Tag Archives: RIAA

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

The Great MPAA/RIAA Scheme to Defraud Copyright Law.

Is it possible that the MPAA & RIAA created a scheme with the porn-based companies to break copyright law?

On 3/3, I wrote the article entitled, “THE EVOLUTION OF PIRACY AND THE ‘COINCIDENCE’ THAT EARLY COPYRIGHT CASES WERE ROOTED IN PORNOGRAPHY-BASED CONTENT.

In that article, I suggested in a joking, conspiratorial way that “it was probably the plan of the MPAA / RIAA movie industry to sit back and let the porn industry file lawsuits across the US.”

Why? Because what individual “John Doe” defendant accused of downloading pornography would destroy their reputation by fighting back against those lawsuits?  What individual would allow his reputation to be destroyed where by doing so, he would allow the porn companies to expose that not only did he downloaded porn, but they would expose his personal sexual addictions and sexual preferences (and sometimes based on the title of the infringed video, his secret fetishes) to the public record for all to see?? Thus, the porn cases were a perfect test subject to blaze the courts to create new case law on copyright infringement cases using bittorrent, because accused defendants as a general rule would not fight back.

At first, I gave the movie industry the benefit of the doubt that they were separate and apart from the porn lawsuits, namely, that they were merely sitting back and watching the lawsuits while the porn companies made case law for them. I even referred to them as “the Sleeping Dog.”  When there was a good ruling, they would say nothing, and when there was a bad ruling, they would write articles and scream, “the evil porn companies are ruining the copyright laws for all of us!”

MPAA/RIAA “HYPOCRITES”

A while ago, I started noticing that the same Guardaley entity that was filing the porn lawsuits were also filing the movie lawsuits. Specifically, I heard about this when representing clients accused of downloading the Dallas Buyers Club movie, but I could not believe that legitimate movie companies were the same corporate entities behind the scenes as those who were filing porn lawsuits — it just didn’t make sense to me.

But now I’m learning that the same Guardaley / IPP / Anti-Piracy Management Company (APMC) entity that is behind the Malibu Media, LLC lawsuits across the US appears to be the same entity who is also filing lawsuits for legitimate movies. For example, I am told that Paul Nicoletti filed cases for both Voltage Pictures, Inc. and for Malibu Media, LLC.  Same attorney, same clients… but this is not my evidence.

(NOTE: In a previous version of this article in the above paragraph, I used the example of Keith Vogt filing for both Dallas Buyers Club and Malibu Media, LLC.  This was in error.  However, I used his lawsuits to show how the same attorney was filing for both movie companies who have been known to license the rights to enforce copyrights and for the adult-film Malibu Media, LLC client, both Guardaley-linked.  Remember, there was a point that I believed that Voltage Pictures was that Guardaley-linked movie company, however, I’m told they were sold so they are not likely the ones behind the movie lawsuits.)  

We also recently learned that Carl Crowell is now having ISPs send out DMCA notices demanding $300 settlements for each instance of infringement; he is sending the accused subscribers to his RIGHTS ENFORCEMENT website (RIGHTSENFORCEMENT.com) in order to facilitate the payment of these settlement demands under a threat that if they do not pay him, he will file a lawsuit to uncover their real identity so that he can sue them for copyright infringement (statutory damages of $150,000) under the copyright laws.

I can now confirm based on the search engine searches that are coming to my website that the nature of the DMCA notices are for pornographic films allegedly downloaded by bittorrent. Further, I compared some of those names of the porn companies, and it not only seems as if RIGHTS ENFORCEMENT is a knock-off of CEG-TEK’s DMCA notice system, but that Crowell has also ‘stolen’ the clients of CEG-TEK. I know this because the titles of the alleged infringing adult films correlate almost exactly to CEG-TEK’s client list, as I exposed them in 2014.

But if you dig further into the RIGHTS ENFORCEMENT website, you’ll find that their client list includes MAINSTREAM MOVIES. Thus, the connection between the movie industry and the adult film industry is strengthened.

Then, to make the connection even stronger, I recently learned that Carl Crowell (the apparent puppet master behind all of the Guardaley-based ‘John Doe’ movie lawsuits across the US) is also in contract with RightsCorp, who has been sending notices to Internet Subscribers the same was CEG-TEK used to, but their methods of tracking and harassing defendants is different from CEG-TEK’s. At one time, I was even so certain of the differences between them [based on how they operated and knowing the fight that CEG-TEK used to have with the Guardaley entity in their bittorrent tracking methods] that I wrote an article claiming that “CEG-TEK and RightsCorp are different animals.”  Point being, at the time, I did not understand the nature of RightsCorp (they were always the bastard child of the copyright infringement issues), but all I knew at the time were that those at Rightscorp were spending millions of dollars on a failing business model, and because they were so loudly representing the MPAA/RIAA in this failing venture, I never thought to look whether the porn industry lawsuits and the traditional movie lawsuits were somehow related.

