Why I would not put Kodi on an Amazon Fire TV Stick.

Amazon Fire TV Sticks and more recently, Amazon Fire TV Media Players (which can currently be purchased for $18/month) have been sold for years, and can be modified to permit the installation and use of the Kodi application.  As many tech savvy guys and gals know, Kodi (formerly XMBC) can be used to add pirated content to be downloaded or streamed using the Kodi app.

The problem with using Kodi on an Amazon Fire TV is twofold.

  1. You are using a tracked device that you likely registered to your Amazon.com account.

  2. Kodi when installed on the Amazon Fire Stick uses the wireless connection provided to it, exposing the user to copyright infringement lawsuits.

YOUR AMAZON FIRE TV STICK IS TRACKED BY AMAZON.COM

This is a no-brainer.  To activate the Fire Stick, you need to register it with your Amazon.com username and password.  Amazon knows this device belongs to you, and in a number of cases, it even comes pre-programmed to your Amazon account, so why would you use it to view copyrighted software without a license?

All that would need to happen to sue an Amazon Fire Stick user is for a copyright holder to file a copyright infringement lawsuit against a John Doe, and then have the court authorize expedited discovery to allow the copyright holder to send a subpoena to Amazon.com asking it to disclose the identity of the owner of the Amazon Fire Stick.  Amazon would happily comply just to stop you from using their device to pirate or stream copyrighted content without a license.

Of course, there are ways to factory reset the device or deregister it from your account, but that is outside the scope of this article.

KODI, WHEN INSTALLED ON YOUR AMAZON FIRE TV DEVICE, USES YOUR WIRELESS CONNECTION TO RETRIEVE THE PIRATED CONTENT

When you set up your Amazon Fire TV Stick, you enter your wireless username and password.  That way, your Amazon Fire Stick can connect to the internet automatically as soon as you plug it in.

The problem is that any apps you use (here, Kodi), ALSO USES THAT SAME WIRELESS CONNECTION.  This connection has your real IP address exposed and shared with the internet.

It doesn’t take a genius to realize that they can file a copyright infringement lawsuit against the website providing the content, and force it to hand over the web site logs or analytics for a particular page hosting the copyrighted movie you connected to with your exposed IP address when you used your Kodi-enabled Amazon Fire Sitck to view or download that copyrighted movie.  And once they have your exposed IP address, they now have TWO WAYS to sue you in a copyright infringement lawsuit:

  1. Subpoena the ISP who owns that exposed IP address and have them expose the identity of the account holder (the typical way a “John Doe” lawsuit is filed), or
  2. Subpoena Amazon.com to have them expose the account information of the customer who purchased that particular Amazon Fire Stick.

NO, TECHNOLOGY DOES NOT *YET* MAKE IT EASY TO SUE USERS VIEWING ILLEGALLY STREAMED CONTENT

Technology in its current state does not make it easy or convenient for a copyright holder to go through the hassle of suing Icefilms, Putlocker, or any of the MANY providers of copyright-infringing content.  Many of these providers are out of the U.S., and as such, it is difficult (not impossible) to get them to comply with a US-based court order signed by a US federal judge.

Also, it is difficult to determine whether these sites even keep analytics or website logs to determine which IP addresses visit any of the pages on their websites.  As soon as users start getting sued, no doubt these companies will shut off all website logging and analytics, thwarting any copyright holder’s attempts to identify the IP address of the Kodi / Amazon Fire Stick user.

Lastly, it is an uphill battle for a copyright holder to fight a website provider to turn over the website logs exposing who is visiting their websites.  This is why you do not see ANY copyright infringement lawsuits suing John Doe Defendants for the unlawful STREAMING of copyrighted content from software sources such as XBMC or KODI.

For this reason, at the time I am writing this article, I cannot see how a user would realistically be sued for using Kodi on an Amazon Fire Stick.  However, as technology advances and tracking methods improve to the point where a copyright holder will be able to identify the IP address accessing a website containing copyrighted materials, the threat of being sued for streaming content will increase.

Click here for more details on the topic of “Can I be caught and sued for copyright infringement for streaming movies.”

A QUICK NOTE ABOUT POPCORN TIME: Popcorn Time is a piece of software that uses BITTORRENT to acquire the movie title in order to serve it for free to their end user.  Bittorrent lawsuits account for most, if not all of the copyright infringement lawsuits, and thus Popcorn Time (even though it streams movies) is not included under the category of “hard to catch users for infringement.”

COMMON SENSE. DON’T USE KODI ON A FIRE TV STICK.

Even though I just told you that you will likely NOT be sued for using your Kodi-enabled Amazon Fire TV Stick to view pirated content, I still caution strongly against using it without some additional steps.

Why would you use a device that is registered to your name?  Do you think that Amazon.com is your friend and would protect you if they realized you were using their device to pirate movies and music?

