Category Archives: Geolocation of IP Addresses

Malibu Media, LLC cases facing hard scrutiny in California.

Malibu Media, LLC just stepped into mud.

Let’s take this one step deeper, and delve into the 100 most recent cases filed in October, because these are the Malibu Media, LLC cases most relevant to people now (the July-August batch of cases have likely been disposed of by now).

Of the 109 cases, roughly EIGHTY of them were filed in the California Northern District Court, and EACH AND EVERY CALIFORNIA CASE was assigned to Judge William Alsup (going back to even 2011, I referred to him as ‘Judge Rocket Docket’ by the way he handles and disposes of cases). In my humble opinion, it appears to me as if Malibu Media here stepped in the mud.

NOTE: BEFORE READING THIS ARTICLE: If you have not already done so, and you are implicated as a John Doe in a Malibu Media, LLC lawsuit, read these first:

1) “Everything You Need To Know in One Page About Your Malibu Media, LLC (X-Art) Lawsuit [FAQ]
2) “In-Depth Malibu Media.  Their Lawsuits, Their Strategies, and Their Settlements

FOR IMMEDIATE CONTACT AN ATTORNEY: To set up a free consultation to speak to an attorney about your Malibu Media, LLC lawsuit, click here.  Lastly, please feel free to e-mail me at info [at] 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.

Which California Malibu Media cases are affected?

Here are a list of the cases. I’ll write my opinion about them in just a moment.:

80 CASES FILED IN 10/2016 IN THE CA NORTHERN DISTRICT COURT (CAND) — [I’m not formatting these.  Just note the filing dates.]
Malibu Media LLC v. Doe (Case No. 3:16-cv-05741) Oct 06, 2016
Malibu Media LLC v. Doe (Case No. 4:16-cv-05742) Oct 06, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05742) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05737) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05738) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-05741) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05739) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 4:16-cv-05735) Oct 06, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05735) Oct 06, 2016
Malibu Media, LLC v. John Doe (Case No. 5:16-cv-05743) Oct 06
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-05743) Oct 06
Malibu Media LLC v. Doe (Case No. 3:16-cv-05825) Oct 09, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05829) Oct 09, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05827) Oct 09, 2016
Malibu Media LLC v. Doe (Case No. 4:16-cv-05828) Oct 09, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-05826) Oct 09, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-05829) Oct 09, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05826) Oct 09, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05828) Oct 09, 2016
Malibu Media, LLC v. John Doe (Case No. 5:16-cv-05824) Oct 09
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-05824) Oct 09
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-05823) Oct 09
Malibu Media LLC v. Doe (Case No. 4:16-cv-05850) Oct 11, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05845) Oct 11, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05848) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05847) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 4:16-cv-05845) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05849) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 4:16-cv-05848) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05850) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 4:16-cv-05849) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-05855) Oct 11, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05855) Oct 11, 2016
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-05843) Oct 11
Malibu Media, LLC v. John Doe (Case No. 4:16-cv-05843) Oct 11
Malibu Media LLC v. Doe (Case No. 3:16-cv-05925) Oct 13, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05926) Oct 13, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05920) Oct 13, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05927) Oct 13, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05921) Oct 13, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05922) Oct 13, 2016
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-05923) Oct 13
Malibu Media LLC v. Doe (Case No. 3:16-cv-05974) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05976) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 5:16-cv-05975) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05975) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 4:16-cv-05977) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-05977) Oct 17, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05970) Oct 17, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05972) Oct 17, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-05973) Oct 17, 2016
Malibu Media LLC v. Doe (Case No. 4:16-cv-06108) Oct 23, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06110) Oct 23, 2016
Malibu Media LLC v. Doe (Case No. 4:16-cv-06109) Oct 23, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06111) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06106) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-06110) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-06111) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06107) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06108) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06112) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06109) Oct 23, 2016
Malibu Media, LLC v. Doe (Case No. 4:16-cv-06107) Oct 23, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06160) Oct 25, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06146) Oct 25, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06147) Oct 25, 2016
Malibu Media, LLC v. Doe (Case No. 5:16-cv-06160) Oct 25, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06155) Oct 25, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06141) Oct 25, 2016
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-06144) Oct 25
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-06143) Oct 25
Malibu Media LLC v. Doe (Case No. 3:16-cv-06241) Oct 28, 2016
Malibu Media LLC v. Doe (Case No. 3:16-cv-06242) Oct 28, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06245) Oct 28, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06239) Oct 28, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06247) Oct 28, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06240) Oct 28, 2016
Malibu Media, LLC v. Doe (Case No. 3:16-cv-06249) Oct 28, 2016
Malibu Media, LLC v. John Doe (Case No. 3:16-cv-06243) Oct 28

My opinion about Judge Alsup and the Malibu Media California Cases.