Well, zoom to 2017, and now we learn that the entity behind RightsCorp is also working with Carl Crowell to enforce their copyrights claiming infringement for the download of network TV shows, and most frequently, music downloaded via bittorrent.

In my “Evolution of Piracy” article, I wrote:

“It would be a huge scandal if one set of masters [MPAA/RIAA] planned the pornography-based bittorrent ‘copyright troll’ lawsuits for the purpose of later giving credibility to real-movie lawsuits when they stepped in place of the porn lawsuits and made the same filings… I don’t want to connect the dots because I do not want to notice that perhaps the same entities behind the Dallas Buyers Club, LLC movies were the same entities behind the Patrick Collins… Malibu Media, LLC cases. THAT WOULD BE JUST TOO HORRIBLE.” (emphasis added)

Well, as the veil of secrecy is unraveling between the porn industry and the movie / radio industry, we are seeing that these apparently separate entities are not only in cahoots with one another, but that they are all using ONE AND THE SAME ENTITY (Guardaley) to commit fraud upon the US copyright law system.

“NO, HE DID NOT JUST SCREAM FRAUD.” Yes, I did.  Here is why.

In my understanding, having the movie industry (MPAA/RIAA) collude with the porn industry and PLAN to have the porn cases blaze through the courts (where those defendants as a general rule do not fight back) and create what we now call “bittorrent law,” only to NOW have the mainstream media step back in and file those same lawsuits using the porn cases as “case law” to legally support their movie-based bittorrent lawsuits, well, that’s a scam. Why? BECAUSE THE MPAA/RIAA BROKE COPYRIGHT LAW BY USING PORNOGRAPHY CASES TO CREATE THE LAW TO SUPPORT THE CASES THEY ARE NOW FILING.

“But haven’t the porn cases also created ‘bad law’ for the movie companies?” You might think so, and in some courts, the answer is absolutely, yes.  But let’s look at the developments of what is now considered “normal” in a bittorrent-based copyright infringement lawsuit BECAUSE OF the porn-based copyright infringement lawsuits.

WHAT IS NOW CONSIDERED ‘NORMAL’ IN A COPYRIGHT INFRINGEMENT LAWSUIT

1) Judges now regularly rubber-stamp “expedited discovery” requests allowing copyright holders to send subpoenas to internet providers, forcing the ISPs to unclothe the identities of the account holders who are accused of copyright infringement.  These identities are provided directly to the plaintiffs (not to the court) to allow the plaintiff attorney to use and misuse that sensitive and private information.

2) Judges allow the copyright holders to solicit settlements, sometimes in the amounts of thousands or tens of thousands of dollars, with ABSOLUTELY NO OVERSIGHT of the plaintiff attorney’s activities, or how many settlements that attorney has brought in for his client.

3) Judges regularly pretend that bittorrent-based cases are ‘regular’ copyright infringement lawsuits, but they ignore the fact that bittorrent-based copyright holders have CONSISTENTLY FAILED TO STATE A CLAIM with any certainty that the account holder is the accused “John Doe” Defendant, when at best, this is at most a circumstantial connection which is not researched by the judge or the plaintiff attorney before the judge allows the lawsuit to proceed.  According to the Federal Rules of Civil Procedure, “failure to state a claim” SHOULD prevent the case from proceeding.  The plaintiff copyright holders do not have the evidence to proceed with a lawsuit, yet judges close their eyes to this fact and allow them to proceed anyway.

In sum, the pornography cases have caused judges to fudge (think, “run their finger through melted chocolate”) what used to be firm principles of copyright infringement law, and because of the porn cases, the result is that judges now regularly allow copyright holders to get away with things that in the past, would have barred them from filing the lawsuit or getting access to the identities of John Doe Defendants in the first place.

And if this was their plan all along, well, that’s just too horrible…

Honestly, judges should reverse and overrule practices and case law established by the porn-based lawsuits, and they should revert to holding movie companies (AND porn companies) to the standard of law they used to adhere to before the mass onslaught of cases began to burden the courts from 2010 and on. In my opinion, bittorrent cases are nothing but sloppy copyright cases, and judges use sloppy law to allow copyright holders to abuse the copyright system and extort millions of hard-earned dollars from the public.  Years from now, people will look back and wonder how judges allowed these lawsuits to proceed.

