Are There More Copyright 'Pre-Settlement' Groups Setting Up Shop In The US?
from the warning-letters dept
We recently covered how a recently created outfit going by the name US Copyright Group, had launched tens of thousands of lawsuits (some of which appear to be quite questionable from a legal standpoint), as part of what appeared to be an attempt at copying the efforts of companies like DigiProtect and ACS:Law in Europe (where such practices have been widely condemned). The lawsuits appear to be a smokescreen to get contact information for people to whom this "company" can send "pre-settlement" letters, in which they're told to pay up to avoid the lawsuit.Considering that this pseudo-shakedown is apparently lucrative in Europe, perhaps others are preparing to do the same in the US as well. A reader who prefers to remain anonymous, but who works for a small ISP, passed along an email he recently received from what appears to be a newish operation called the Copyright Enforcement Group, whose website has a mock law enforcement shield on it. Like US Copyright Group, it doesn't hide behind any claims of stopping infringing content. It focuses solely on how this is a way to "monetize" infringements. The email also points to a separate site called CopyrightSettlements.com, which makes some interesting claims. This is the website where folks can "pay up," and it promises "you will receive a full release of liability" but also that "Your personal information and settlement terms will be kept confidential." Makes you wonder how the two can go together. If your info is kept secret, what's to keep copyright holders from suing again? And does the company make sure it covers all copyright holders for a piece of content? Will it indemnify users if they're threatened or sued again?
As for the letter to the ISP, it was an "introduction," in an attempt to ask for the ISP's cooperation in identifying its users. As we've seen with US Copyright Group, many ISPs refuse to just hand over names, though some will. Hopefully, most ISPs receiving the following letter know better than to just hand over info without a court order. Here's the relevant part of the email:
CEG provides intellectual property management services to a consortium of studios in the entertainment industry. Our clients have entrusted us with their valuable property and authorized us to bring legal action against those individuals who illegally download and/or distribute their copyrighted materials over the Internet.Looks like this new form of "monetizing" content is spreading. And not in a good way.
CEG's proprietary technology detects infringements which occur over the Internet and gathers sufficient evidence to support a claim of copyright infringement against the infringing party. Once infringement is detected, we follow strict multi-step validation procedures to ensure that all information is accurate before we forward the DMCA notice to you. The infringing party is then afforded with an opportunity to settle the matter for substantially less than what will be offered if a lawsuit is filed or compared to the judgment amount a court may enter against the infringer.
We understand and respect the important role that you play in securing the privacy of your subscriber base. However, we, too, are deeply committed to our clients and will vigorously enforce their intellectual property rights against infringement. We sincerely hope that you will join us in our effort to fight Internet piracy.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: copyright, pre-settlement
Companies: digiprotect, us copyright group
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Monetary fines, hard goods purchases (DVDs, CDs, Books, etc.) and digital content purchases (video files, audio files, ebooks, etc.)"
Can I please be the first to get a letter that says "if you purchase these goods, we wont sue you."
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Re:
Sounds like the logical end to how America's market is currently set up.
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"The flagship service of the Copyright Enforcement Groups allows content owners to monetize peer-to-peer (P2P) activity and realize revenues from an unexpected source, internet piracy. Infringers are tracked 24/7/365, automatically receive a “pre-settlement” offer by email and process payments or purchase goods via Copyright Enforcement Group’s branded collections website at www.copyrightsettlements.com."
Talk about ballsy.
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Re:
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Re: Re: Fine line between extortion and coercion.
Extortion, outwresting, or/and exaction is a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime groups. The actual obtainment of money or property is not required to commit the offense. Making a threat of violence which refers to a requirement of a payment of money or property to halt future violence is sufficient to commit the offense. Exaction refers not only to extortion or the unlawful demanding and obtaining of something through force,[1] but additionally, in its formal definition, means the infliction of something such as pain and suffering or making somebody endure something unpleasant.[2]
http://en.wikipedia.org/wiki/Coercion
Coercion (pronounced /co-er-shon/ or /koʊˈɜrʃən/) is the practice of forcing another party to behave in an involuntary manner (whether through action or inaction) by use of threats, intimidation, trickery, or some other form of pressure or force. Such actions are used as leverage, to force the victim to act in the desired way. Coercion may involve the actual infliction of physical pain/injury or psychological harm in order to enhance the credibility of a threat. The threat of further harm may lead to the cooperation or obedience of the person being coerced.