My first impression when reviewing these cases was… why did they file them in batches of 10-13 cases or less?  Were they trying to ‘play’ the case distribution game in order to make sure the cases were equally distributed between all of the California Northern District federal judges?  Because this backfired on them.  Judge Alsup has all of their California cases.

I actually smiled when I saw that each of the cases are now assigned to Judge Alsup, because he has been known to question Malibu Media’s tactics. Let me say this more clearly — Judge Alsup knows exactly who Malibu Media, LLC is, what kind of copyright trolls they are, and he makes no secret about it. He is even on the record in casting doubt on the reliability and the accuracy of the geolocation data that Malibu Media uses to file their lawsuits.

Most recently, on December 1st (see, Case No. 3:16-cv-05738 (Document 8), Judge Alsup denied 53 requests by Malibu Media to send letters to the ISPs ordering them to turn over the identity of the accused internet users, which means that 53 of the 80 California ‘John Doe’ defendants in these cases (maybe more by now) will be shielded from Malibu Media, LLC’s copyright infringement lawsuits and tactics.

In Summary, California Malibu Media, LLC days are over…

IN SUM, BECAUSE JUDGE ALSUP DENIED MALIBU MEDIA LLC’S MOTION FOR EXPEDITED DISCOVERY, MALIBU MEDIA LLC WILL NOT BE PERMITTED TO SEND SUBPOENAS TO THE ISPs ORDERING THEM TO HAND OVER THE CONTACT INFORMATION FOR THESE DEFENDANTS.

I have not checked whether anything has happened since 12/8, but in short, if you live in California, Malibu Media is not doing so well.

SOURCES AND KUDOS

Sources and Kudos to:
Fight Copyright Trolls, “Judge Alsup questions accuracy of Malibu Media’s geolocation technology, stays subpoena” on 6/20/2016, updated on 12/6/2016.

Fight Copyright Trolls, ““Malibu Media’s geolocation accuracy: more scrutiny” on 6/21/2016.

Techdirt, “Judge Calls Out Malibu Media For Its Attempt To Cut And Run When Faced With Challenge To Its Infringement Claims” on 6/27/2016.


FOR MORE INFORMATION ABOUT MALIBU MEDIA, LLC:Again, if you have been implicated as a John Doe defendant in a Malibu Media, LLC lawsuit, there are TWO (2) main articles you should read immediately:

1) “Everything You Need To Know in One Page About Your Malibu Media, LLC (X-Art) Lawsuit [FAQ],” and then
2) “In-Depth Malibu Media.  Their Lawsuits, Their Strategies, and Their Settlements.”

FOR IMMEDIATE CONTACT AN ATTORNEY: To set up a free consultation to speak to an attorney about your Malibu Media, LLC lawsuit, click here.  Lastly, please feel free to e-mail me at info [at] 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: 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 else can you tell me about the Malibu Media cases?

[2017 UPDATE] The best way to learn about Malibu Media, LLC is to read what happened to them as it happened.  The list of stories below (in the order I listed them) tell the Malibu Media story in a way that you will understand them.

What is the REAL RELATIONSHIP between your ISP and CEG-TEK?

The Three Relationship Types Between a Copyright Troll and an ISP.

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

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

1) A RELATIONSHIP OF FORCE AND THREATS AGAINST THE ISP (where CEG-TEK threatens, and the ISP complies),

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

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

SCENARIO 1) “A RELATIONSHIP OF FORCE AND THREATS AGAINST THE ISP” (where CEG-TEK threatens, and the ISP complies)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[2017 UPDATE: Carl Crowell has created a new entity called RIGHTS ENFORCEMENT which has reverse-engineered CEG-TEK’s proprietary DMCA copyright infringement notice system.  Many of you have visited CEG-TEK links thinking that RIGHTS ENFORCEMENT was CEG-TEK, but really they are an ‘evil twin’ competitor.  Since the two entities operate almost the same way, it is good to understand the relationship between a copyright enforcement entity (here, RIGHTS ENFORCEMENT and below, CEG-TEK).]]


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.

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?

