Category Archives: DMCA Scare Letters

REVISITED: Beware of the defense attorney “copyright trolls” too.

This post was originally written as a “rant” against volume-based “settlement factory” attorneys.  At the time, the kind of damage they caused to accused defendants in bittorrent cases was unknown, as was their existence.  Even today, settlement factory defense attorneys continue to feed inquiring ‘John Doe’ subpoena recipients false information.  And as a result, settlement prices paid to copyright trolls often end up being artificially inflated.  As of 4/17/2017, I have revisited the topic, and it is still as valid today as it was one year ago.

After writing this article, Ernesto from Torrentfreak wrote an article entitled, “BEWARE: PIRACY DEFENSE LAWYERS CAN BE “TROLLS” TOO.“.  -Rob Cashman

Beware of Attorney Settlement Factories

I started writing this article because there is too much conflicting information floating around the web about whether to settle a bittorrent-based copyright infringement lawsuit.  The attorneys who are causing this confusion are trying to profit from the current broken state of the copyright laws.  These attorneys use fear tactics and manipulation to scare a John Doe Defendant into settling with their law firm.  

Credible Websites Teach That Settlement is NOT a Requirement

There are credible websites that blog almost daily on copyright troll issues.  

see “Fight Copyright Trolls,”

see “Die Troll Die.”

Copyright Trolls Do Not Take Cases To Trial

Because copyright infringement lawsuits are often based on scare tactics, and because copyright troll attorneys name only a small sliver of defendants sued, ignoring a copyright troll and his threats can be a good strategy.

IGNORING A COPYRIGHT INFRINGEMENT CLAIM AGAINST YOU CAN OFTEN BE A VIABLE OPTION TO RESOLVE THE PROBLEM (WITHOUT SPENDING $$$$ ON A LAWYER). 

Thus, beware of the so-called “defense” attorneys who tell you that you will lose your home and your life savings if you do not settle.

What are “SETTLEMENT FACTORY” defense attorneys?

NOTE: In this section, I give you the red flags to look for to spot these attorneys, and I hope this helps clarify some of the conflicting information you get from speaking to different attorneys.

“SETTLEMENT FACTORIES” are what I call law firms who focus on providing apparent “low cost settlements” to clients (as you will see, the settlements end up not being low cost).

These settlement factory law firms hire multiple attorneys to solicit and lure accused ‘John Doe’ defendants into hiring them “for a cheap and anonymous settlement.”

From a business perspective, more attorneys for the business owner means the ability to make more phone calls to solicit more accused defendants [to process more settlements], and the ability to “capture” more clients for their law firm means more profits.

SETTLEMENT FACTORY law firms PRE-ARRANGE settlement amounts.

Rather than actually negotiate a good settlement for their client, settlement factories run what I refer to as a “volume business.” They PRE-ARRANGE an often inflated settlement price with the copyright holder, so the copyright troll will agree to the arrangement.

In return, the copyright troll allows that so-called attorney to not have to negotiate the settlement for each client, since they have a prearranged agreed-upon “settlement amount.”

Why settlement factory attorneys are PART OF THE PROBLEM of copyright trolling.

This arrangement creates a “cottage industry,” where the defense attorney and the plaintiff attorney (who are supposed to be opponents) are allies for profit.  Settlement factory attorneys are part of the problem of copyright trolling; they are not part of the solution, and the only one that gets hurt is the accused defendant.  Why?  Because with settlement factories, the accused defendant almost NEVER gets the lowest possible settlement amount.

SETTLEMENT FACTORY law firms DO NOT NEGOTIATE SETTLEMENT AGREEMENTS either.

What compounds the problem is that negotiating the settlement is only HALF of the solution. The SETTLEMENT AGREEMENT itself must also be negotiated.  However, settlement factory attorneys do not negotiate settlements either (even though they tell you they do).

Why settlement agreements need to be negotiated.

Settlement agreements need to be negotiated because “boilerplate” settlement agreements contain ADMISSIONS OF GUILT and UNFRIENDLY LANGUAGE.

These boilerplate settlement agreements do not protect the client because they often:

  1. do not properly identify the accused defendant by name,
  2. they do not contain proper confidentiality clauses (to stop the plaintiff attorney from suing again or asking for more money later on), and
  3. they do not release the accused defendant from liability.

Settlement factory defense attorneys.

As a result of this article, settlement factory attorneys will take steps to hide their scheme.

For me, where writing this article will become infuriating is that suddenly these attorneys and their “beefed up” staff of hired attorneys will now start advertising 1) that they spend the time to actively negotiate the best settlement for their client, and 2) that they take the careful time to negotiate the terms of the settlement agreement so that the accused John Doe Defendant will be released from liability and the negotiated terms will properly protect the client’s rights.  Sure they will.

‘RED FLAGS’ TO SPOT A SETTLEMENT FACTORY

I know settlement factory attorneys follow this blog, and thus all I could say is “caveat emptor.”

At the time of writing this blog, here are the items to look for:

1) How long that attorney has been in practice [REMEMBER: “Copyright Troll” mass bittorrent lawsuits targeting multiple “John Doe” defendants have only been in existence only since 2010, so any attorney who claims he has been fighting copyright trolls for 20 years is obviously lying.],

2) Check the attorney’s blog to see the HISTORY of his articles — was he one of the first attorneys who fought these cases, or is he a new “me too” copycat attorney who is standing on the shoulders of giants? (after reading this, no doubt these attorney will now add “older” articles to make their website look older),

3) Check the blog article itself for “SEO OPTIMIZED” content, or “KEYWORDS” placed into the article.  Ask yourself, “was the purpose of this article to provide me valuable information? or was the purpose of the article to bulk it up with keywords so that search engine spiders will reward the author with first page rankings on the search engines?

2017 UPDATE: When I mentioned SEO OPTIMIZED content, I am referring to the fact that settlement factory blog articles lack content.  In our blog, we have over 200+ information-packed articles that we wrote TO EDUCATE.  Obviously many clients came to our firm as a result of our articles, and this is fine.  However, settlement factories have ONE MOTIVE ONLY: TO PROFIT.  Look for sites that advertise to you rather than inform you and educate you.

4) Last, but not least, check the EARLY ARTICLES of the blog to see whether the attorney actually tried to fight these cases and hash out the legal arguments, or whether they were merely reporting on the lawsuits already in existence to attract new business.  I call these attorneys “me too” attorneys, and you can usually spot them because all they do is report the cases.

AUTHENTICITY AND ORIGINALITY

In 2010, I and a small handful of attorneys were contacted by the Electronic Frontier Foundation (better known as EFF) to help understand and resolve the developing copyright troll problem.  This was back when ISPs began sending letters out to their subscribers informing them that their ISP would be handing out their contact information and their identity to the plaintiff attorney / copyright holders unless they filed objections (or, “motions to quash”) with the courts. Thus, I credit the EFF for even noticing the copyright troll problem and contacting us to figure out what to do about it.

COPYCATS / FOR PROFIT ATTORNEYS

Unfortunately (or, fortunately, however you see it), that initial list of 20 attorneys has grown to over 100+ names, and some attorneys have negotiated with EFF to list them as representing clients in multiple states, hence increasing their visibility in an ever-growing list of lawyers. Watch for these attorneys — they are usually the “settlement factories” I referenced above, and again, caveat emptor.

REPUTABLE ATTORNEYS DO EXIST

Let’s pretend, for a moment, that you did not like me or my use of pretrial strategies (often making use of federal procedure) to defend a client. Or, let’s pretend for a moment that I could not take you as a client (e.g., because my case load was full, or because I did not have time to speak to you about your matter).

Because there were only a handful of us attorneys on the original EFF list who knew anything about these copyright infringement lawsuits, over the years, we have become friends and have helped each other out on many of the lawsuits in which we represented both John Doe Defendants and “named and served” defendants. Some of these attorneys are still around today, and some have moved on to other areas of law.  Some of them have stopped taking clients because fighting mass bittorrent cases has become more burdensome than the effort was worth (especially when some copyright holders do not play fairly in discovery [think, Malibu Media, LLC]).

PIPEDREAMS AND REFERRALS

Finding “that special client who will pay my fees to fight this case to trial” for many attorneys has become an unrealized pipe dream, and is something us attorneys often discuss.  If you truly want to fight your case, I have nothing wrong with either me, or anyone else I trust representing you in your lawsuit (I will happily tout another attorney’s merits and advanced skillsets when speaking to clients). AND, I will happily refer you to someone if I find that one of my peers would better assist you.

