (Case No. 4:16-cv-10910, Michigan Eastern District Court (March 14, 2016))

Fathers & Daughters Nevada, LLC v. Doe 1 et al (Case No. 1:16-cv-00747, Colorado District Court (March 31, 2016))

Fathers and Daughters Nevada, LLC v. Does (Case No. 1:16-cv-00278, New Mexico District Court (April 11, 2016))

Fathers and Daughters Nevada, LLC v. Does 1-15 (Case No. 4:16-cv-10372, Michigan Eastern District Court (Feb. 2, 2016))

Fathers & Daughters Nevada, LLC v. Doe 1 et al (Case No. 1:16-cv-00613, Colorado District Court (March 16, 2016))

Need more examples?

CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

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We already know that it is the business model of CEG-TEK and other copyright monetization companies is to develop relationships with the internet service providers (“ISPs”), and to have them forward copyright infringement / DMCA notices to their subscribers.

I have mentioned this already with regard to the relationships CEG-TEK has with Charter, CenturyLink, and Suddenlink, and as we know, COX Communications, Inc. signed on with CEG-TEK in December of 2015, and has been sending CEG-TEK’s DMCA violation notices to their users.  What we did not notice until now is that Cox Communications has become CEG-TEK’s “golden goose.”


Why Cox? Because Cox provides its users the same IP address each day. This “one subscriber, one static IP address” trend provides copyright holders and government officials an “ID” of sorts which allows them to identify a particular IP address, watch the activities of that IP address over time as it interacts with different websites (e.g., to see what links that internet user clicks on, to learn where they shop online, what accounts they use, what items they purchase, and what bittorrent downloads they participate in).  Then, when they have developed enough of a profile on that user to convict, they then trace that IP address back to a certain Cox Communications account for prosecution, or in our case, extortion.

For CEG-TEK, they are focusing their efforts on Cox because by doing so, they do not need to obtain from the ISP a past list of IP addresses assigned to that user, and it is very easy for CEG-TEK to go back in time and check their own logs of the past bittorrent swarms to see whether that particular subscriber / IP address participated in any other downloads of their other clients. Some have suggested to me that CEG-TEK can do a search to see what other bittorrent downloads the accused Cox subscriber has participated in. In short, Cox’s “one subscriber, one static IP address” is nothing short of a violation of their subscriber’s privacy, and it is only a matter of time before someone’s IP address gets “followed” and someone gets hurt because Cox is not obscuring the identity of their subscribers.


Other than Cox, I have recently learned that Bright House Networks (brighthouse.com) is now working with CEG-TEK. I do not yet know in what capacity they are working with CEG-TEK, or in what kind of relationship, but it appears as if they are a new ISP “recruit” in CEG-TEK’s “war” against piracy.


For the thousands of you who are Charter subscribers, Charter has recently changed the way they forward the DMCA notices, and this can only be good for subscribers. Instead of forwarding the notices in an e-mail, they are now asking subscribers to “log in” to their website, where only then can then view and copy for themselves a copy of CEG-TEK’s letters.

This is both very good, and bad. On the good side, any “hoops” an ISP makes a subscriber jump through to see the claim(s) against him might annoy the subscriber, but it no doubt infuriates the copyright holders and “monetization” companies (like CEG-TEK) that rely on them seeing their DMCA notices to provide their copyright holder clients their dirty money (I could have said “ill-gotten gains,” but emotionally, calling it “dirty money” seemed to fit better).


However, BUYER BEWARE! I have received many calls about people who have physically LOST their DMCA notice because they did not copy it down when they viewed it. And when they called me about it panicked, because I couldn’t see the claims because they did not know who was claiming copyright infringement against them, I couldn’t tell them whether the copyright holder was a “copyright troll” or not, or whether they are suing downloaders in the federal courts. So please, as soon as you access the DMCA violation notices sent to you, either download a copy of it for yourself, or copy-and-paste it into a text file.


Google Fiber subscribers also — Google Fiber seems to not be organized as to keeping track of the DMCA notices that they are forwarding to their subscribers. So when an internet user inadvertently deletes that notice, it is gone forever. Neither I, nor anyone else can help you fight or settle (or even advise you as to your options) if you accidentally deleted the notice. I suspect that if you are reading this article, it may already be too late.


Okay, last piece of news and then I need to get back to work. As we know, CEG-TEK has been sending letters for months to Canadians and forcing the ISPs to send these letters to their subscribers under what is known as “notice and notice.” I have written about the problem and the solutions here in my “CEG-TEK: What are your financial risks and considerations of ignoring, settling, or being sued for copyright infringement if you live in Canada or Australia?” article. The news is that just as CEG-TEK is growing their business by signing on new ISPs in the US, this is also true in Canada.

The new Canadian ISPs now working with CEG-TEK appear to be Videotron (a.k.a., Vidéotron), Bell Aliant (www.bellaliant.ca), and Eastlink (www.eastlink.ca) — this will also affect their FibreOP users under the ISP names NorthernTel, DMTS, Telebec (Télébec), and Cablevision. If anyone receives notices from these internet providers, I would like to see them, as I hear that CEG-TEK is not following the notice rules.