CEG-TEK NOW WORKING WITH CANADIAN ISPS.

I am not licensed to practice law in Canada, and my knowledge (as far as I am able to share) is limited to U.S. Copyright Law, and the states in which I am licensed.

That being said, I have received more than just a few inquiries from those of you who have received “DMCA Copyright Infringement Notices” from your ISPs in Canada and Australia, and I thought it was time to clarify which ISPs appear to be “working” with Ira Siegel (CEG-TEK), and what their capabilities appear to be.

HOW CAN CEG-TEK SEND OUT LETTERS TO CANADIAN CITIZENS, AND WHICH CANADIAN ISPs APPEAR TO BE WORKING WITH CEG-TEK?

So far, infringement notices began to be sent out to Canadians under a loophole which allowed U.S. copyright holders to send infringement notices to Canadian subscribers.  While many have received these notices, it appears to me that CEG-TEK is focusing on the following ISPs:

Bell Canada
Rogers Communications (a.k.a. Rogers Cable)

Shaw Communications Inc. (a.k.a. Shaw Cablesystems G.P., or “sjrb.ca”)
ACN Canada
Electronic Box Inc.
TELUS Communications Company
Start Communications (a.k.a. “start.ca”)
TekSavvy Solutions Inc.

Now obviously there are others out there, but these seem to be where the focus of the letters seem to be going out.  Also, remember that CEG-TEK spends a large amount of time recruiting ISPs to sign on to their “cause” to eliminate piracy.  I remember how happy they were when in the U.S., they got COX Communications to start working with them.  No doubt, they are working to recruit more and more ISPs every day, and these few ISPs seem to be the Canadian ISPs that CEG-TEK appears to be regularly using to send out the DMCA settlement demand letters.

WHAT DO THE CANADIAN ISPs [WHO WORK WITH CEG-TEK] APPEAR TO BE PROVIDING THEM?

Originally, I expected that because of the Canadian loophole, that CEG-TEK was sending these “blind,” meaning, not knowing who the downloader is.  But, because of recent trends (where CEG-TEK is now picking up “additional cases” which were downloaded by that same user sometimes weeks or months ago), I am now understanding that certain Canadian ISPs (my best guess, Bell Canada, Rogers, Shaw, and possibly the others) are working with CEG-TEK to provide them 1) geolocation data as to where the downloads are taking place, and/or 2) lists of past IP addresses which have been leased to that internet user / subscriber over the past twelve months (or, whatever that ISPs “IP Retention Policy” before they purge the IP address data for older records).

Thus, Canadian CEG-TEK cases are starting to look and act more like U.S. CEG-TEK cases as far as them having the ability to identify who the subscriber is, and CEG-TEK being able to “look back in time” to see what other bittorrent downloads belonging to their many clients [that their bots tracked on the bittorrent networks realtime weeks or even months ago] these subscribers participated in.

WHAT ARE YOUR CONSIDERATIONS AS TO WHETHER TO IGNORE OR SETTLE WHEN YOU LIVE OUTSIDE OF THE U.S.:

If the Canadian accused of downloading copyrighted materials via bittorrent is concerned that maybe they will be named and served as a defendant in a U.S. federal court, and they have a reputation that they must preserve (meaning, they have little-to-no risk tolerance of having their name become associated with being part of a pornography or piracy lawsuit), AND THE COPYRIGHT HOLDER IS A “COPYRIGHT TROLL,” (meaning, they have sued John Doe Defendants in the U.S. courts, or they have made known that they intend to sue defendants who ignore the DMCA copyright infringement letters that are sent to accused internet users), ONLY THEN does it make sense to settle a CEG-TEK claim against you.

Why?  Because as soon as an individual is named and served as a defendant in a U.S. lawsuit, there are many “spiders” and “robots” which comb the U.S. District Court (federal) court cases, and report and index the names of the court cases on the various search engines.  The effect of these “spiders” on a Canadian is that information on the lawsuit gets posted on the internet and remains there forever.  That way, if someone (e.g., an employer, a creditor, or someone who wants to dig up information on a particular person) does an internet search for that person’s name, then that person’s name and his involvement in the lawsuit will show up as one of the top entries on the search engine’s results, along with the case information.