NO REFERRAL FEES

I *DO NOT* believe in referral fees, nor do I “share the workload” with other attorneys (this is code word for “I referred you this client, so pay me a piece of the legal fees you receive and call it paying me for my “proportional efforts.”).  This is something that is often done in my field which, in my opinion, needs to stop.

Over the years, I have upset many non-copyright attorneys who know nothing about these cases.  In the typical fashion, they call me with a client they would like to refer to me (coincidentally, asking to share in the fees, but not in the work).  I have rejected each request.

So in hindsight, while I thought I’d be reintroducing “copyright troll” subpoenas and basic copyright infringement concepts to clear up some conflicting information found on the web, instead I am providing a clear warning to those who are being actively solicited by law firms. A law firm simply should not be calling you or contacting you to solicit your business.

BACK TO IGNORING A CLAIM OF COPYRIGHT INFRINGEMENT

Copyright trolls sue many John Doe Defendants in one case, but only a small number of them are named and served.  When you are evaluating your options, STOP AND CONSIDER THE OPTION OF *NOT SETTLING*, BECAUSE *NOT SETTLING* A CLAIM OF COPYRIGHT INFRINGEMENT CAN OFTEN BE A GOOD IDEA.

Similarly, in a lawsuit, DOING NOTHING MAY OFTEN BE YOUR BEST STRATEGIC MOVE, as counterintuitive as that might sound.  Again, this is because much of the ‘copyright trolling’ problem is based on a bluff — namely, that the copyright holders have evidence against you, and they will take you to trial if you do not pay them money to settle.

A Settlement Factory attorney makes NO MONEY if you ignore.

When you are bombarded with attorneys and law firms who actively market their fear-based services by using “Google AdWords” (ethically or unethically “buying” more well known attorney’s names as keywords so that THEY show up at the top of a search).  Then, those attorneys have their “assistant” attorneys calling you and pushing you to anonymously settle the claims against you, think twice. Is this person trying to get you to be yet one more client in their “volume” business??

WHY WE DISCUSS THE “IGNORE” OPTION WITH EVERY POTENTIAL CLIENT

In every one of my calls, I discuss what I call the “ignore” option which in many people’s scenario is a viable option. In many cases, I even push a client towards the “ignore” side of things.

[NOTE: There are many political reasons I have for this, such as “not feeding the troll,” or “not funding their extortion-based scheme,” or simply because I have been trying to change the copyright laws to limit or hinder a copyright holder’s ability to accuse or sue an internet user for the violation of that copyright holder’s copyrights, but NONE OF THOSE REASONS ARE REASON WHY I SUGGEST SOMEONE I SPEAK TO IGNORES THE CLAIMS AGAINST THEM.]

WHEN TO CONSIDER THE “IGNORE” OPTION.

Sometimes an individual’s circumstances allow them to ignore the lawsuit filed against them (or the copyright violation claimed against them in the DMCA notice).  Such factors include:

1) the individual’s financial situation,

2) whether they live in an apartment or a home,

3) the location of that apartment or home,

3) the state in which the plaintiff attorney has his law firm,

4) whether that copyright holder authorizes his attorneys [and pays their fee] to “name and serve” defendants and move forward with trial,

5) for strategy purposes, e.g., the psychological impact of having one or more John Doe Defendants ignore the claims against them (while other defendants rush to settle in fear of being named and served), or

6) simply because ignoring is the only option in that person’s situation.

IN SUMMARY

In summary, this has been a stream of thought article, but if you have made it to this point, you now understand the difference between a defense attorney who does settlements (among other forms of representation), and the settlement factory.

If the attorney you are speaking to is running your case as a volume business, or he is pushing you towards a “quick anonymous settlement” without showing you the merits of either 1) IGNORING, or 2) DEFENDING the claims against you, beware.

And if you need help and want my honest opinion about your case, or whether a particular attorney is engaging in a certain practice, just ask me.  I do not need to have all of you as clients, and I will answer you honestly.  And if you need, I will provide you a referral.


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.


Genbook Reviews | Cashman Law Firm, PLLC

All I know about Rightscorp in One Page

RIGHTSCORP THEN AND NOW

Rightscorp Inc. has always been the bastard child of the RIAA. Backed by the RIAA, Rightscorp Inc. uses the Digital Millennium Copyright Act (“DMCA”) to send DMCA copyright notices to the accused music downloaders. Rightscorp has been known to strongarm the ISPs and force them to identify the account holders who allegedly downloaded copyrighted titles belonging to Rightscorp Inc. clients.  Then, they forward these accused downloaders multiple settlement demand notices threatening that they will be sued for $150,000 per instance of copyright infringement unless they pay a measly sum of $20.

RIGHTSCORP WAS THE GIANT THAT WOKE UP IN 2013

Rightscorp Inc. came on my radar in June of 2013, where I wrote the article, “RIAA Giant Waking Up and Luring Defendants into Settlements.” At the time I wrote that article, I was spending a considerable amount of time helping clients who received similar notices for adult films they allegedly downloaded, but through Copyright Enforcement Group (CEG-TEK), another copyright monetization outfit.

Rightscorp Inc. DMCA Letters ‘Smelled’ Like a Trap

Knowing the DMCA rules and the ways copyright holders enforced them, something ‘smelled wrong’ with the Rightscorp Inc. letters. The Rightscorp Inc. company (a.k.a., “Digital Rights Corp”) itself seemed legitimate, but the way they handled their DMCA notices caused me to think that they were up to a scam. I sensed that the $20 settlement letters were a trap, and I recommended that recipients of those letters ignore them. Here is what I wrote in 2013 on the topic:

“What is bothering me, however, is that the release on their https://secure.digitalrightscorp.com/settle website (pasted below) releases the accused defendant from their claim of copyright infringement for a mere $20, but it has the defendant ADMITTING GUILT to the infringement. Thus, in legal terms, an accused internet user who pays the $20 may be released from liability for THAT instance of infringement, but the next time they catch that user downloading, they can not only sue for the full $150,000 (or ask for TENS OF THOUSANDS OF DOLLARS as a settlement), but in court, they would use the prior settlement as EVIDENCE OF GUILT that the accused defendant habitually downloads copyrighted videos and TV shows.

To be clear: EVERY settlement agreement for copyright infringement should have language stating that the accused defendant is not admitting guilt, or else the act of settling a copyright infringement claim can be construed as an “admission” of guilt in a court. Specifically, the language (e.g., taken from CEG-TEK’s settlements) would say something like “this Liability Release represents a compromise and that nothing herein is to be construed as an admission of liability on the part of RELEASEE.” This language appears to be purposefully ABSENT from the RightsCorp Settlement Agreements.”

Rightscorp Inc. DMCA Settlement Notices Ended Up Being A Trap

I worried that a client who settled a Rightscorp Inc. copyright infringement notice subjected himself to future claims of copyright infringements. Every settlement was an admission of guilt, and it turned out that Rightscorp Inc. sent many follow-up DMCA notices to the individual who paid their $20 fee.

Pay One Notice, Receive Twenty More

Those who paid the DMCA settlement notices on their own often ended up calling me when they received twenty more DMCA settlement notices. For a while, I thought that this was part of their elaborate plan of eliciting hundreds of dollars from each defendant rather than a one-time payment of $20. Unlike CEG-TEK, who at the time would list all of the alleged claims against a particular user in real time (based on the IP addresses they allegedly used to download the copyrighted content), Rightscorp Inc. asked for one settlement at a time, and when you settled one, there was often another one right behind it.

The Rightscorp scam in my opinion did not start until Rightscorp Inc. started to ask its users for settlements in the thousands of dollars. While the numbers never matched CEG-TEK settlements (where CEG-TEK was asking for $300 per title), Rightscorp settlement numbers often found themselves hovering near the $900-$1,800 range.

Settling ONE Instance Of Infringement vs. Settling All Past Downloads of a Title

The reason Rightscorp was able to increase their settlement amounts was because each settlement was for “one instance of copyright infringement,” which means that if a user downloaded the file twice, they had to pay twice. If they left their bittorrent software on overnight, and that bittorrent software seeded 20 copies of a title to 20 downloaders, that accused downloader would be accused of 20 more instances of infringement.

This was very different from CEG-TEK, who allowed their settlements to cover “all past instances of infringement regarding that copyrighted title.”

Rightscorp Inc. Then Used Settlements To Force ISPs To Shut Accounts

Rightscorp then used the admissions of guilt within the settlement agreements to attempt to strongarm the ISPs to shut down their internet accounts.

