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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

Turnkey ‘Settlement Factory’ Defense Attorneys and Malibu Media LLC

Malibu Media, LLC v. Doe lawsuits have plagued the US federal courts so far with over 6,000 lawsuits filed nationwide.  The burden to the courts to manage each of these cases is large.  The emotional and financial burden to families faced with subpoenas sent to their ISPs forcing them to decide whether to file a motion to quash the subpoena or pay a large settlement is staggering.

There is no public defender to represent John Doe Defendants against Malibu Media, LLC in motions to quash, and so-called defense attorneys are using the $150,000 statutory damages these cases come with to manipulate those they speak to into settling the Malibu Media lawsuit.  What many John Doe defendants have told me in response to the articles that have been written on “Turnkey” / “Settlement Factory” defense attorneys is that they have been overpaying to the tune of thousands of dollars per settlement because their attorney agreed to settle for a “per case” amount significantly higher than I know Malibu Media, LLC would have come down to in a settlement negotiation.

For this reason, I am posting again on the topic of defense attorneys who run what I call “turnkey settlement factory” law firms.  In this article, I am not blowing the whistle on the defense-attorney-working-for-plaintiff “weretroll” issue (those who know what I am speaking about have been informed about it), but I am revisiting the caution an accused defendant should have when hiring an attorney who promises a ‘quick settlement.’

Screenshot from Malibu Media, LLC's X-Art.com website.
Screenshot from Malibu Media, LLC’s X-Art.com website.

“TURNKEY” / “SETTLEMENT FACTORY” DEFENSE ATTORNEYS

There are attorneys who have turned the copyright infringement lawsuits into ‘turnkey’ settlement operations, ‘riding the gravy train of a broken system’, as one prominent blogger correctly put it. These attorneys scale up and hire attorneys to answer phone calls, but instead of honestly evaluating the meritorious defenses of a would-be client, they scare, threaten, and apply high-pressure tactics to accused defendants manipulating them to settle the claims against them.

Knowing that Malibu Media, LLC runs their settlement operations from a location above-the-head of the local attorney who is filing the lawsuit, their settlement prices have become well known.  Defense attorneys have been known to offer their clients higher than normal settlement amounts in return for foregoing the need to actually participate in settlement negotiations.  Thus, where a Malibu Media, LLC settlement would go down to $300 per title, the ‘turnkey’ or ‘settlement factory’ attorney will be more than happy to agree to a $600 per title settlement in return for a quick settlement.  The problem is that Malibu Media asks for settlements for 20+ titles in a lawsuit, so a $600/title x 20 title settlement = a $12,000 settlement.

That same so-called defense attorney will charge $800 for the negotiations ($400 x 2 hours, although 2 hours were not spent on the client’s matter), and the client will pay $12,800 total.  However, if he hired an attorney who charged $2,400 ($300 x 8 hours), and the settlement ended up being $6,000 ($300/title x 20 titles = a $6,000 settlement), the extra few bucks paid to the attorney to actually negotiate the settlement would save the client a little under $6,000 than if they paid a ‘settlement factory’ attorney.

In sum, the sign that you are dealing with a ‘turnkey’ operation or a ‘settlement factory’ is unusually low costs to represent a defendant in a settlement.

NOTE: Don’t get me wrong, I am all for low-cost representation, but in a law firm, you pay for the time that attorney expects to spend on your case. If he is billing $400/hour (this surprised me too), and he charges a flat fee of $800, expect that only two (2) hours will be spent on your case IN TOTAL (including the so-called ‘free’ conversation. I have had too many run-ins with these attorneys and their methods, and all I can say is that they are part of the problem, not the solution.

There is not much more to this topic than this.  You get what you pay for.  If an attorney charges a certain amount of money, assume he will be doing work on your behalf for that amount of time.  Now obviously as a response to this article, the attorneys I am writing about will lower the per hour rate they charge and will claim that they are working more hours (as exposing a fraud usually causes the ones committing the fraud to shift to mask their scheme), but it is what it is.

Representing a Malibu Media, LLC “John Doe” client in a settlement can take a number of hours.  The simple steps of preparing the case, sending the letter of representation, opening up communications with the plaintiff attorney, discussing the claims against the client, negotiating a settlement price, writing up the settlement agreement, facilitating the settlement payment (or settlement payments), and seeing to it that the plaintiff attorney timely dismisses the client before the deadline to file an answer with the court passes (and all this time communicating with the client at each step), well, this obviously is not a two-hour representation.

As a hint to what is coming for the Malibu Media, LLC client and our Cashman Law Firm, PLLC, we have been working on shifting our strategy in view of Matthew Sag’s “Defense Against the Dark Arts of Copyright Trolling” article, which we believe will change the way defense attorneys handle Malibu Media, LLC cases.


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: 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.

When is it too late to hire a lawyer in a John Doe lawsuit?

The best time to hire an attorney in a “John Doe” copyright infringement lawsuit is when you receive a subpoena notice from your ISP.

Even if you are not planning on filing a motion to quash, this is a copyright infringement case, and you need time to prepare for what will happen should you be named and served.

Hiring an attorney while you are still a “John Doe” gives you plenty of thinking time to get your affairs in order (for example, managing your online reputation by adjusting privacy settings on your social networking sites), and it gives you time to get your financial affairs in order.

DO NOT WAIT TO HIRE AN ATTORNEY UNTIL AFTER THE ISP HANDS OVER YOUR INFORMATION TO YOUR PLAINTIFF ATTORNEY.

There are a lot of things that you can accomplish before your ISP hands out your information.  You are anonymous at this point, and you can take advantage of that anonymity.