And to make matters worse (which is why I would like to see some discretion on the part of the websites NOT to index the names of defendants in search engine results), even if that accused defendant did not do the download but was merely the account holder when the download allegedly occurred, or EVEN IF THAT DEFENDANT FIGHTS THE CHARGES AND WINS — FOREVER, THAT “NAMED” DEFENDANT WILL HAVE THE FACT THAT THEY WERE IMPLICATED IN A COPYRIGHT INFRINGEMENT LAWSUIT FOR PORNOGRAPHY OR PIRACY will have their reputations tarnished because the lawsuit will show up in the search engine results.

This is the most powerful leverage a copyright holder has over an accused defendant, namely, that even if he fights the case and wins, his reputation will forever be tarnished, and for this reason alone people settle the claims against them, even before there is a lawsuit.  I have spoken to hundreds (if not thousands of accused defendants) over the years, and this is the primary reason people (even those outside of the U.S.) settle.

[Personally, this is why I would like to see the laws changed to make it a crime (or more likely, very heavy civil fines, penalties, or sanctions) to name and serve a defendant without having a higher threshold of evidence (e.g., “clear and convincing” rather than “more likely than not”) that it was them who did the crime they are accused of.  Too many families have had their reputations ruined because some overzealous attorney accused them of a crime they did not commit.]

Because of the leverage a copyright holder yields over an accused defendant that they may sue, this is why I read the press releases and follow the financial lives of many of the copyright holders — so that I can properly predict what they will or will not do in the future.  This is also why I make such a large distinction on this blog and when discussing cases with potential clients of distinguishing those copyright holders who are “copyright trolls” (those who have sued in the past, or are likely to sue in the future) versus those who have not yet sued in the U.S. federal courts, and those who (in my opinion) will never sue.  That way, at least I can properly advise clients as to which copyright holders pose the greatest risks, and which copyright holders they can ignore based on who the copyright holders are, what they have done in the past, and what they have publicly stated (in court cases, motions, press releases, and on website articles) that they will do in the future.

IN SUMMARY:

So for those of you who live in Canada, or Australia, or whatever countries the U.S. copyright holders will go next to enforce their rights, please be level-headed when receiving these infringement notices from CEG-TEK and the like.  Don’t call the copyright holder or CEG-TEK and argue whether you are “guilty” or not, because their job is merely to collect a settlement from you.  Rather, contact an attorney (me, or someone else who knows the operation of CEG-TEK and the tendencies of the specific copyright holder), and determine whether you are dealing with what I refer to as a “copyright troll” or not.  Assess your risks, and proceed accordingly down the “settle” or “ignore” route we discuss on our calls.

Once again, the main consideration as to why people settle is if you have a copyright holder who is a “copyright troll,” and you are concerned that you will be named and served as a defendant in a U.S. lawsuit, and that your involvement in that lawsuit (whether or not you are found guilty) will tarnish your reputation abroad in a search engine when someone searches your name when applying for a job, etc.  Otherwise, learn who your copyright holder is and if there is a low risk of them suing, save your money.

LEGAL DISCLAIMER: I personally find it silly to see attorneys place disclaimers on website articles, but here it is actually appropriate.  In this article, I am not suggesting that any person ignore a settlement demand letter that is sent to them, nor am I suggesting that they settle the claims against them.  I am also merely stating my thoughts about the likelihood of being sued so that they can evaluate their options and the risks and rewards of each course of action.  These are not legal opinions, nor are they to be considered advice to act upon or not act upon. 

Every person’s situation is different, and every person has a slightly different set of circumstances that can affect whether the best course of action is to ignore, fight, or settle, and every copyright holder similarly makes the same financial risk-reward analysis of whether it makes financial sense to take a particular action.  Often, lawyers take actions which do not make financial sense for an alternative reason, e.g., to get a judgement in a particular location against a poor person, NOT to ever collect that judgement, but as a trophy or a weapon to show the next set of would-be defendants that he is ready, able, and willing to pursue a particular line of attack against them as just as they did to so-and-so.  The opinions stated here are my own calculations based on my own understanding of the circumstances.

[2017 UPDATE: Carl Crowell has created a new entity called RIGHTS ENFORCEMENT which has reverse-engineered CEG-TEK’s proprietary DMCA copyright infringement notice system.  Many of you have visited CEG-TEK links thinking that RIGHTS ENFORCEMENT was CEG-TEK, but really they are an ‘evil twin’ competitor.  Since the two entities operate almost the same way, and since I am getting hits from our site’s analytics that RIGHTS ENFORCEMENT is also sending copyright violation notices to Canadian ISP subscribers as well, this article is relevant.]