I always thought this was a petty move. I understood that there were some politicians behind the Digital Rights Corp / Rightscorp entity, and that those politicians had no idea how to run a company (which is why Rightscorp stock has been worth only a few pennies for years now). I also understood that Rightscorp Inc. motives were not [at first] to extort money from the accused downloaders such as a copyright troll would, but rather, they wanted to protect their music labels and stop piracy.

I understand and respect a company who legitimately tries to stop piracy, but Rightscorp Inc. went about it in the wrong way. I always thought that Rightscorp pressuring the ISPs to shut down the internet accounts of those who paid a settlement ransom was vindictive. To me, it just showed the callous disregard for the power Rightscorp wielded like a child who swings a light saber at his infant unsuspecting brother.

Then Rightscorp Inc. Started Robocalling Accused Downloaders

Rightscorp then started ‘robocalling’ accused downloaders. They did it recklessly — again, think of a child whacking his infant brother with a lightsaber — and they broke a whole slew of laws in the process. In addition, they called at all hours of the night, and because the company was in my opinion a ‘headless’ company, meaning that there was nobody to call to complain or help resolve a situation, the Rightscorp harassment issues only got worse. Eventually they were sued in a class action lawsuit and had to pay a hefty settlement for their robocalling shenanigans.

Then Rightscorp Inc. Started Suing Accused Downloaders For $150,000

I must admit, I lost interest in the Rightscorp shenanigans after I noted that their settlement agreements do not protect the legal rights of those who settle because their settlements amounted to admissions of guilt. Thus, when someone asked me “Should I pay Rightscorp Inc.?” my answer was “not without a valid release that doesn’t have you admitting guilt.”

However, there was a point that Rightscorp Inc. started filing copyright infringement lawsuits against accused music downloaders in federal court. Each accused defendant was sued for $150,000 statutory damages for the unlawful download of the various music titles they allegedly downloaded via bittorrent.

Rightscorp defendants deceptively are not told that it is Rightscorp who is suing them.  Rather, they will receive a subpoena relating to some ‘motion to compel’ that they have filed in a federal court.  Their subpoenas force the ISP to hand over account information to a place called “Inquest Resources” at 807 Brazos Street, Suite 805 in Austin, TX.  The subpoenas usually come with a Declaration by Dennis J. Hawk of the Business Law Group under the 17 USC 512(h) statute.

I don’t have much to say here, except that Jordan Rushie was one of the attorneys who was hired by Rightscorp to file the lawsuits. If I was looking for it, the Jordan Rushie connection with Carl Crowell and RIGHTS ENFORCEMENT was something that I did not make until writing “The Great MPAA/RIAA Scheme To Defraud Copyright Law” in March, 2017).

Rightscorp Then. Reckless Copyright Troll.

All I could say about Rightscorp is that is has been a trainwreck. First with the bad settlement agreements. Then with the unruly wielding of power to shut down ISP accounts of infringers. Then the ‘headless’ robocalls. Then the copyright infringement lawsuits. Rightscorp was a reckless copyright troll, and I always sensed that the leadership was delegating orders the management simply could not carry out.  To make matters worse, Rightscorp was in financial ruin (at one point before what appears to have been a ‘cash infusion’ which brought them out of their consistent negative cashflow), and I used to refer to Rightscorp as a “sinking ship.”

Rightscorp Now. Efficient Copyright Troll

Rightscorp in recent years has made a number of changes, graduating them from a reckless copyright troll to an efficient copyright troll. In recent years, they have revamped their settlement agreements where there is no longer an admission of guilt. They also now have a contact for an attorney such as myself to speak to. That way, if I have a client who is in trouble and wants to pay significantly less that they were accused of, or if my client wants to settle anonymously, at least now I have someone in Rightscorp I can speak to in order to make this happen.

I have to assume they are still filing in the federal courts, although their lawsuits do not get nearly the amount of publicity as other copyright troll lawsuits do, probably because they are going after individual defendants, and are suing in the name of the music copyright holder. Settlements are no longer $20 per instance of infringement, but are now $30 per instance of infringement. This is a 50% increase in their profits, but for you or me, it’s another $10 which thankfully is not $3,500 (the going asking rate to settle movie download lawsuits with CEG-TEK’s out-of-court DMCA settlement letters was $300/title). Most importantly, they have stayed off the radar and have kept out of trouble.

From the perspective of running our Cashman Law Firm, PLLC, in the past, we used to decline representing Rightscorp clients because their settlement agreements did not protect the interests of our clients.  However, with 1) the improvements in their settlement agreements in eliminating admissions of guilt, 2) the ability to anonymously protect our clients’ interests, 3) negotiate the dollar amount of the settlements, and 4) the ability to negotiate the settlement agreement itself to tailor it to the needs of our clients, today, our firm does represent Rightscorp clients.

However, doing so does not come with a bit of awkwardness.  When representing a client in a CEG-TEK DMCA settlement demand notice, clients would come with 3-20 notices (and at $300/claim, the settlement asking price was $900-$6,000 before settlement negotiations).  Thus, representing a client and having the client pay our fees made sense.

Not necessarily so with a Rightscorp client who received those same 3-20 notices.  At $30/claim, the settlement asking price would be $90-$600 (before settlement negotiations).  Thus, depending on the number of notices, there could be a disproportionate payment to our law firm to handle what could be a $30 problem.

For more on this topic, click the “Rightscorp settlement attorney considerations for a set of DMCA notices” article, here.

How To Handle a Rightscorp Notice Today

Rightscorp Inc. is still a failing company (from the point of view of corporate earnings and management). However, from the point of view of an accused downloader of a Jethro Tull music album, or some other piece of music, you must assume that failing to settle could put you at risk of being sued for copyright infringement in federal court. All this being said, when you receive the letter, the Rightscorp problem still small, and can be managed with the assistance of a lawyer (myself or anyone else).

How An Attorney Would Represent You In Resolving Your Rightscorp Matter

[NOTE: For credibility purposes, be aware that since 2013, I recommended that if Rightscorp is unwilling to protect your interests in a settle, do not settle. If you get sued, hire an attorney (again, me, or someone else) because Rightscorp lawsuits likely have the same Guardaley “no evidence” problem I described here). Now that Rightscorp Inc. is willing to help me protect your interests in a settlement, I am willing to settle Rightscorp cases for clients.]

Here is why to retain a lawyer, and what we would do for you.  (Below, when I speak of “you,” I am speaking in a general way. I do not become your attorney (nor should this be considered legal advice) until we sign a contract together.)

Next Step: Schedule a Consultation

Follow the three steps below to begin working with a Cashman Law Firm, PLLC patent attorney:

1. Schedule a phone appointment to speak to a patent attorney about your matter.

2. Get, sign, and return retainer agreement.

3. Sit back, relax, and let us work on your behalf to get you the results you need.

After scheduling your appointment online, you will be contacted by phone at the specified date and time by a Cashman Law Firm, PLLC attorney.

Discuss your Rightscorp Case With a Cashman Law Firm Attorney

Anonymous Settlement

Remember, when you receive the DMCA notice from your internet provider, you are anonymous, AND YOU SHOULD STAY THAT WAY. Rightscorp has enough of a history to have me recommend that every client of mine who settles does so ANONYMOUSLY.

Stop Rightscorp From Sending Additional DMCA Notices After a Settlement

There should be a legal barrier between you and Rightscorp, and hiring an attorney and having me put them on notice that I am representing your account stops them from contacting you in the future. Also, any future communications (or additional DMCA notices) should come through me, as I am the attorney representing you. By having me represent you, we ‘discourage’ Rightscorp from sending any additional DMCA notices after a settlement is complete. Rather, we ask them to research to see whether there are any outstanding titles claimed against you, and we would include them in the settlement negotiations.

Negotiate the Settlement, Facilitate the Anonymous Payment

You would have me review and negotiate the claims with Rightscorp. When they agree to lower the price to something you are comfortable paying, I would facilitate the settlement to make it an ANONYMOUS SETTLEMENT.

Review Release of Liability

This is an obvious step to be done before we pay the settlement on your behalf. I am giving this section its own heading because sometimes, custom terms need to be inserted into the Rightscorp agreements to protect a client’s interests. This would be part of the settlement negotiations (above).

Handle Any Follow-Up Communications From Rightscorp

This last step happens after the settlement is complete, and we do not charge our clients for this. When we settle the claims, we settle them as an “Anonymous Client” of the Cashman Law Firm, PLLC (using our law firm’s address and e-mail). That way, they have our information on file should they have any follow-up questions.