If you want to negotiate a truly anonymous settlement, when you receive your subpoena notice from your ISP is the time to do it.  The plaintiff attorney has done almost no research on your John Doe entity, and thus the settlement amounts will be low because there are no legal fees the attorney will want to add to the settlement amount to be paid for time spent trying to proceed against you.

Also, if your attorney is successful in negotiating an anonymous settlement (this may or may not be a good idea; talk to me and I’ll explain why), the benefit of doing it now when nobody knows who you are is that your plaintiff attorney will cancel the subpoena as to your John Doe entity once the settlement is complete.  That way, even he won’t ever know who you are (and thus you won’t have to worry about follow-up lawsuits, or the ‘copyright troll’ attorney asking you for more money later on, etc.).

ABSOLUTELY DO NOT WAIT UNTIL YOU ARE NAMED AND SERVED AS A DEFENDANT IN THE LAWSUIT.

Once you are named as a defendant in the lawsuit, your “John Doe” status is over, as is your anonymity.  Not only will the court know who you are, but at this point, the INTERNET will know who you are.  Forever, spiders and crawlers who search and index the legal sites and the lawsuit sites will index your name as being implicated as a defendant in that particular lawsuit.

Even if you settle the case, your reputation will be forever tarnished.

Even if you fight the case AND WIN, your reputation will forever be tarnished.

Once you are named and served, you have a ticking time bomb deadline waiting around the corner, where you will be forced to file an “Answer” with the court, or else you will be in DEFAULT.

Trying to negotiate a settlement after being named and served is like trying to negotiate with a gun to your head.  It is doable (and we have done it many times), but there is NO LEVERAGE.  The plaintiff attorney at this point is emboldened because there is nothing that he needs to do except wait.  He is under no pressure to negotiate at this point, because the law gives his client statutory damages if the infringement is willful.  Even if his client does not get the $150,000 statutory damages jackpot, if the named defendant defaults and the court awards minimum damages ($750), because the plaintiff attorney is the prevailing party, he will be awarded his attorney fees (which in most cases will be over $2,000 — higher than the commission he would have received had he accepted a settlement from you).

THUS, THERE IS A FINANCIAL INCENTIVE FOR THE PLAINTIFF ATTORNEY *NOT* TO SETTLE AFTER NAMING AND SERVING A DEFENDANT

Lastly, if you hire an attorney after you are named and served, practically, the attorney will be under pressure to get everything in order and filed before the deadline.  Please do not do this to your attorney.

We do not do this, but most attorneys will charge a premium or a higher hourly rate if there is a “days to a default” deadline associated with the work to be done.  The reason for this is that the attorney will need to drop whatever he is already working on and throw your case to the front of the pile (usually at the cost of accepting other business).

If you hired an inexperienced attorney after being named and served, the work you will get in return for the money you paid will be lower quality, because the attorney will not have the time to research the best legal strategies, arguments, or defenses available to your case, and in copyright infringement lawsuits, your defenses need to be raised in your answer or else you waive them.

For these reasons, for your own sanity, for your lawyer’s sanity, and for your own benefit — please DO NOT wait until you are named and served before hiring an attorney.  Do it immediately when you learn about the lawsuit from your ISP.


THIS HAS BEEN A LAWSUIT-NEUTRAL ARTICLE WRITTEN FOR THE TORRENTLAWYER UNIVERSITY.

FOR IMMEDIATE CONTACT WITH AN ATTORNEY: To set up a free consultation to speak to an attorney about your matter, click here.  Lastly, please feel free to e-mail me at [email protected], 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.

A Thank You! to bloggers who have made our site possible.

This week we moved past 1 MILLION views of this website, and yet, I missed it.  As we head into the weekend, I realize that a lot has happened this week, and I wanted to take a moment to give credit where credit is due.

Were it not for an active community of attorneys, bloggers, and activist associations such as the Electronic Frontier Foundation (EFF.org), most of us would still be in the dark, unaware as thousands of families have their life savings taken.

I want to especially thank “Sophisticated Jane Doe” of Fight Copyright Trolls (https://www.fightcopyrighttrolls.com), who has been an endless supply of information, support, and behind-the-scenes research into everything that is going on with the copyright trolls.

I also want to thank DTD from the Die Troll Die website (https://www.dietrolldie.com), because without his efforts, his entertaining blog posts, and the time he has taken to read so many cases and rulings, much would have been lost.  I also want to comment that when these cases began in 2010 and there were thousands of “John Doe” Defendants filed in one bittorrent-based copyright infringement case, it was DTD who filed endless “anonymous John Doe” motions with the court that not only educated judges, but broke a number of cases simply by telling the truth of what those copyright troll attorneys were doing when the judges were not looking.

I also want to thank the attorneys with whom I speak to regularly, and with whom I correspond with and e-mail both over Twitter, over WhatsApp, and over various Listservs.  You know who you are.  You are an amazing resource, and without you, there are countless examples of where I would have been stumped without your assistance.

And to the growing list of attorneys who practice in this area of law who contact me asking how to do something, or ask me to explain who is who, I appreciate being of service.  It is a pleasure working with each of you, teaching you what I know, and sharing news about various copyright holders, ‘copyright trolls’, and strategies which have worked and flopped for each.

Lastly and possibly most importantly, there are many of you on Twitter that I would like to thank, and you know who you are.  Our area of law creates an ‘echo chamber’ on Twitter.  In that echo chamber, I read every post you write, I appreciate your feedback, I appreciate your insight, and without you, I would have missed out on a number of lawsuits and topics which happened in one set of courts while I was representing clients in another set of courts.

So thank you, from the bottom of my heart.  I appreciate everything you do.

-Rob


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 either e-mail me at [email protected], or 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, and now Rightscorp 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.


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