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 is AGENCY? Can an entity enforce a copyright they do not own? (Think, CEG-TEK.)

There was a point where someone raised the question, “should I be afraid that a copyright troll might try to sue or collect money for copyrights they don’t own?” That is an interesting question and certainly this could happen, but apparently CEG-TEK took it seriously since they represent so many copyright holders, and they have altered some of the DMCA letters that they send to accused internet users through their ISPs.

As a response to this question (which I suppose was asked enough times to inspire them to take action upon it), in the most recent versions of the CEG-TEK DMCA letters, there is now often a link to a “certification page” which affirms that CEG-TEK is authorized to collect settlements on behalf of a particular copyright holder.

I clicked on a few of the links, and while a few of them were innocuous (containing only the certification from the copyright holder’s website), some of them were pretty explicit as far as the graphics they show on their websites. I thought it would be a good idea to take a few screenshots and post them here, but after seeing a few of the sites, posting the screenshots here would put our website into the “Not Safe For Work (‘NSFW’)” category (as if it is not already in that category from its content).  I have pasted one below just to show an example of what they look like:

Reality Kings

For some of their other clients, below are some of the links I have collected over the past few weeks (and by NO MEANS is this a complete list of CEG-TEK’s client list. I tried to create such a “List of CEG-TEK clients” in June, 2014, and it backfired because immediately afterwards, so many of the copyright holders scattered and changed their name completely confusing the issue of who is a copyright troll and who is not a copyright troll.) I am merely providing this list as a quick sample to prove the existence of an AGENCY AGREEMENT between CEG-TEK and various copyright holders:

Digital Sin Inc. (a known copyright troll which carries the following brands: Digital Sin Inc, Greedy, Hot Boxxx, Lesbian Provocateur, New Sensations Inc*, The Romance Series, Vengeance XXX, X-Play)
http://www.digitalsindvd.com/distro/agent-cert.php

MG Premium Ltd DBA Mofos (formerly, “Froytal Services Ltd.” which carries the following brands: Canshetakeit, Iknowthatgirl, Ingangwebang, Latinasextapes, Letstryanal, Milfslikeitblack, Mofos, Mofosnetwork, Mofosoldschool, Mofosworldwide, Pervsonpatrol, Publicpickups Realslutparty, Shesafreak, Teensatwork)
http://www.mofos.com/cegtek-cert/

Porn Pros [also seen as AMA Multimedia, LLC] (which carries the following brands: Drive Shaft, Gay Castings, Gay Room, Man Royale, Men POV, Porn Pros, Pure Passion, Thick and Big, Tiny4K)
http://pornpros.com/cegtek-cert

MG Premium Ltd DBA Brazzers (formerly, “Froytal Services Ltd.” which carries the following brands: Asses In Public, Baby Got Boobs, Big Butts Like It Big, Big Tits At School, Big Tits At Work, Big Tits In Sports, Big Tits In Uniform, Big Wet Butts, Brazzers, Brazzers Vault, Brazzers Network, Busty And Real, Bustyz, Butts And Black, Day With A Pornstar, Dirty Masseur, Doctor Adventures, Hot And Mean, Hot Chicks Big Asses, HQ Honeys, Jizz On My Juggs, Jugfuckers, Milfs Like It Big, Mommy Got Boobs, Pornstars Like It Big, Racks And Blacks, Real Wife Stories, Sex Pro Adventures, Shes Gonna Squirt, Teens Li)
http://www.brazzers.com/cegtek-cert/

MG Content RK Limited DBA Reality Kings (formerly, “Manwin Content RK Ltd.” which carries the following brands: 40inchplus, 8thStreetLatinas, Bignaturals, BigTitsBoss, Bikini Crashers, CaptainStabbin, CFNM Secret, Cum Girls, CumFiesta, Cumfu, Dangerous Dongs, EuroSexParties, Extreme Asses, Extreme Naturals, FirstTimeAuditions, FlowerTucci, Footville, Girls of Naked, Happy Tugs, Hot Bush, InTheVip, Itsreal, Kingdong, Kristinslife, Manueluncut, MegaCockCravers, MikeInBrazil, MikesApartment, MilfHunter, MilfNextDoor, Mollyslife, Moms Bang Teens, MoneyTalks, MonsterCurves, Muffia, Mysexylife, Nakedmovie, etc.)
http://www.realitykings.com/cegtek-cert.htm