After a settlement is complete, in the past, Rightscorp has been known to send additional DMCA notices asking for more money. With our clients, this has not been the case because we ask them to include all claims in the settlement negotiations we do on our client’s behalf. However, should Rightscorp have a question about a settlement, or should a new matter occur, we will speak to them and handle any needed follow-up communications on your behalf, even after we have closed your file. Should any communication occur relating to a matter we have already settled anonymously on your behalf, I will be sure to let you know.

Next Step: Schedule a Consultation

Follow the three steps below to begin working with a Cashman Law Firm, PLLC patent attorney:

1. Schedule a phone appointment to speak to a patent attorney about your matter.

2. Get, sign, and return retainer agreement.

3. Sit back, relax, and let us work on your behalf to get you the results you need.

After scheduling your appointment online, you will be contacted by phone at the specified date and time by a Cashman Law Firm, PLLC attorney.

Discuss your Rightscorp Case With a Cashman Law Firm Attorney

*QUICK UPDATE (7/2017)*: I have created a short Rightscorp FAQ page on my Cashman Law Firm, PLLC website which gives a short overview of the Rightscorp problem.


FOR IMMEDIATE CONTACT AN ATTORNEY: To set up a free consultation to speak to an attorney about Rightscorp DMCA letter or subpoena, click here.  Lastly, please feel free to e-mail me at info@cashmanlawfirm.com, or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.

CONTACT FORM: Alternatively, sometimes people just like to contact me using one of these forms.  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.

Porn Sites Sending DMCA Letters Through RIGHTS ENFORCEMENT

In June, 2014, I exposed the list of porn companies that were working with CEG-TEK.  This upset a lot of adult film companies, who turned around and started having CEG-TEK send letters using a variation on their name (which made no sense to me *IF* the reason they were having CEG-TEK send out DMCA notices was to “encourage ‘pirates’ to sign into their websites legitimately and pay an annual fee”).  Instead, like roaches, these companies scattered, but even so, I still tracked the name changes and I kept this list up to date.

The reason this list is immediately relevant is because now Carl Crowell is sending out these same DMCA notices to Internet Subscribers through his RIGHTS ENFORCEMENT company.  For more about Crowell or his RIGHTSENFORCEMENT.COM website, click this link.

Below is a list I compiled from my own records as to which copyright holders are hiring companies to collect $300 per title settlements on their adult film copyrights.  The exciting news from 2017 is that I now have an idea of what are the porn companies which are now working aggressively with Carl Crowell (RIGHTS ENFORCEMENT), including some which were not working with CEG-TEK.  I will list the most active companies first.

REALITY KINGS (Manwin Content)

Reality Kings (http://www.realitykings.com).  Reality Kings has obscured their name in the past after I posted the original list in 2014.  They have been known to send out DMCA letters using the names 1) Manwin Content RK Limited DBA Reality Kings, and 2) MG Content RK Limited.  Regardless of the name, it is still Reality Kings.

Reality Kings is a giant corporation, comprising 45+ separated brand names, each of which have their own website.  Their brand names include:

40 Inch Plus, Big Tits Boss, Cum Fiesta, Extreme Asses, Girls of Naked, In the VIP, Milf Hunter, Money Talks, RK Prime, See My Wife, Teens Love Huge Cocks, We Live Together, 8th Street Latinas, Bikini Crashers, Cum Girls, Extreme Naturals, HD Love, Mega Cock Cravers, Milf Next Door, Monster Curves, Real Orgasms, Sneaky Sex, Top Shelf Pussy, Wives in Pantyhose, Bad Tow Truck, CFNM Secret, Dangerous Dongs, First Time Auditions, Happy Tugs, Mike in Brazil, Moms Bang Teens, No Faces, Round and Brown, Street Blowjobs, Tranny Surprise, Big Naturals, Captain Stabbin, Euro Sex Parties, Flower Tucci, Hot Bush, Mike’s Apartment, Moms Lick Teens, Pure 18, Saturday Night Latina, Team Squirt, and VIP Crew.

List of Reality Kings sites.
This is a list of Reality Kings sites. Each button is clickable and reveals hundreds of subtopics. This list can be found at http://www.realitykings.com/tour/sitemap/videos/

For a list of some of Reality Kings’ titles that I know they have enforced via the DMCA letters, see my original list in the “ORIGINAL LIST OF PORN COMPANIES SENDING DMCA NOTICES” heading.

BRAZZERS (MG Premium Ltd.)

Brazzers (http://www.brazzers.com).  Brazzers also has obscured their name in the past after I posted the original list in 2014.  They have been known to send out DMCA letters using the names 1) Froytal Services Limited DBA Brazzers, and confusingly enough, 2) MG Premium Ltd.  The interesting point to note is that this MG Premium entity seems to be a common thread through a number of the big-name porn companies, which suggests that there is a common owner or entity through which they tunnel their copyright enforcement activities.  At this moment, I am not searching deeper into learning who they are.

Brazzers is another a giant corporation, comprising 47+ separated brand names, each of which have their own website.  Their brand names include:

Asses in Public, Baby Got Boobs, Big Butts Like It Big, Big Tits In Sports, Big Tits In Uniform, Bit Tits at School, Big Tits at Work, Bit Wet Butts, Brazzers Exxtra, Brazzers Live, Brazzers Vault, Brazzers en Espanol, Busty & Real, Bustyz, Butts & Blacks, CFNM Day With A Pornstar, Dirty Masseur, Doctor Adventures, Hot And Mean, Hot Chicks Big Asses, JugFuckers, Milfs Like It Big, Mommy Got Boobs, Moms in control, Pornstars Like it Big, Racks & Blacks, Real Wife Stories, SexPro Adventures, Shes Gonna Squirt, Teens Like It Big, and Teens Like It Black.

As part of their “ZZ Series”, brands include:

A Brazzers Christmas Special, American Whore Story, Brazzers House, Brazzers Worldwide Budapest, Brazzers Worldwide Paris, Deadly Rain, Ghostbusters XXX Parody, Lost in Brazzers, Lustbite, One Night in the Valley, Pornstar POV, Pussy o Plomo, Storm of Kings XXX Parody, The Whore of Wall Street, and ZZ Erection 2016.

List of Brazzers Sites
This is a list of Brazzers sites. Each button is clickable and reveals hundreds of subtopics. This list can be found at http://www.brazzers.com/sitemap/brazzers-porn-directory/

For a list of some of Brazzers titles that I know they have enforced via the DMCA letters, see my original list in the “ORIGINAL LIST OF PORN COMPANIES SENDING DMCA NOTICES” heading.

DIGITAL PLAYGROUND (Manwin DP)

Digital Playground (http://www.digitalplayground.com).  Digital Playground is the third company that obscured their name as soon as I posted the original list in 2014.  They have been known to send out DMCA letters using the names 1) Digital Playground, and more frequently, 2) Manwin DP Corp. DBA Digital Playground.

Digital Playground is another a giant corporation, comprising 47+ separated brand names, each of which have their own website.  However, unlike Reality Kings and Brazzers, Digital Playground has taken steps to mask the list of brand names by hiding them behind an “A(1), B(5), C(0)…” list.  Thus, I am sharing the full list below:

Cougerville, Crave, Dirty Santa, DP Presents, DP Star Confidential, DP STAR Seasons 1-5, Flesh, Flesh: House of Hedonism, Girls of Summer, Gym Angels, House Calls, Infernal, Jack’s Back, League of Frankenstein, Lock and Load, London Knights (a Heroes & Villains XXX Parody Series), Rina Ellis Saves The World (a 90s XXX Parody), Sherlock (a XXX Parody), Sisterhood, Sisters of Anarchy, Ski Bums, Stryker, Swans of LA, The Fetish Diaries, The Pleasure Provider, True Detective: A XXX Parody, Wingmen, and 4Ever.

List of Digital Playground (Manwin) sites.
This is a list of Digital Playground sites. Each button is clickable and reveals hundreds of subtopics. The complete list can be found at http://www.digitalplayground.com/porn-directory-sitemap/series/

For a list of some of Digital Playground titles that I know they have enforced via the DMCA letters, see my original list in the “ORIGINAL LIST OF PORN COMPANIES SENDING DMCA NOTICES” heading, below.