As for the older ISP names — Bell Canada, Rogers Cable, Shaw Communications (sjrb.ca), ACN Canada, Electronic Box Inc., TELUS Communications, Start Communications, and TekSavvy, yes, these are still in play. The only one of these that has my respect thus far is TekSavvy which has tried to protect their users by fighting back, but even so, they are still sending CEG-TEK’s DMCA violation / copyright infringement letters, so my respect is limited.

CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

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Obviously I am not privy to the contracts signed between CEG-TEK and the internet service providers (“ISPs”).

There are three possible relationships between a copyright enforcement company and the ISP through which they send DMCA letters informing subscribers that unless they settle the claims against them for downloads that allegedly occurred, they might be implicated in a copyright infringement lawsuit.


2) A RELATIONSHIP OF PROFIT FOR BOTH SIDES (where CEG-TEK pays, and the ISP cooperates), and

3) A RELATIONSHIP OF PURE MOTIVE (both CEG-TEK and the ISP hold hands and cooperate, to “fight piracy”).


In the first scenario, a company or set of attorneys representing the copyright holders contacts the ISP and informs them that they might be in violation and subject to various lawsuits, fines, and penalties for not complying with the U.S. Digital Millennium Copyright Act (“DMCA”), and other statutes (in Canada, the ISPs are literally required to pass on claims to their customers, and this is referred to as “notice and notice”). If the ISPs do not comply, they could be sued for millions of dollars for encouraging piracy on their networks (I am speaking loosely in the vernacular).

ISPs across the US would be included in this first scenario, which explains how many of the bigger ones such as Comcast [who I understood were originally NOT working with CEG-TEK, because doing so would violate how they are supposed to act by being part of the “Six Strikes” system] started sending out abridged CEG-TEK infringement notices a few months ago, even to first time offenders.  Another such example of ISPs who “take steps” to stop infringement is Charter, which has been known to temporarily suspend their users who are accused of copyright infringement, but only with a pop-up notice that they need to click on to acknowledge the claim of copyright infringement against them before their internet service is resumed, unhindered.

NOTE: Comcast also has a strong profit motive as demonstrated in Scenario 2 (below), as does Charter, who has been known to be working with CEG-TEK since the beginning of their operation.  We believe the relationship between Charter and CEG-TEK is one of “for mutual profit” (Scenario 2) because CEG-TEK has obtained information about accused downloaders that they could only obtain with the help of the ISP.  Also, I understand that over the years, there have been periods of “tension,” (as I called them) where Charter has held back the sending of the CEG-TEK DMCA infringement notices for sometimes weeks at a time, only to send them all at once (my joke at the time was, “I guess they were waiting for their payment.”)  All jokes aside, the point here is to note both the Comcast example and the Charter example to show the actions an ISP will take to make it look as if they are “taking steps” to fight piracy.

In each of these scenarios, the ISP does the absolute minimum to comply with the claims against their customers, but what you don’t see is the “wink and a nod” from the ISP that they are likely not going to shut your account down or lose you as a customer over this (in other words, your activity violates the ISP’s terms of service “TOS” or “PUA”, but I have not been hearing of anyone’s account being shut down).

UNRELATED, BUT STILL VERY IMPORTANT: I have even heard that ISP customer service representatives actively tell their subscribers [in ignorance of the law] to just delete the infringing content and to ignore the notices.

FYI, look up “spoliation” of evidence, where the victories of the copyright holders in the US against downloaders happen where the copyright holder can prove that the accused defendant wiped his hard drive or deleted the infringing content after being notified by the copyright holder that there was a claim of copyright infringement against the subscriber. Thus, take what the ISP customer service representative says with a grain of salt because even though they might not care that the download happened on their network, there is still the law and the claims against you, and your ISP’s customer service rep is in no position to be giving you legal advice. Better to deal with or resolve the CEG-TEK claim against you first (if you were going to settle) before wiping the hard drive in fear of having other claims of copyright infringement or lawsuits filed against you (e.g., by other copyright holders such as Malibu Media, LLC, etc.) in the near future.

NOTE: Your relationship with your ISP has ABSOLUTELY NOTHING TO DO with your relationship with the copyright holder (or CEG-TEK) or the claims against you, since the copyright holder(s) still have one or more claims of copyright infringement against you.


In this scenario, the understanding is that CEG-TEK is actively paying the ISP for providing their DMCA infringement notices to their subscribers. While I did not initially believe this was happening in Canada (although I did have my suspicions), as of this morning, I now believe that Shaw Communications Inc. (a.k.a. Shaw Cablesystems G.P., or “sjrb.ca”) is working with CEG-TEK in a “for profit” relationship. I obviously cannot prove this, but from what I understand is about to happen with their subscribers [who will shortly be receiving multiple letters of infringement sent to them at the same time], this type of “delay, then dump a bunch of infringement claims” experience usually happens in a “for profit” relationship when the ISP is being compensated for the time they spend complying with the copyright infringement requests, and the payment is not immediately made.