And, why would you use a device that could expose your IP address to the world?  Your connection to the internet would create a trackable line between your internet account and the server hosting the pirated content.  Do you really think that your ISP isn’t snooping on you to see whether you are using their bandwidth for legal or illegal purposes?  If somehow copyright holders figure out how to get the list of IP addresses who downloaded or streamed a particular movie, do you really want to risk being sued for $150,000 for copyright infringement?

Common sense.  Even if you will likely not be tracked or caught, DO NOT use devices which connect to the internet without using an encrypted connection.  Your Kodi-enabled Amazon Fire TV Stick is one such device.

WAYS AROUND THE IP ADDRESS EXPOSURE PROBLEM (USING A VPN)

Obviously this article is meant to alert users as to the dangers of using a Kodi-enabled Amazon Fire TV devices.  It is not to teach you how to break the law and enable Kodi on your device. (I cannot believe Amazon is actually selling this ebook).

For common sense purposes, if you are going to do anything that exposes your IP address to the public, use a VPN.  A VPN is a Virtual Private Network which allows an individual to obscure his real IP address by connecting to the content desired by way of one or more servers.  I will not go into how they work here, but for reputable VPN companies who do not keep logs on your activities, TorrentFreak writes a report every so often, and that report is a good resource.

VPNs that keep your identity and your IP address private are PAID VPNs.  Free VPNs have been known to turn over their user’s account information (as have various paid VPNs as well, which is why I suggested TorrentFreak’s list).

If you were willing to learn how to program your router to route your internet connection through your VPN (most VPN providers teach their customers how to do this), then using your Kodi-enabled Amazon Fire TV device would be safe, and a user who uses this method would not need to worry or fear about being sued for connecting to the internet using the Fire Stick.

Of course, keep in mind that it is still a dumb idea to register that same Amazon Fire TV Stick with your real Amazon.com account information.  There might come a time where technology advances to the point where Amazon start ‘not liking’ their users using their Fire Stick for piracy purposes.  Thus, if you were to deregister the Fire Stick, or to purchase it without connecting it to your account (e.g., checking ‘buy it for someone else’) when you check out, that will stop Amazon.com from preprogramming the Fire Stick with your account information.  But still, you should still be cautious using an Amazon Fire Stick with Kodi (even with a VPN) because Amazon themselves might devise a way to track their own devices (if they have not done so already).

IN SUMMARY

In summary, Amazon Fire TV Sticks and better yet, Amazon Fire TV Media Players are wonderful pieces of technology.  I own one, and current Amazon Fire TV Sticks even have Alexa built into them (a cool feature).  With an Amazon Prime Subscription (we replaced our Netflix subscription with this to get the free shipping and other benefits), you can view literally THOUSANDS of videos from the Fire TV Stick or Media Player.

The Fire TV Stick itself is HDMI enabled, which means that it can plug into any old monitor, and that monitor will become an Amazon movie studio.  We can even connect our Bluetooth speakers (think, Amazon Echo or ‘Alexa’) to the Amazon Fire TV Stick, and we have theater-quality movies and binge worthy TV shows, all available to be played in our living room.

If I were a pirate, I would probably NOT put Kodi on my Amazon Fire Stick, even if I set up my router to route all internet traffic through a paid VPN.  I personally simply don’t trust Amazon.com that they will not at some point become proactively ‘anti-piracy’, and I wouldn’t want to be the recipient of a subpoena letter indicating that I was sued for using my Fire TV Stick in an unlawful way.

Nevertheless, if you are a regular reader of the TorrentLawyer website, you would not either.  However, hopefully this article will somehow go out to people searching for “Kodi-enabled Fire TV Sticks,” and we will at least teach them that watching Kodi this way is a bad idea.

Final Note, and Off Topic:  I am not a Roku guy, simply because my Amazon Fire TV was given to me as a gift and I love the device. However, if I were to purchase a device anew, I WOULD probably choose the Roku Premiere+ Streaming Media Player simply because Roku is known to upgrade their devices every year, and Roku is simply a better company focused on making Roku Media Players (similar logic: I would go to a Chinese Food Store to buy Chinese Food). If I was just comparing an Amazon Fire TV Stick (considering that it has Alexa on it) and a plain Roku, since I have do have unlimited Amazon movies through Amazon Prime, and the Amazon Fire TV devices are supposedly faster, I’d stick with the Amazon.  If I did not have Amazon Prime, I’d go with the Roku.  Whichever device I had, however, I WOULD NOT PUT KODI ON IT.

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.


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 THE RELATIONSHIP BETWEEN RIGHTS ENFORCEMENT AND YOUR ISP?

As I described last year, there are THREE POSSIBLE RELATIONSHIPS between a copyright enforcement company (Carl Crowell’s RIGHTS ENFORCEMENT entity is one such company) and your Internet Provider (“ISP”).

[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.]

WHY IS THE RELATIONSHIP BETWEEN YOUR ISP AND RIGHTS ENFORCEMENT RELEVANT TO YOU?