ORIGINAL LIST OF PORN COMPANIES SENDING DMCA NOTICES

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 (now known as “MG Premium Ltd.”)
– Abrasador
– Amatores
– Dancing With Myself
– Hearts Racing
– Love Encounter
– Raving With Pleasure

Froytal Services Limited DBA Brazzers (now known as “MG Premium Ltd.”)
– 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 (now known as “MG Premium Ltd.”)
– 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 (now known as “MG Premium Ltd.”)
– 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 (they have changed this name more than once, but have kept the “Devil’s Film” trade name.)
– 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 (now known as “MG Content RK Limited”)
– 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 PACER or JUSTIA 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 RIGHTS ENFORCEMENT who are lurking in the bittorrent swarms waiting for you to click on a link so that they can send you a settlement demand letter.


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.

Why I Believe the MPAA/RIAA Schemed to Break Copyright Law

Yesterday, I spent most of the day writing articles for the blog.  My two priorities for the day were 1) to get articles out on RIGHTS ENFORCEMENT (focusing on how they differ from what I wrote about CEG-TEK), and 2) to write about the great merging of the porn and movie industry to break copyright law.

THE RIGHTS ENFORCEMENT ARTICLES FOCUSED ON HOW THEY DIFFER FROM CEG-TEK.

Getting articles out on RIGHTS ENFORCEMENT was my first priority, specifically, because so many people were going to the old CEG-TEK articles, and I did not want to give my readers a false sense of security based on what I wrote about those same topics as they applied to the CEG-TEK entity.

RIGHTS ENFORCEMENT should be considered a hostile copyright troll (analogous to a John Steele / Prenda-level troll because their beliefs about law and ‘pirates’ mirror each other).  I have abstained from commenting on the personality of Carl Crowell (the owner of RIGHTS ENFORCEMENT and the likely puppet master behind all of the adult film and movie “John Doe” bittorrent lawsuits filed across the US).  However, I meant it when I said that one should expect tactics of using very illegal, but untraceable means to violate the security of your computer when you log into his site in order to gain leverage over you and scare you into paying a settlement.

Why do I think Crowell would break the law just as John Steele did to achieve his goals?  Attorneys that powerful (if not already corrupt) become corrupted, and I have too often seen them develop a sense of invincibility to the law.  After crossing one grey line after another, they ultimately end up breaking the law thinking that they will never be caught.  This is what happened to John Steele, and this is what I am guessing will eventually happen to the Carl Crowell.

HERE IS WHAT I KNOW ABOUT THE RIGHTS ENFORCEMENT CASES.  ALL ARTICLES POSTED WERE OFFSHOOTS OF TOPICS FROM THIS ARTICLE.

You should expect that RIGHTS ENFORCEMENT will likely be treating cases differently than CEG-TEK did, so I did not want people to get the wrong impression that they were harmless, as CEG-TEK was (in comparison).

WHY I NOW BELIEVE THAT THE MPAA/RIAA COLLUDED WITH THE PORN COMPANIES TO CREATE CASE LAW IN ORDER TO BREAK COPYRIGHT LAW.

The more important topic I wrote about yesterday got shadowed by my other articles.  That topic was how the MPAA/RIAA appears to have colluded with the adult film / porn companies with the intent of breaking copyright law.

HERE IS WHY I THINK THAT THE MPAA/RIAA IS BEHIND THE ADULT FILM LAWSUITS WE HAVE SEEN OVER THE LAST SEVEN YEARS.

I started the Cashman Law Firm, PLLC in 2010, just as the MPAA/RIAA lawsuits became quiet. I always wondered where they went, and why they stopped suing defendants.

Now based upon the explicit ‘coming together’ of the adult film companies, the movie companies (MPAA), and now Rightscorp (RIAA) under the leadership of Carl Crowell, his network of attorneys filing Guardaley-backed bittorrent lawsuits across the US, and now the appearance of his RIGHTS ENFORCEMENT company, the merging of what were thought to be separate entities demonstrates that perhaps they weren’t so separate as we thought they were.

WHY I THINK THAT THE MOVIE INDUSTRY AND THE PORN INDUSTRY WERE IN COLLUSION

With the appearance of the RIGHTS ENFORCEMENT entity, I couldn’t help but to think that 1) EITHER CARL CROWELL IS A GENIUS ATTORNEY WHO HAS MERGED THE TWO VERY SEPARATE FACTIONS — MOVIE-BASED COPYRIGHT TROLLS, and PORNOGRAPHY-BASED COPYRIGHT TROLLS, or 2) CARL CROWELL IS MERELY A FIGUREHEAD, A PATSY.

Reading what I have learned about this man, I cannot believe that he is a genius who has united the separate entities of movie lawsuits and porn lawsuits.  This is just too big of a project for one man.  Rather, I think Carl Crowell is the figurehead replaced by some entity behind the scenes when the relationship between this Guardaley-backed ‘investor’ and Keith Lipscomb soured in April of 2016.

REMEMBER — WHEN LIPSCOMB AND MALIBU MEDIA LLC PARTED WAYS, LIPSCOMB AND GUARDALEY ALSO PARTED WAYS.  MALIBU MEDIA LLC CONTINUED FILING LAWSUITS WITH THEIR GUARDALEY-BACKED ENTITY AS THE BOSS, CLAIMING, “WE HAVE A NEW INVESTOR.”  ONLY THEN WAS CARL CROWELL INSTALLED AS THE HEAD OF THE GUARDALEY-BACKED SET OF LAWSUITS.

Thus, it occurred to me that Carl Crowell is not the one behind everything, but he is merely their “figurehead / fall guy” answering to some higher entity (just as Lipscomb was the “figurehead / fall guy” to some higher entity for all of the porn-based lawsuits filed since 2010, and just as Paul Duffy of Prenda Law Inc. (R.I.P.) was the “figurehead / fall guy” installed by John Steele).  [It would be interesting to learn whether John Steele TOO answered to some higher entity, because he too fits the profile I am about to describe.]  Each of these guys came out of nowhere into positions of extreme power, and with the exception of Lipscomb, each of these guys reminded me of drunk fraternity guys who showed up to work in a stretched and torn football jersey, shorts, and a hangover.

HOW I ARRIVED AT THE CONCLUSION THAT THE MOVIE AND PORN INDUSTRY ARE WORKING TOGETHER TO BREAK COPYRIGHT LAW

In the context of researching the ME2 cases (already noting that there was a connection between a number of movie cases [ME2/COOK/CELL/SEPTEMBER/I.T.], specifically, that the same attorneys were filing the same set of lawsuits across the US), I wrote a side article explaining “the evolution of piracy,” (an innocuous post).  In that post, it occurred to me that “it would be just too terrible” if there was collusion between the movie industry and the porn industry.

A few days later, I noticed in my website’s analytics that people were rushing to view my CEG-TEK articles, and I could not figure out why (CEG-TEK was no longer sending out letter to John Doe Defendants).  From there, I learned about Carl Crowell (who I previously ignored as being a nobody) and his RIGHTS ENFORCEMENT entity, which demonstrated that there was a connection between the movie industry and the porn industry.

It was then when I saw that Carl Crowell’s RIGHTS ENFORCEMENT entity represented both the mainstream movie companies (the ME2 / COOK PRODUCTIONS / I.T. PRODUCTIONS connection I was already looking for), and from my own website analytics and follow-up research, learning that RIGHTS ENFORCEMENT was also sending out notices for CEG-TEK’s old porn company clients that I made the connection that perhaps there was a relationship between the porn and movie industry.

Then I remembered the Guardaley connection years back when representing clients in the Dallas Buyers Club, LLC cases, and it occurred to me that some entity connected with Guardaley is behind both the porn-based lawsuits AND the movie-based lawsuits, but why?  That is where I learned that Rightscorp (the MPAA/RIAA also joined with Carl Crowell), and the connection made sense.  Through some common entity or ‘investor’, both the movie companies and the adult film companies are having their lawsuits funded.  Then it occurred to me how convenient it would have been for that investor to be the MPAA/RIAA, especially considering the millions they are pouring into Rightscorp (a sinking ship), just as they spent [I believe] hundreds of millions on lawsuits for copyright infringement shortly before I started my Cashman Law Firm, PLLC in 2010.

I always wondered why all of a sudden in 2010, the MPAA/RIAA stopped filing the copyright infringement lawsuits.  Now, I am starting to understand that if I am correct about the MPAA/RIAA being the entity behind the adult film lawsuits, they never did stop their activities.  Rather, they just devised a clever scheme to get the porn industry to file lawsuits and blaze the trail to create case law across the US (because most pornography-based defendants do not fight back, and judges laugh when they see the explicit porn titles sued upon, and through this uncomfortable laugh, judges undermine their legal sense and allow the ‘repressed, stigma-based industry’ to proceed with protecting their rights to sue “just like everyone else.”).  As a result of having the porn companies file the lawsuits across the US, IF what is unfolding ends up being true, then the MPAA/RIAA schemed to break copyright infringement law so that they can come back seven years later and start filing lawsuits, but now, with a “lower bar” and relaxed legal standards.