Two examples demonstrating the “for profit” motive of various ISPs in the U.S. with facts (in these two cases, the “for profit” motive was forced upon CEG-TEK to their frustration) can be seen in the past behaviors of both Comcast and AT&T. A few years back, to handle the increasing number of subpoena requests (at the time, as a result of John Steele / Prenda Law Inc. lawsuits and the increasing number of bittorrent lawsuits being filed across the U.S.), Comcast opened up a “subpoena compliance” department in Morristown, NJ and staffed [at the time] twelve new hires just to handle the new subpoena demands from the lawsuits. In the lawsuit filings, when the copyright holders and their attorneys learned that Comcast was trying to profit off of the bittorrent lawsuits, they complained to the judges that Comcast was stalling on the subpoenas (Comcast was, at the time, under a duty to comply with the many subpoenas that were being requested of them).  It came out that Comcast was asking for something like $25-$50 per IP address lookup, when they were supposed to be complying with the subpoena for free.  Comcast prevailed in getting their IP address lookup fees, which I understand they continue to charge, even though other ISPs still do this for free.

Similarly, for those who know anything about Ira Siegel — the name that shows up on the bottom of every single CEG-TEK DMCA notice — there was a point where Ira absolutely refused to work with AT&T because AT&T’s subpoena department would charge $200 per subpoena request or IP address lookup, something at the time I heard that he found infuriating. Thus, you’ll notice that even today, you’ll never find a recipient of a CEG-TEK violation notice being a subscriber to AT&T, but as you can see, there *is* a profit motive of the ISPs to benefit financially from the growing influx of copyright infringement claims against their subscribers.

NOTE: I understand that the relationship between Charter, Centurylink, Suddenlink, Cox, sometimes Comcast, [and now most recently in Canada, Shaw Communications] fall under this scenario. The reason I am of this understanding is because of the advanced information CEG-TEK is able to identify about that subscriber, sometimes including the subscriber’s name (I have my own understanding as to how they get this from the geolocation), the geolocation itself of where the downloads occurred, along with other “past downloads” that allegedly happened weeks or months in the past at that same location, or by that same subscriber (based on a list of old “IP addresses” provided to CEG-TEK so they they can correlate that list against their own bittorrent records).

SCENARIO 3) “A RELATIONSHIP OF PURE MOTIVE” (both CEG-TEK and the ISP hold hands and cooperate, to “fight piracy”)

This is the “kum baya” view of piracy, where CEG-TEK approaches the ISP and tells them that they want to fight piracy. They show statistics of how when other ISPs “joined forces” with them and started sending out the DMCA violation settlement letters, piracy dropped significantly on that ISP’s network.

The ISP then sees this information and also agrees to “sign on” with CEG-TEK to help them forward their settlement demand letters to their subscribers with the hopes of diminishing the amount of “piracy” of copyrighted content that occurs on their networks.

NOTE: In this last scenario, you won’t find a profit motive by the ISP, and this is where I believe they get colleges and universities to sign on with them to fight piracy on their networks.

MY PERSONAL OPINION AND BIAS: Whatever the relationship or the scenario between CEG-TEK and the ISP, in the end, the subscriber is the one who suffers because it is THEY who receive the “settle or else my client will sue you as a John Doe Defendant in a U.S. federal court lawsuit for copyright infringement” letter.  Call it “speculative invoicing,” call it “Intellectual Property Monetization,” call it “fighting piracy,” when it is the individual downloader the copyright holder goes after, it is still WRONG.

To CEG-TEK’s merit, I have personally been in conversations with CEG-TEK where they were excited that piracy was actually going down on a particular ISP’s network — so apparently they do believe in what they do — but then again, whatever I feel about piracy and how the copyright laws should be changed to match today’s internet generation, in the end, it is the college students, their parents and landlords, the young graduates who are trying to find jobs, and those who are lured in by the adult content which is so addicting, widely available, and prevalent on the internet who fall prey to the tactics of the copyright holders.  For this reason, I still believe that the copyright holders should focus their efforts on pursuing those SELLING FOR PROFIT, DISPLAYING PUBLICLY WITHOUT A LICENSE, POSTING OR INITIALLY SHARING copyrighted content, but leaving alone those internet users who have no profit motive, who click on a link to view the copyrighted content.  

Back to my policy letter, I believe that it is the job of the copyright holders to police their own copyrighted materials, and not to attack, sue, extort, threaten, or pressure those who view or download content already aired on TV or in a public forum and posted on the internet.  The internet today has become like the TV and the Betamax of yesteryear.  Media becomes available, and people watch that media, whether the source is legitimate or not (think, Youtube).  TV shows are recorded, and are posted on many websites, some of them are licensed to share that content (e.g., Netflix, Hulu, ABC.com, etc.), some unlawfully do so without a license.  However, it is not the job of the internet user to inquire as to whether a source for a video is legitimate, especially when watching a show that was publicly aired just a few days beforehand.

The last thing that I want to do is to think twice when clicking on a YouTube video.  Taken to extremes, this is where the copyright holder’s activities go.

CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

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