Tag Archives: centurylink

ME2 Utah Subpoenas from CenturyLink Are Coming Due.

Subpoenas Sent to CenturyLink to expose identities of ME2 Utah Defendants due 4/28.

ME2 Utah cases have been blazing since they were filed early in March, and now the subpoenas for those cases are coming due this week.

Who is the attorney for the ME2 Utah cases?

The ‘copyright troll’ attorney in Utah who filed these cases is Todd Zenger (“Todd E. Zenger”), and he works for Kirton McConkie in Salt Lake City, Utah. Any e-mails coming from “[email protected],” or calls from his “801-328-3600” phone number (or any 801-328-XXXX phone number should cause you to be wary that you have a Utah ME2 copyright troll trying to scare you into settling with him for thousands of dollars.

Are Utah ME2 Productions, Inc. cases any different from those filed in other states?

Really, no.  I have already written much about the ME2 Productions, Inc. cases, and the Utah ME2 cases are no different from the cases filed in other states. The following articles should be helpful in understanding the ME2 Utah cases as well:

EVERYTHING YOU NEED TO KNOW IN ONE PAGE ABOUT YOUR ME2 PRODUCTIONS, INC. “MECHANIC:RESURRECTION” LAWSUIT AND ISP SUBPOENA.

Just like the other cases, the Utah ME2 Productions, Inc. cases are suing for copyright infringement based on the the illegal download of the Mechanic: Resurrection movie, starring Jason Statham and Jessica Alba. The lawsuits are all copyright infringement lawsuits filed in the Federal Courts, and each lawsuit sues for statutory damages of $150,000 (but don’t let that large number scare you, because baked into copyright infringement law is the concept of ‘minimum statutory damages’ as well).

Accused ME2 Utah-based internet users are made aware of these cases when they are sent a letter from their ISP (CenturyLink), which informs them 1) they are implicated as a “John Doe” Defendant in this case, and 2) the ISP is bound by a subpoena to share the account holder’s contact information (and relevant information about their IP address’ involvement in the case) on a certain due date unless the subscriber files an objection with the court (referring to a “motion to quash”).

Why is this article relevant now (and for the next week or so)?

The reason why I am writing this article is because starting THIS FRIDAY (and continuing for the next week), the ME2 Utah-based subpoenas sent to CenturyLink demanding that they turn over the identities of the Utah ME2 John Doe Defendants are coming due. Most relevant, the next deadline is this Friday, 4/28.

What should I expect after 4/28 once CenturyLink complies with the subpoenas?

The expectation following this 4/28 deadline is that Todd Zenger will start sending out settlement demand letters to Utah ME2 John Doe Defendants, explaining that they have been sued for $150,000, and that their ISP has identified them as being the downloader. That their ISP identified them as the infringer is actually not true, as the ISP will have only identified that their IP address was ‘in the room’ when bittorrent downloading was happening.

However, Todd Zenger’s cases do not state that each John Doe Defendant is the actual infringer, nor does he provide evidence in the form of a PCAP file that any of the Utah ME2 defendants actually committed copyright infringement or downloaded a large enough piece of the movie to be considered “substantially similar” to the copyrighted film. However, it will have to be up to the judges (and us attorneys) to inform them that Todd Zenger is not in possession of the Guardaley evidence he allegedly claims to have.

Who are the federal judges assigned to the ME2 Utah Cases?

The Utah ME2 cases (thus far) are evenly spread between the following judges.  I wouldn’t be surprised if moving forward, one judge, e.g., Judge Evelyn Furse will take over the other cases to have uniform decisions across the Utah ME2 cases.

Judge David Nuffer:
ME2 Productions v. Does 1-23 (Case No. 2:17-cv-00198)
ME2 Productions v. Does 1-12 (Case No. 2:17-cv-00224)
ME2 Productions v. Does 1-29 (Case No. 2:17-cv-00190)

Judge Paul M. Warner:
ME2 Productions v. Does 1-26 (Case No. 2:17-cv-00199)
ME2 Productions v. Does 1-14 (Case No. 2:17-cv-00225)
ME2 Productions v. Does 1-22 (Case No. 2:17-cv-00189)

Judge Evelyn J Furse:
ME2 Productions v. Does 1-25 (Case No. 2:17-cv-00179)
ME2 Productions v. Does 1-25 (Case No. 2:17-cv-00169)
ME2 Productions v. Does 1-23 (Case No. 2:17-cv-00178)
ME2 Productions v. Does 1-25 (Case No. 2:17-cv-00158)
ME2 Productions v. Does 1-23 (Case No. 2:17-cv-00157)
ME2 Productions v. Does 1-26 (Case No. 2:17-cv-00168)

Judge Jill N. Parrish:
ME2 Productions v. Does 1-22 (Case No. 2:17-cv-00200)

Judge Dustin B. Pead:
ME2 Productions v. Does 1-27 (Case No. 2:17-cv-00191)

Judge Ted Stewart:
ME2 Productions v. Does 1-24 (Case No. 2:17-cv-00223)

What are your options in defending or resolving claims in a ME2 Utah-based case?