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.

SHOULD I IGNORE A “RIGHTSENFORCEMENT.COM” DMCA NOTICE?

In short, the answer is clearly NO (and I have a good reason for this answer which is not meant to scare you).

[This article is a continuation of the “WHAT DO I KNOW ABOUT RIGHTS ENFORCEMENT” article.  It made sense to separate out the topics and keep them short and to the point.]

With CEG-TEK, when someone asked “what are my chances of being sued if I ignore,” I would have told you “LOW,” because CEG-TEK typically did not file lawsuits if a recipient of one of their “DMCA scare letters” was ignored.  RIGHTS ENFORCEMENT IS DIFFERENT.

Because Carl Crowell (the puppet master behind the RIGHTS ENFORCEMENT site) is an active ‘copyright troll’ himself, AND BECAUSE HE HAS A TEAM OF ‘COPYRIGHT TROLLS’ ACROSS THE U.S. WHO ARE ACTIVELY SUING DEFENDANTS, I would likely suggest that the chances of being sued are “VERY HIGH.”  Again, this is not to scare you, but it is based on simple logic.


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.

WHAT IF MY RIGHTS ENFORCEMENT DMCA NOTICE DUE DATE EXPIRED?

*IT IS NOT TOO LATE.*  If the DMCA notice that you received and/or ignored or threw in the trash has expired, the copyright holders have THREE YEARS from the alleged date of infringement to file a lawsuit against you in a federal court.  So there is time to solve the problem, if it has not already escalated into a lawsuit.

[This article is a continuation of the “WHAT DO I KNOW ABOUT RIGHTS ENFORCEMENT” article.  It made sense to separate out the topics and keep them short and to the point.]

If the DMCA notice had a deadline which has expired, since RIGHTS ENFORCEMENT is a knock-off of the CEG-TEK system, my best guess is that following the expiration of whatever date you were given in your notice (likely 30 days), a second letter will be forwarded over to you stating that “because you did not settle, now we want $3,500 for that one title,” or whatever they are asking for.  This too can be negotiated by an attorney.

NOTE: Why $3,500?  Marvin Cable used to ask for $1,850, if I remember correctly, and that was back in 2012.  Also, CEG-TEK’s business model was not to sue anyone, so their settlement letters lacked ‘teeth’.  However, RIGHTS ENFORCEMENT settlement letters are made with an explicit threat that they will follow-up with a lawsuit against the internet subscriber of your account if you do not settle.  For this reason — because their threats have ‘teeth’ — you can expect to see higher follow-up settlement amounts, akin to a settlement if a lawsuit were filed.


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.

WHAT I KNOW ABOUT RIGHTS ENFORCEMENT

RIGHTS ENFORCEMENT represents EVERY movie copyright troll.

This is what I know so far about RIGHTS ENFORCEMENT (rightsenforcement.com) and the clients they are representing.

RIGHTS ENFORCEMENT is a reverse-engineered ‘evil twin’ of CEG-TEK.  I assume they are even a more advanced version of CEG-TEK (2.0), where they have likely taken CEG-TEK’s system and improved it to gain insight into the accused downloaders by using unethical malware, website scripts, and even illegal methods — “anything to gain an advantage.” (I do have reasons for saying this.)

Carl Crowell is behind the company.  He is a known copyright troll and is apparently the puppet master behind most of the movie-based “John Doe” copyright infringement lawsuits filed across the US by his team of local counsel.

RIGHTS ENFORCEMENT clients include both adult film companies, movie companies, (and with the recent contract to Rightscorp, now music artists as well).

RIGHTS ENFORCEMENT is the pre-lawsuit settlement arm of his copyright enforcement machine.  This pre-lawsuit mechanism uses automated DMCA abuse / copyright infringement notices to send settlement requests directly to subscribers through their ISPs.

WHAT ISPs ARE KNOWN TO BE WORKING WITH RIGHTS ENFORCEMENT?

ISPs known to be working with RIGHTS ENFORCEMENT are:

  1. AT&T,
  2. CenturyLink,
  3. Charter,
  4. Comcast,
  5. COX,
  6. Frontier,
  7. Hawaiian Telecom,
  8. Optimum Online,
  9. Time Warner Cable,
  10. Verizon, and
  11. Windstream.

RIGHTS ENFORCEMENT settlement demand letters require that accused recipients visit his rightsenforcement.com website and pay $300 per instance of infringement, per title (this can be negotiated down by an attorney).

WHAT IS THE RELATIONSHIP BETWEEN YOUR ISP AND RIGHTS ENFORCEMENT?

Click here for a detailed answer.

Quick Answer: There are three reasons an ISP will work with a copyright enforcement company such as RIGHTS ENFORCEMENT:

1) BECAUSE THEY ARE THREATENED TO COMPLY with the DMCA statutes,

2) BECAUSE THEY PROFIT FROM THE RELATIONSHIP, and

3) BECAUSE BOTH HOLD HANDS to reduce piracy on their networks.

Most likely, the relationship between Carl Crowell and the ISPs is 1) a relationship of force, threats, and control.

Again, click here for the full answer.

WHAT ARE THE MOVIE TITLES FOR WHICH RIGHTS ENFORCEMENT HAS LICENSED TO SUE?

Click here for RIGHTS ENFORCEMENT’s list of known movie titles from which they have and will likely sue.

UPDATES:  This list of movies (copyright holders who are signing on with Carl Crowell’s copyright trolling copyright enforcement model) continues to grow.  As of July, 2017, I have written about this twice already:

I have listed the list of titles in the linked article (click here) based on the the list of movies listed on the RIGHTSENFORCEMENT.com website.  I even took screenshots from that website (pasted below) so that you can view the images of the movies — that way, you’ll have a ‘heads up’ to learn which lawsuits will be filed for which movies in the coming months (they are methodically going through that list).

Rights Enforcement | RightsEnforcement.com ScreenshotRights Enforcement | RIGHTSENFORCEMENT.com screenshot.Rights Enforcement | RightsEnforcement.com Screenshot

Rights Enforcement | RightsEnforcement.com Screenshot

WHAT IF I ALREADY RECEIVED A DMCA NOTICE AND IT EXPIRED?

*IT IS NOT TOO LATE.*  Click here for an answer.

Hint: The copyright holders are given a 3-year statute of limitations to sue individuals for copyright infringement.  However, pretty quickly after your 30-day deadline expires (or however long RIGHTS ENFORCEMENT will allow you to settle before taking down the ability to settle), you will probably receive a second letter — this time addressed from one of their lawyers — indicating that “because you did not settle, now we want more money.”  That second-tier settlement amount will probably be significantly higher.

Again, click that link to get a more detailed answer.

SHOULD I IGNORE THE RIGHTS ENFORCEMENT DMCA VIOLATION NOTICE?

Click here for an answer.

Short answer: Because there are MANY ‘COPYRIGHT TROLL’ ATTORNEYS filing lawsuits across the US and working for Carl Crowell (the owner of the RIGHTS ENFORCRMENT website and likely puppet master for all of the movie-based copyright infringement lawsuits across the US), it is likely a VERY BAD IDEA to ignore this.

Again, click that link to get a more detailed answer.

IS IT SAFE TO LOG IN WITH MY CASE NUMBER AND IP ADDRESS ON THE RIGHTSENFORCEMENT.COM WEBSITE?

Click here for a detailed answer.

Short Answer: Absolutely not.  Logging into Carl Crowell’s RIGHTS ENFORCEMENT website will not only create a record that you were given the chance to settle for $XYZ amount, but there are also likely trackers and barbs built into the website which can dig into your computer and determine private things, such as what IP address you are coming from, where you are physically located (based on the geolocation of your IP address), what the MAC address is of your computer, what your operating system is, etc.

***And, if you do not have your javascript off and Adobe Flash capability turned off, RIGHTS ENFORCEMENT can dig deeper into your computer to determine what files you have installed on your computer, what software programs you have installed on your machine (e.g., do you have bittorrent installed?), and their website can run scripts (akin to apps or mini-programs) in your browser to reveal many other private things about you.

WHY DO YOU KNOW ALL THIS?

RIGHTS ENFORCEMENT is a reverse-engineered clone of the CEG-TEK website and DMCA abuse / copyright violation system.  I spent close to FIVE YEARS digging deep into the mechanics of their website, learning what tricks or systems were put in place, and I am generally knowledgeable about privacy and anonymity to the point that would make even someone wearing a tin hat cower in a corner.