RIGHTS ENFORCEMENT uses the Digital Millennium Copyright Act (“DMCA”) to send DMCA abuse / copyright infringement violation letters directly to subscribers.  This method of contacting a subscriber accused of ‘piracy’ directly avoids the need to file a lawsuit and pay a $400 filing fee to uncover the identity of the accused downloader.  Instead, the copyright holder can simply send a notice saying “you were downloading our movie, cut it out or we can sue you” as a mechanism to stop the alleged piracy with minimal fees charged to both the copyright holder policing his copyright, and to the ISP (who gets to avoid complying with costly subpoenas forced upon them by judges in federal copyright infringement lawsuits).

The DMCA is supposed to be the best solution, but copyright enforcement companies have found ways to misuse these DMCA notices.  Instead of telling the user to “cut it out,” they claim that unless they settle the claims against them and pay the copyright holder money via their website, the copyright holder will file a lawsuit against them for $150,000 under the copyright infringement statutes.

If you received a DMCA notice from RIGHTS ENFORCEMENT, chances are they are asking you for multiple thousands of dollars for infringement of their titles, priced at $300 per instance of infringement.

WHAT ARE THE THREE RELATIONSHIP TYPES BETWEEN A COPYRIGHT ENFORCEMENT COMPANY AND THE ISP?

There are three types of relationships between a company such as RIGHTS ENFORCEMENT and your ISP.  I am only listing them in summary form because I have already written about this topic in depth here.  The reason I am rehashing this topic is because RIGHTS ENFORCEMENT is an “evil twin” of what CEG-TEK is, and thus knowing the character of the attorneys involved, I come to different conclusions here than I did last year when reviewing this same topic when it came to CEG-TEK.

Here are the three types of relationships:

1) A RELATIONSHIP OF FORCE AND THREATS AGAINST THE ISP (where RIGHTS ENFORCEMENT threatens, and the ISP complies),

2) A RELATIONSHIP OF PROFIT FOR BOTH SIDES (where RIGHTS ENFORCEMENT pays, and the ISP cooperates), and

3) A RELATIONSHIP OF PURE MOTIVE (both RIGHTS ENFORCEMENT and the ISP hold hands and cooperate, to “fight piracy”) — UNLIKELY.

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

WHY DO I BELIEVE THE RELATIONSHIPS BETWEEN RIGHTS ENFORCEMENT AND THE ISPs ARE BASED ON FORCE AND THREATS?

There are a number of ISPs on Crowell’s list of ISPs who are explicitly NOT FRIENDLY to companies such as RIGHTS ENFORCEMENT (e.g., COX, Frontier, Hawaiian Telecom, and Windstream).

These ISPs are known for protecting the privacy of their subscribers, and I understand that they were staunchly against CEG-TEK’s attempts to get them ‘on board’ with the 3) RELATIONSHIP OF MOTIVE (“holding hands and cooperating to fight piracy”), and I understand that they were likely not willing to even join them in a 2) RELATIONSHIP OF PROFIT FOR BOTH SITES.  They were simply against any participation in the DMCA settlement notice scheme.

However, seeing that these ISPs are working with RIGHTS ENFORCEMENT, I must assume that they have apparently caved in to what I believe are threats of lawsuits by Carl Crowell that if they do not comply and forward the DMCA settlement demand letters to their subscribers accused of downloading Crowell’s titles via bittorrent, he will sue these ISPs and claim they are in violation of the DMCA Safe Harbor rules.  COX is already in a similar lawsuit, and it is possible that they may lose based on the current state of the DMCA statues.

SHOULD I CANCEL MY ISP ACCOUNT AFTER RECEIVING A NOTICE FROM RIGHTS ENFORCEMENT?

NO.  In the RIGHTS ENFORCEMENT case, it appears to me as if your ISP is being forced to comply with Crowell’s demands.  They are possibly just as angry about these DMCA notices as you are.

Many of you will be shocked and upset when you learn that your ISP forwarded the DMCA settlement notice to you, and you will likely call me asking whether you should cancel your ISP.

As a general rule, no, there is no benefit to cancelling your ISP.  Emotionally, even if they were not forced to send the DMCA settlement notices to you, they do believe that piracy is bad, and even if they do not believe this, piracy does put a terrible strain on their servers.  So they have a financial benefit to cooperating with the copyright holders to stop piracy.

For more details, I invite you to read the article I wrote last year when it was CEG-TEK sending the DMCA notices, not RIGHTS ENFORCEMENT.  There, I hashed out the various relationships in a way that you could understand that the ISPs are almost never a partner encouraging this sort of copyright enforcement.

For that reason, it is almost never needed to cancel your ISP because you learned that they forwarded a DMCA notice from a copyright holder.


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.

Motions to Quash ISP Subpoena Letters, Malibu Media Lawsuits, Rightscorp DMCA Settlement Notices, and Helping John Does.