If you have read this far, you are likely one of the John Doe Defendants in this case, and thus here are your options on how our Cashman Law Firm, PLLC (or any other competent copyright litigation attorney) can help you in this case.

OPTION 1: FIGHT

In this option, your attorney would fight this case on your behalf. Since the ME2 scam has been exposed, the inherent weaknesses in Todd Zenger’s case are now well known. This option is more expensive than the other options, but it is probably the most satisfying option when you win and ask for attorney fees from ME2 Productions.

OPTION 2: SETTLEMENT NEGOTIATIONS

Settlement negotiations does not mean that you downloaded the movie or that you are guilty of copyright infringement. Rather, it simply means that you want to pay to have the plaintiff attorney dismiss you from the lawsuit. This option can be used by both ‘guilty’ and ‘innocent’ defendants. While I do not recommend an innocent defendant pay ANYTHING to settle the claims against him, I do not judge defendants when they choose this option.

OPTION 3: “NO SETTLEMENT REPRESENTATION”

This is the discounted “no settlement” representation route that I discussed here. In the span of 2-3 hours, I would consult with the client, send over a letter of representation to the plaintiff attorney (to stop him from contacting the client directly). I would then draft a letter to the plaintiff explaining that my client did not do the download, and that we are not interested in anything other than a walkaway settlement, meaning that my client pays no settlement. The purpose of this representation is to put Todd Zenger on notice that my client is not the infringer he is looking for.

OPTION 4: “IGNORE” ROUTE REPRESENTATION

The ignore route is best described as ‘playing chicken.’ I best described the “ignore” route, and how it differs from the “no settlement representation” route here. The assumption with the “ignore” route is that Todd Zenger is not yet naming and serving defendants in this case, so you would hire our Cashman Law Firm, PLLC to monitor the case for you. We would send over a letter of representation indicating that we are representing you in the case, but we would not engage in settlement negotiations.

The intended client for the ‘ignore’ route is the innocent client that wishes to have a more ‘hands on’ engagement with their case over the “no settlement” representation letter route, where their attorney is actively monitoring the case and having active discussions with the plaintiff attorney. Both ‘guilty’ and ‘non-guilty’ defendants can utilize the “ignore” route, as this option is adjustable based on the circumstances of the client. If Todd Zenger decides to start naming and serving defendants, a ‘guilty’ client would likely have me open up settlement negotiations on his behalf, whereas a non-guilty client would instruct me to not settle and adhere to the ‘ignore’ strategy. Obviously getting named and served while in this strategy would be cause to decide whether to shift strategies to the “fight” or “settle” strategy, which is fine.

OPTION 5: ARGUE “MINIMUM STATUTORY DAMAGES” REPRESENTATION

I discussed the “argue minimum statutory damages” representation option last night in this article. The purpose of this option is to take the settlement negotiations away from a misbehaving plaintiff attorney. Instead of negotiating a settlement (where the plaintiff is asking for too much money), we would file an answer with the court admitting infringement, and we would then make the case for the judge to award minimum statutory damages of $750.

The intended client for the “minimum statutory damages” representation route is a client who did the download and either does not want to go through settlement negotiations, or who wants to take settlement negotiations out of the hands of the plaintiff attorney / copyright troll and leave the damages up to the judge to decide. Obviously since we are admitting guilt in this option, it is appropriate for the client to have done the download to use this strategy.

However you decide to proceed, if I can be of assistance or answer any questions about your ME2 Utah case, please let me know.

*UPDATE (APRIL, 2017)* ME2 PRODUCTIONS INC. (FAQ) PAGE NOW UP.

*UPDATE (JULY, 2017)* SECOND WAVE OF LAWSUIT SUBPOENAS sent to CenturyLink ISP subscribers, and are due on 7/14/2017.


CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

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

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

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

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

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

ISPs FORWARDING DMCA COPYRIGHT INFRINGEMENT NOTICES

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

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

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

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

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

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

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

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

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

CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

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

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

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

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

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

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

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

WHY RIGHTS ENFORCEMENT WILL BE A MONSTER.

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

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

WHY CARL CROWELL WILL TURN RIGHTS ENFORCEMENT ‘EVIL’.

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

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

HOW WE WILL HELP TAKE DOWN ‘RIGHTS ENFORCEMENT’

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

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

There will essentially be three kinds of clients:

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

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

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

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

Blog Articles:

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

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


CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“RIGHTS ENFORCEMENT” IS NOT CEG-TEK

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

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

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

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

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

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

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


CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

How CEG-TEK is growing their copyright enforcement business by growing their ISP relationships.

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

We already know that it is the business model of CEG-TEK and other copyright monetization companies is to develop relationships with the internet service providers (“ISPs”), and to have them forward copyright infringement / DMCA notices to their subscribers.

I have mentioned this already with regard to the relationships CEG-TEK has with Charter, CenturyLink, and Suddenlink, and as we know, COX Communications, Inc. signed on with CEG-TEK in December of 2015, and has been sending CEG-TEK’s DMCA violation notices to their users. What we did not notice until now is that Cox Communications has become CEG-TEK’s “golden goose.”