What makes me good at this is because I understand not only what CEG-TEK did with their website, but I also understand how their system can be misused, and I have every expectation that the RIGHTSENFORCEMENT.COM website will be an improved version of the CEG-TEK website, complete with advanced tracking, and malicious scripts and content to provide the attorneys evidence against you which they will use to gain an advantage over you.

Plus, this is all fun for me (I am not a hacker), but I enjoy uncovering what pitfalls the bad guys have set up on their sites, and how to get around those pitfalls in a way that keeps my clients anonymous, that protects their wallet, their credit cards, and their peace of mind, and that keeps them legally out of trouble.


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.

RIGHTS ENFORCEMENT is a Reverse-Engineered CEG-TEK Evil Twin

I have been watching the analytics of this website, and as you know, I noticed a spike in individuals looking for help with the DMCA notices they received from an entity called RIGHTS ENFORCEMENT (a.k.a. “RIGHTSENFORCEMENT”).

Until now, because the only copyright enforcement company using DMCA settlement notices has been CEG-TEK (RightsCorp too, but they are a different animal), mistakenly, those who have come to this site have viewed the CEG-TEK articles.  I have done some extensive research to figure out exactly who RIGHTS ENFORCEMENT is, how they got a hold of CEG-TEK’s proprietary software, and what to expect from them.

RIGHTS ENFORCEMENT IS A REVERSE-ENGINEERED CLONE OF CEG-TEK

RIGHTS ENFORCEMENT is a reverse-engineered clone of CEG-TEK. They have taken and have copied all of the methodologies of CEG-TEK, and they have created a mirror entity which does exactly what CEG-TEK did. They have (I understand by brute force) convinced the ISPs to forward their DMCA settlement demand letters to subscribers, and when a subscriber receives a DMCA notice, they are directed to pay a settlement or be sued.

ISPs FORWARDING DMCA COPYRIGHT INFRINGEMENT NOTICES

ISPs forwarding the copyright infringement notices for this scheme fall into three categories.

  1. Those ISPs that I believe are being forced or bullied by Carl Crowell to participate in the scheme who were formerly hostile to this method of copyright enforcement;
  2. Those ISPs that were part of the Six Strikes System, but willingly participated in the bittorrent-based lawsuits; and
  3. Those ISPs who willingly worked with CEG-TEK to forward the DMCA copyright infringement notices for them, and now are forwarding the notices for Crowell.

CATEGORY 1) AT&T, COX, Frontier, Hawaiian Telecom, Windstream,

CATEGORY 2) Optimum Online, Time Warner Cable, and Verizon, and

CATEGORY 3) CenturyLink, Charter, and sometimes Comcast (at times) and COX (yes, I listed them twice on purpose).

CARL CROWELL IS THE NEW “KEITH LIPSCOMB” MASTERMIND BEHIND ALL GUARDALEY-BASED LAWSUITS.

Carl Crowell is the mastermind behind RIGHTS ENFORCEMENT, just as he is the mastermind behind all of the Guardaley lawsuits (pornography based AND movie-based). To understand who he is, he is equivalent to the ‘kingpin’ role that Keith Lipscomb had in directing all of the Malibu Media, LLC lawsuits (and formerly all of their other pornography-based lawsuits, e.g., Patrick Collins, K-Beech, NuCorp, etc.).

The interesting piece of information that people likely haven’t pieced together yet is when the relationship between Lipscomb and Malibu Media broke apart, so did the relationship with Lipscomb and Guardaley. If you time this, you’ll probably find that around the same time the relationship between Lipscomb and Malibu soured is the same time Carl Crowell ‘came to power’, so to speak and started filing all of the bittorrent-based lawsuits [backed by Guardaley].

***KEEP READING*** (SCROLL DOWN UNDER THE CONTACT FORM TO CONTINUE READING).

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.

RIGHTS ENFORCEMENT IS CEG-TEK’S ‘EVIL TWIN.’

So CEG-TEK (which at this moment is in a dormant state, but is still watching what is going on) is not RIGHTS ENFORCEMENT. RIGHTS ENFORCEMENT is an ‘evil twin’, so to speak of what CEG-TEK tried to be.

RIGHTS ENFORCEMENT USES FAR MORE AGGRESSIVE TRACKING METHODOLOGIES (WITH FAR MORE FALSE-POSITIVES).

The big difference between CEG-TEK’s bittorrent tracking methodologies and RIGHTS ENFORCEMENT‘s tracking methodologies will be the way someone is caught (and I am basing this on what I know about CEG-TEK’s vs. Guardaley’s tracking methods, because they were always competitors for the same copyright holder ‘copyright troll’ production companies).

CEG-TEK always waited until they could prove that the download actually happened.

Guardaley (and thus, RIGHTS ENFORCEMENT) ‘catches’ a downloader as soon as he clicks on a bittorrent file and joins a bittorrent swarm (before even a byte of data is transferred).

Thus, someone could technically get sued or accused of copyright infringement with Guardaley for a download they did not commit. They may have visited the bittorrent website. They may have clicked on the file, but that file never needed to download in order for Guardaley to sue that individual for copyright infringement.

WHY RIGHTS ENFORCEMENT WILL BE A MONSTER.

So in essence, RIGHTS ENFORCEMENT will be a monster. It’ll be an evil version of what CEG-TEK strove to become (CEG-TEK’s goal was always to discourage piracy, and they succeeded in their goal which is what made it not profitable for them).

RIGHTS ENFORCEMENT will likely accuse ISP subscribers of downloading multiple copyrighted files (asking for $300 per title), when the accused downloader merely clicked on a bittorrent file. This will be true even if he later changed his mind and decided not to download the file, whether he waited in the queue and never got the opportunity to download the bittorent file, or whether he clicked on a bittorrent file, but only decided to download one or more files in a bittorrent file that contained many files for download. Worse, if he clicks on a siterip (something Malibu Media, LLC / Guardaley) almost always ‘dings’ a defendant for, no doubt RIGHTS ENFORCEMENT will ask for settlements for each and every file in that siterip.

WHY CARL CROWELL WILL TURN RIGHTS ENFORCEMENT ‘EVIL’.

To make matters worse, Carl Crowell has a reputation that precedes him. Where CEG-TEK would give deference to an individual who made a mistake, or who didn’t realize the gravity of what he/she did, or if that individual was a war veteran or an elderly lady or gentleman, these considerations reportedly mean ABSOLUTELY NOTHING to Carl Crowell. Rather, people have referred to him as a bully, and in order to deal with a bully, you need to stand up and fight if needed.

In sum, this is why I am predicting that RIGHTS ENFORCEMENT will be a monster.

HOW WE WILL HELP TAKE DOWN ‘RIGHTS ENFORCEMENT’

As I mentioned before, expect Carl Crowell (and anyone working under him) to be a bully.  As such, the only way to fight a bully is to punch him in the face.  Now since it does a client of our firm no good if I ‘punch him,’ so to speak, the only way to handle a bully entity (as I am sure RIGHTS ENFORCEMENT will become) is to be willing to step away from a negotiation, file a lawsuit, and perhaps even proactively file a declaratory judgement action for non-infringement.  For copyright matters, this can be done in any federal court in any state (although Crowell has already had some issues with judges in his own state, so perhaps that is a good place to start).

I will take clients for both settlements (these will be anonymous just as a CEG-TEK matter would be since Crowell will not know who you are when he sends the DMCA copyright infringement notice to you), and for the explicit purpose of filing lawsuits (and defending lawsuits filed) by him and his local attorneys in the various states’ federal courts.

There will essentially be three kinds of clients:

GROUP 1) Clients with matters small enough that we can resolve them anonymously with no, some, or aggressive negotiation.

GROUP 2) Clients with matters to large to settle (e.g., they are faced with an unreasonable settlement demand, or RIGHTS ENFORCEMENT is unwilling to negotiate a matter).  For these clients we will defend the lawsuit when the client is sued (again, it does not matter in which court this happens), or we will proactively file a declaratory judgement action to obtain a ruling that these clients were not guilty of copyright infringement.

GROUP 3) Clients who want to skip all settlement negotiations and fight this matter in court.  As I mentioned, many individuals will get accused of downloading titles they simply did not download (or, that perhaps they clicked on, but did not download).  For these people who are willing to fight, we’ll skip settlement negotiations and go straight to the lawsuit.

