Posts Tagged ‘DMCA notice’

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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Copyright Enforcement Group’s (“CEG-TEK Int’l”) DMCA letters have been sent out to thousands of would-be “John Doe” copyright infringement defendants to date for the alleged downloading of pornographic films. The problem is that they often ask for MULTIPLE SETTLEMENTS FOR THE SAME DOWNLOADED TITLE.

BACKGROUND: Just in case you did not read my first article on Ira Siegel’s / CEG-TEK’s DMCA Scare LettersI’m including these next two paragraphs to bring you up to speed.

Instead of CEG-TEK’s failed methods of suing hundreds of John Doe Defendants in one bittorrent lawsuit, CEG-TEK has concocted a turnkey method of scaring a would-be internet user into settling their case BEFORE THE PLAINTIFF EVEN FILES A LAWSUIT. Instead of a copyright troll paying a $350 filing fee and proving copyright infringement in front of a judge, and in lieu of hiring plaintiff attorneys to fight the ISPs in order to obtain the names, the addresses, and the phone numbers of would-be defendants (and noting that ISPs are no longer cooperating as easily as they used to), Ira Siegel and CEG-TEK have found a way using the Digital Millennium Copyright Act (DMCA) to have the ISP send letters to the alleged infringers, doing CEG-TEK’s dirty work for them.

The notice an ISP subscriber would receive would say something such as “Notice of Unauthorized Use of Registered Copyrights Owned by so-and-so,” followed by a Case #, a password, and CEG TEK International’s long and confusing “scare” letter threatening that if the defendant didn’t settle the claims against them online via their http://www.copyrightsettlements.com website (I am not including the link for obvious reasons of protecting your privacy; read my other article for details relating to IP address tracking, website failures, etc.), then Ira M. Siegel or one on CEG-TEK’s legal counsel would sue for violation of the U.S. Copyright Act, 17 U.S.C. 106.

The problem is that even though they are only asking for a settlement of $200 for each title [UPDATE: $500 per infringed title (prices per title for some production companies have gone up)], CEG-TEK IS NOT FILTERING OUT DUPLICATE DOWNLOAD ATTEMPTS.  So, a downloader who downloads a title such as Media Products, Inc. DBA Devil’s Film’s “It’s Okay! She’s my Step-Daughter” or Digital Sin Inc.’s “Fresh Outta Highschool” using bittorrent, and their bittorrent software attempts to connect to these files multiple times, -OR- if CEG-TEK monitors that you have downloaded various pieces of the same title multiple times (even when the IP address is the same), YOU WILL GET MULTIPLE LETTERS FROM YOUR ISP.

The problem I ask is — how does an accused downloader call up Ira Siegel — a KNOWN COPYRIGHT TROLL who has sued thousands of defendants for $150,000 per title, and who has sent out countless “scare” letters demanding thousands of dollars per title — how do you call up Ira Siegel and say, “yeah, I downloaded it,” ***ADMISSION OF GUILT*** “but I only did it once, not three times”???

Thinking with my jaded lawyer mind, part of me wonders whether CEG-TEK Int’l have purposefully left the duplicate titles on their DMCA notices to lure would-be defendants to call them up, admit guilt [that they have done the download, “but only once,” and then CEG-TEK and Ira Siegel would have all the ammunition that they would need to sue that downloader in federal court.

Anyway, I don’t need to say that an attorney (our firm or any other firm) could negotiate down the duplicate downloads without admitting guilt or incriminating you as you might do on your own if you called them yourself.

PERSONAL NOTE: I still hold the opinion that if they really have a claim against you than they should present their claim in the form of a lawsuit in federal court where a judge will make them prove their claims against you (and quite frankly, I am even more of the opinion that they should not be suing downloaders AT ALL [and that they should focus their efforts on taking down infringing content using the DMCA remedies given to them by the law]), but I also understand the economics involved with someone wanting to just make this go away at the early stages.

Once again, if you have not already done so, go back and read my initial article on CEG-TEK Int’l’s DMCA letters and what I think of them.

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