MG Content DP Limited DBA Digital Playground (formerly, “Manwin DP Corp.”)
http://www.digitalplayground.com/cegtek.html

E.A. Productions / Evil Angel
http://www.evilangelvideo.com/copyright/

Addicted 2 Girls
http://www.addicted2girls.com/cegtek.php

New Sensations Inc. (a known copyright troll which carries the following brands: Digital Sin Inc*, Greedy, Hot Boxxx, Lesbian Provocateur, New Sensations Inc, The Romance Series, Vengeance XXX, X-Play)
http://www.newsensations.com/tour_ns/cert.html

MG Cyprus Ltd DBA Men
http://www.men.com/cegtek-cert/

*[UNRELATED, BUT FUN TO NOTICE: Note the overlap between these companies as far as which brands are owned by which companies. Many of the popular names have the same parent company, e.g., MG Content, MG Premium, or more plainly, Manwin.  Also notice that some “brands” which market themselves to be separate and apart from one another are actually owned by the same entity, e.g., New Sensations, Inc. and Digital Sin, Inc.; as much as they tried to pretend that they were different entities when suing in the federal courts, we now know that they are the same entity. It is also interesting to see what a “small world” the adult industry is, and who the power players are behind the scenes of the “large” brand names. Unrelated to this article, when defending clients in federal court and in settlement negotiations, I have often found it funny to find that “old man grandpa” or “innocuous family woman grandma” is the CEO or power behind a large multi-million dollar adult company.]

What to take away from this article is simply that CEG-TEK’s role is as an “Intellectual Property Monetization” company, where the copyright holders hire them to track instances of copyright infringement using the bittorrent networks (hence the “CEG” portion of their name stands for “Copyright Enforcement Group,”), to collect and record the IP addresses of the accused infringers, identify the internet service providers (ISPs) associated with those IP addresses (and yes, they now contact ISPs not only in the U.S., but also in Canada and Australia), and request, pay, pressure, or threaten the ISPs to forward their copyright infringement notices to the subscribers which invites the accused internet user to visit their CopyrightSettlements.com website in order to view the claims against them and to pay a settlement fee to avoid potential legal action that may be taken against the internet users.

What is also important to note is that the legal role CEG-TEK plays is the authorized AGENT of the copyright holder. This means that whatever CEG-TEK agrees to (e.g., when an attorney negotiates a settlement on behalf of a client, or when CEG-TEK agrees to make one or more cases “go away” as part of a settlement negotiation), all of their activities are binding on their client, the copyright holder. Thus, if you pay CEG-TEK*, it is as if you paid the copyright holder. I am obviously simplifying the law of Agency here (where there are nuances), but what to take away is that anything CEG-TEK does, they do on behalf of their client and with the implicit [and in many cases, explicit] authorization of their client. That means that no, a copyright holder cannot turn around and sue you if you paid CEG-TEK to satisfy that copyright holder’s claim of copyright infringement against you where that client has hired CEG-TEK to enforce the copyright holder’s copyrights on their behalf (now you know the term, as their “agent.”).

*NOTE: I don’t need to toot my own horn and solicit my own services, but before you decide to pay CEG-TEK or visit their website, please do your research and contact an attorney who is familiar with their operation.  There are things to be aware of specifically with regard to capabilities CEG-TEK and ISPs have as far as geolocation technologies to identify the location where a download is claimed to have taken place, and how a company can dig into your past browsing history (with the help of an ISP providing your past IP addresses) in order to discover past acts you may or may not have taken part in.  Each of these impact your anonymity when settling a claim against you, and ultimately what a copyright holder can or can not later claim against you.  Your lawyer should understand this to help you understand the limits of CEG-TEK’s knowledge so that whether you choose to ignore or settle a claim, you will be aware of who is allowed to do what before, during, and after a settlement, and what are the time limits they face before information they may have on you is purged from your ISP’s records, sometimes making it unnecessary to worry about a settlement or a lawsuit.

[2017 UPDATE: Carl Crowell has created a new entity called RIGHTS ENFORCEMENT which has reverse-engineered CEG-TEK’s proprietary DMCA copyright infringement notice system.  Many of you have visited CEG-TEK links thinking that RIGHTS ENFORCEMENT was CEG-TEK, but really they are an ‘evil twin’ competitor.  Since the two entities operate almost the same way, and since Crowell has effectively taken CEG-TEK’s clients, this article about sending demand letters and suing for copyrights one does not own becomes very relevant.]


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.