WHY COX IS CEG-TEK’s “GOLDEN GOOSE”:

Why Cox? Because Cox provides its users the same IP address each day. This “one subscriber, one static IP address” trend provides copyright holders and government officials an “ID” of sorts which allows them to identify a particular IP address, watch the activities of that IP address over time as it interacts with different websites (e.g., to see what links that internet user clicks on, to learn where they shop online, what accounts they use, what items they purchase, and what bittorrent downloads they participate in).  Then, when they have developed enough of a profile on that user to convict, they then trace that IP address back to a certain Cox Communications account for prosecution, or in our case, extortion.

For CEG-TEK, they are focusing their efforts on Cox because by doing so, they do not need to obtain from the ISP a past list of IP addresses assigned to that user, and it is very easy for CEG-TEK to go back in time and check their own logs of the past bittorrent swarms to see whether that particular subscriber / IP address participated in any other downloads of their other clients. Some have suggested to me that CEG-TEK can do a search to see what other bittorrent downloads the accused Cox subscriber has participated in. In short, Cox’s “one subscriber, one static IP address” is nothing short of a violation of their subscriber’s privacy, and it is only a matter of time before someone’s IP address gets “followed” and someone gets hurt because Cox is not obscuring the identity of their subscribers.

BRIGHT HOUSE NETWORK IS NOW WORKING WITH CEG-TEK:

Other than Cox, I have recently learned that Bright House Networks (brighthouse.com) is now working with CEG-TEK. I do not yet know in what capacity they are working with CEG-TEK, or in what kind of relationship, but it appears as if they are a new ISP “recruit” in CEG-TEK’s “war” against piracy.

NEW CHARTER COMMUNICATIONS POLICIES AS TO HOW THEY FORWARD DMCA NOTIFICATIONS (THE GOOD AND THE BAD):

For the thousands of you who are Charter subscribers, Charter has recently changed the way they forward the DMCA notices, and this can only be good for subscribers. Instead of forwarding the notices in an e-mail, they are now asking subscribers to “log in” to their website, where only then can then view and copy for themselves a copy of CEG-TEK’s letters.

This is both very good, and bad. On the good side, any “hoops” an ISP makes a subscriber jump through to see the claim(s) against him might annoy the subscriber, but it no doubt infuriates the copyright holders and “monetization” companies (like CEG-TEK) that rely on them seeing their DMCA notices to provide their copyright holder clients their dirty money (I could have said “ill-gotten gains,” but emotionally, calling it “dirty money” seemed to fit better).

THE PROBLEM OF “LOST” DMCA NOTICES:

However, BUYER BEWARE! I have received many calls about people who have physically LOST their DMCA notice because they did not copy it down when they viewed it. And when they called me about it panicked, because I couldn’t see the claims because they did not know who was claiming copyright infringement against them, I couldn’t tell them whether the copyright holder was a “copyright troll” or not, or whether they are suing downloaders in the federal courts. So please, as soon as you access the DMCA violation notices sent to you, either download a copy of it for yourself, or copy-and-paste it into a text file.

GOOGLE FIBER IS A DISORGANIZED ISP WHICH HAS ALSO LOST DMCA NOTICES:

Google Fiber subscribers also — Google Fiber seems to not be organized as to keeping track of the DMCA notices that they are forwarding to their subscribers. So when an internet user inadvertently deletes that notice, it is gone forever. Neither I, nor anyone else can help you fight or settle (or even advise you as to your options) if you accidentally deleted the notice. I suspect that if you are reading this article, it may already be too late.

CANADA — NEW CANADIAN ISP RECRUITS:

Okay, last piece of news and then I need to get back to work. As we know, CEG-TEK has been sending letters for months to Canadians and forcing the ISPs to send these letters to their subscribers under what is known as “notice and notice.” I have written about the problem and the solutions here in my “CEG-TEK: What are your financial risks and considerations of ignoring, settling, or being sued for copyright infringement if you live in Canada or Australia?” article. The news is that just as CEG-TEK is growing their business by signing on new ISPs in the US, this is also true in Canada.

The new Canadian ISPs now working with CEG-TEK appear to be Videotron (a.k.a., Vidéotron), Bell Aliant (www.bellaliant.ca), and Eastlink (www.eastlink.ca) — this will also affect their FibreOP users under the ISP names NorthernTel, DMTS, Telebec (Télébec), and Cablevision. If anyone receives notices from these internet providers, I would like to see them, as I hear that CEG-TEK is not following the notice rules.

As for the older ISP names — Bell Canada, Rogers Cable, Shaw Communications (sjrb.ca), ACN Canada, Electronic Box Inc., TELUS Communications, Start Communications, and TekSavvy, yes, these are still in play. The only one of these that has my respect thus far is TekSavvy which has tried to protect their users by fighting back, but even so, they are still sending CEG-TEK’s DMCA violation / copyright infringement letters, so my respect is limited.


CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.