In sum, I am willing to dedicate a significant amount of our firm’s resources to shutting this guy down. From what I understand, this Carl Crowell guy is another John Steele bully, and if he runs his RIGHTS ENFORCEMENT the way he’s been handling his lawsuits, I will be sure to help clients either proactively attack the claims against them, or in the alternative, I will help them get out of his way with an anonymous settlement.

Blog Articles:

Anti-Piracy Management Company (APMC) Still Running Strong – “Pay No Attention To That Man Behind the Curtain!,” written by DieTrollDie on 4/13/2017.

New Automated DMCA Notices Hit Movie Pirates With $300 Fines,” TorrenFreak, written on 3/11/2017.


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.

RIGHTS ENFORCEMENT DMCA letters like CEG-TEK but with teeth.

If CEG-TEK were a stone, I deeply analyzed every facet of it.  I knew every client of theirs. I knew what business connections they had, how they acquired them, and which ISPs they were working with.  I knew which of their principles answered the phones, and at what times.  I knew what problems they were working on internally, and what business ventures they were working on externally. But then in August of 2016, they took a step back and stopped sending DMCA letters to ISP subscribers accusing them of copyright infringement.

I thought this was a win, namely, that there was one fewer copyright enforcement agency out there actively sending settlement demand letters and threats to sue for copyright infringement in federal court.

Before CEG-TEK stopped going after downloaders, there were rumblings of what was to come.  …What they would and would not do, and as far as I understood, their success was causing their business model to fail.  Around the same time, there was a huge opportunity missed for Keith Lipscomb to partner with CEG-TEK (consider this lucky timing based on him getting sued by his Malibu Media, LLC client), because if the relationship between Lipscomb and Malibu Media, LLC had not soured around the same time as CEG-TEK began to shift their client base and restructure the operations of the company, Lipscomb might have proposed a partnership and CEG-TEK might have agreed to it.

For those of you are newcomers because you received a notice or a letter forwarded to you from your ISP based on the Digital Millennium Copyright Act (“DMCA”) statutes, Lipscomb used to be the mastermind behind each and every Malibu Media, LLC (adult film-based pornography lawsuit) and through his local attorneys across the US, he filed thousands of copyright infringement lawsuits against John Doe Defendants, initially asking for $20,000+ in settlement amounts from each defendant.  Do the math.

If Lipscomb corrupted CEG-TEK’s Copyright Enforcement system, instead of asking for a mere $300 per title for the bittorrent download of one copyrighted title, Lipscomb would have employed Malibu Media, LLC’s strategy of “catch one torrent click, sue for 60+ titles which were all downloadable by clicking that one bittorrent file.”  In other words, we would have seen settlement amounts of $18,000 ($300/title x 60 titles) per accused downloader.

But that didn’t happen, or so I thought…

HAS “RIGHTS ENFORCEMENT” BECOME THE NEW CEG-TEK?

Come now, a new entity dressed in new clothes, but one that still ‘walks and quacks’ like CEG-TEK did.  This new entity named “RIGHTS ENFORCEMENT” (or, “RIGHTSENFORCEMENT”) appears to have gotten access (legally, illegally) to CEG-TEK’s proprietary systems and mechanisms and they started sending DMCA settlement demand letters directly to ISP subscribers, just as CEG-TEK did.  They appear to be tracking and sending these notices the same way CEG-TEK did.  They are asking for $300 per title as a settlement, just as CEG-TEK did.  But the RIGHTS ENFORCEMENT name doesn’t carry the same history as does the CEG-TEK name, which caused me to write almost FIVE YEARS of blog entries on them.

A few weeks ago, I started to notice that people were finding my older website articles using the names of CEG-TEK’s old clients, as I outlined in CEG-TEK’s Client List (posted in 2014).  I saw Google Searches such as looking for DMCA notices surrounding adult film companies such as Brazzers, Girlfriends Films, Reality Kings, Wicked Pictures (all CEG-TEK clients), just to name a few.  I did not think anything about this until in the past few days, people started visiting my CEG-TEK articles.  Again, I didn’t think much about it until the visits to the CEG-TEK articles started to spike in the last day or so, and this morning, I wrote a blog entry in alarm, asking why everyone was suddenly visiting articles on CEG-TEK, a sleeping entity?

I have to thank Sophisticated Jane Doe (“SJD”) of FightCopyrightTrolls.com for the tip-off.  I am posting her comment in its entirety, and I do encourage her to write more about it.  While I could answer a number of her questions about the mechanisms of how CEG-TEK did their tracking, and how their systems worked, SJD has pieced together who the entities are behind the scenes.

Crowell was cozying with Siegel since last summer. “London Has Fallen,” used for shakedown by both the Guardaley network and Siegel, was a test drive for something new IMO. This “new” is a new CEG-TEK-like outfit created and run by Crowell in December. Check it out. The letters are already being sent out. I wanted to write a post (and maybe I will) about these developments, but has been busy recently.

I don’t know who harvests IP addresses and have no idea to what extent Siegel and Crowell work together, if at all, but my gut feeling: they do.

The gravity of this news is that Crowell & Co have something that neither Rightscorp nor CEG-TEK had: credibility of threats to sue. As a result of non-paying to this new shakedown factory, at least one lawsuit was already filed (can’t locate it for the moment, but the complaint explicitly mentioned that the defendant was given opportunity to pay small ransom, but skipped).

Funnily, Crowell wrote about it anonymously yesterday, as if he didn’t know.

“RIGHTS ENFORCEMENT” IS NOT CEG-TEK

So what do we have now?  We appear to have a new copyright enforcement entity called “Rights Enforcement” which acts as if it is CEG-TEK, just in new clothes.  Aside from the fact that this name (RIGHTSENFORCEMENT) is impossible to search for in a Google Search (ingenious).  Aside from the fact that it is next to impossible to bring scrutiny to Rights Enforcement’s practices because the name is so generic.  And, aside from the fact that “rightsenforcement.com” is just as confusing to look at as “iwenttothestoreyesterdaytobuysomedaisies.com”… I believe what is going on.

CEG-TEK WOULDN’T SUE. RIGHTS ENFORCEMENT UNDER OWNERSHIP / MANAGEMENT OF ATTORNEY CARL CROWELL WILL SUE.

A big complaint the principles at CEG-TEK used to have is that they would ask for $300/title and threaten to sue if this amount was not paid, but when that notice was ignored, nobody at CEG-TEK filed any lawsuits.  I would even say that Ira Siegel was averse to filing lawsuits, as we know that he used to file copyright infringement lawsuits, and then after having Siegel had a number of bad experiences with the California federal courts inquiring about his settlement rates, he dropped all of his lawsuits and went on to help form Copyright Enforcement Group (CEG-TEK).

However, RIGHTS ENFORCEMENT is run not by Ira Siegel, but by Carl Crowell.  Putting aside everything that has been written about him on the other bittorrent-based blogs, one thing that you as a recipient of the DMCA letter must know is that Carl Crowell files lawsuits in federal courts, justified or not.  This means that if a settlement is not reached, he will file copyright infringement lawsuits against individual John Doe Defendants, and instead of asking for $300 for one title (or whatever he is asking for in the DMCA notices), he will file a copyright infringement lawsuit for $150,000 for the infringement (unlawful download, upload, etc) for ONE copyrighted movie.

So in sum, as far as I understand it, RIGHTS ENFORCEMENT is a reverse-engineered copy of CEG-TEK, but with teeth and a salivating desire to sue accused downloaders who do not settle.

FOLLOW-UP NOTE (FOR ACCURACY PURPOSES): RIGHTS ENFORCEMENT, especially with litigious attorney Carl Crowell is certainly a threat to anyone who received a DMCA  letter from their ISP.  Why?  Because whoever represents a client in a settlement MUST be prepared to also be able to fight Carl Crowell in the federal courts.  It appears as if they have somehow acquired, or even reverse engineered CEG-TEK’s DMCA copyright infringement notice system (I have already contacted a number of individuals at CEG-TEK trying to ascertain who RIGHTS ENFORCEMENT is).

Either way, based on the way they appear to be structured, I believe that we’ll be able to settle these cases using the same methodologies as we did the CEG-TEK cases (keeping the accused downloader ANONYMOUS), but with a caveat that we did not need to give our CEG-TEK clients — these guys are a different breed of attorneys than CEG-TEK, and they come to the negotiations with a “we’ll take your house” mentality, so aggressive negotiations backed by a willingness to fight or be bullied is the strategy that will need to be used with this new RIGHTS ENFORCEMENT / CEG-TEK clone entity.


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.