MY FINAL POINT

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 I am starting to understand that 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 titles sued upon, they 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, what is unfolding to be the MPAA/RIAA plan broke 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.

The music industry is now coming after internet subscribers.

[youtube http://www.youtube.com/watch?v=VIuR5TNyL8Y]

NOTE: The above video (NSFW) is from 2006.  While it (and many others) were made to address the Napster lawsuit (which was a lawsuit against a COMPANY), they apply more than ever now (where the plaintiffs are suing individual bittorrent users).

Lurking in the midsts of our bittorrent lawsuits has been a silent party who has been watching everything we have been doing in the pornography lawsuits and the “B-Rated” movie cases. This silent party is the RIAA, the MPAA, and the record labels who started all of these lawsuits years before the John Steeles, the Dunlap Grubb & Weavers, and before the Mike Meiers of the world got involved, grew their copyright troll legs, and started suing John Doe groups of internet subscribers. I used to refer to the record labels as the “sleeping giants,” because their lawsuits got really quiet after they scored their million dollar judgments (now reduced) against defendants such as Jammie Thomas-Rasset and Joel Tenenbaum.

However, one case at a time, I’ve been seeing the record labels rear their ugly heads again. The record labels have now started suing John Doe Defendants in EXACTLY the same way as the copyright trolls have been for the past two years.  In a way, you could thank the porn industry for repaving the way for the music industry to prey on its fans.  The record labels appear to be using the same tactics — file for early discovery against a set of IP addresses, contact and harass the John Doe Defendants en masse, and scare each one (or their parents) into settling for thousands of dollars for each download (and unlike the John Steeles of the world, the music industry has actually have brought defendants to trial, are well funded, and have achieved million-dollar verdicts).  The threat as we have heard ad nauseam is that if the accused downloader doesn’t settle the plaintiff’s claims of copyright infringement against him or her, they will “name” them as a defendant in a copyright infringement lawsuit.

One such record label troll is “Century Media Ltd.” who is suing on behalf of their “Iced Earth” band (think  Jon Schaffer and Greg Seymour) for the download of their 2011 heavy metal album “Dystopia.”  The interesting thing about the lawsuit, however, is that Century Media has retained copyright troll Jay McDaniel of the McDaniel Law Firm in New Jersey to sue defendants, and it is unclear to me why.  Jay McDaniel runs what I call a “settlement factory,” where he spends his time fighting motions to quash in court, and while not in court, he has his staff attorneys contact defendants attempting to convince them to settle.

CASES FILED BY JAY R. MCDANIEL OFMCDANIEL LAW FIRM PC IN THE DISTRICT OF NEW JERSEY:

Century Media Ltd. v. Swarm Does 1-2,192 (Case No. 2:12-cv-03867)
Century Media Ltd. v. Swarm Does 1-944 (Case No. 2:12-cv-03868)
Century Media Ltd. v. Swarm Does 1-225 (Case No. 2:12-cv-03869)
Century Media Ltd. v. Swarm Does 1-214 (Case No. 2:12-cv-03870)
Century Media Ltd. v. Swarm Does 1-77 (Case No. 2:12-cv-03911)
Century Media Ltd. v. Swarm Does 1-3,811 (Case No. 2:12-cv-03912)

I count almost 7,500 Doe Defendants in these NJ cases alone, and more are being filed as we speak. And, as far as I can see, the plaintiff attorneys are setting the subpoena deadlines far into the future, so we will not be hearing more about these until after October 1st, 2012 (this appears to be Comcast’s deadline before they hand out subscriber information for these cases).

Now while we try our best to keep a professional tone in these cases, I think the following video properly describe the mentality of those suing defendants today:

[youtube http://www.youtube.com/watch?v=_OGGtF_h0mw]

On a personal note, while I respect the interests of the artists and the musicians who deserve to have their copyrighted media sold to willing consumers and fans at reasonable prices (and it would be nice if the record labels properly compensated the artists and musicians for their work), I choose to represent the so-called “pirates” as well (many of whom have actually downloaded what they have been accused of and would happily do so again). It is my opinion as an attorney that it is a misuse of the copyright laws to sue defendants for $150,000 per title (statutory damages for willful copyright infringement) when the actual damages suffered by the record labels and the production companies are at best a small fraction of this statutory amount.

So… Has the sleeping giant woken up from its slumber?  Will we see more?  Or is Century Media Ltd. merely an overly ambitious record label who thought it would be better for business to assault its’ fans rather than to devise ethical means to convince them to buy their music album?


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.