See! Nothing criminal about Coercion.
So Pay up now. Or ELSE!
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Presumably, that person has to fight it in civil court - at their own expense - despite the evidence against them being paper-thin and inconclusive. Only then, for the RIAA to refuse to pay their court costs - you know, like they've been doing so far.
Unless you can prove you couldn't possibly have done it (e.g. don't own a computer or are dead, as in 2 actual cases), you can expect a long, expensive court battle for not paying the protection money.
"What happens when (not if) they send someone a pre-settlement letter for content they have the right to distribute?"
Presumably easier to prove, but again unless you have very good documentation to prove it, expect a court battle.
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Re:
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Screw 'em. You don't need them and they need yours (and others) money. Cut 'em off and they will die.
(Same goes for buying their EQ - stop buying sony as an example)
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Guess its time
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boycott the industry
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Tell 'em to pound sand.
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This mode of operation is...
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This mode of operations is...
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Re:
From their FAQ
"Q: What if I have an unsecured wireless network/router?
A: The Internet Service Provider (ISP) account holder is responsible for securing the connection and legally responsible for any infringement(s) that result from an unsecured wireless network/router.
"
They are claiming that it is illegal to have an unsecured router I suppose.
---
"
Q: What if I don't have money to pay the settlement right now? [Show Answer]
A: CEG may offer monthly payment plans to select individuals. To discuss payment plan options please contact us.
Q: Can I pay multiple settlements at one time? [Show Answer]
A: Yes, once you have signed in to the settlement system you have the option to pay multiple settlements simultaneously.
"
Awesome
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Security?
WEP - cracked in 60 secs.
WPA - for under $40 you can buy the password via the thinkcrime group.
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DMCA?????
maybe someone can respond, but under what provision of the dmca would they file a motion with the court???
i thought the dmca concerned itself with hosting files, not transmitting them.
until i learn differently, i'm calling bs on this threat.
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Re: DMCA?????
Sorry for being long winded, there is so much more to the subject. You can check out the specific DMCA language at the US Copyright office.
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Honey-Trap
Looks like they're using the "honey-trap" model of catching infringers. Their own website lists the steps they take:
> Step 1 - Upload & Track Content is uploaded to the tracking system and
> monitored across multiple peer-to-peer protocols 24/7/365. When an
> infringement occurs evidence is collected and placed in a queue for
> authentication.
> Step 2 - Authenticate & Notify Infringement evidence passes a strict multi-
> stage authentication process involving steps such as fingerprinting and
> visual authentication to eliminate false positives. After authentication,
> collection notices are automatically generated and emailed to Internet
> Service Providers (ISPs) and individual infringers.
> Step 3 - Enforce & Collect Infringers receive a notice via email that directs
> them to Copyright Enforcement Group's branded collections website
> www.copyrightsettlements.com which contains a "pre-settlement" offer to
> pay a fine or purchase goods. Once a settlement is paid or goods are
> purchased the infringer is released from liability and the collection is split
> between the copyright owner and Copyright Enforcement Group.
> If an infringer doesn't pay the settlement or ignores the notice CEG's in-
> house legal team takes over until a collection is realized.
So basically in Step 1, they upload content, hoping to get people to download it. If they're putting it out there for download, then how can they claim it's infringing to download it?
Huge flaw in their business model.
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Re: Honey-Trap
1) Does the CEG upload the CEG customer's copyrighted content into non-distributive download and compare system...
-OR-
2) Does the CEG upload the CEG customer's copyrighted content into distributive system that tracks the downloaders.
Also..
3) Does CEG obtain explicit written permission from the copyright holder to "COPY" the CEG customer's copyrighted work to their system regardless of what the CEG "Tracking System" actually does?
If the CEG system -IS- distributive -AND- CEG has explicit permission from the copyright holder to copy the works to the system, how is this not "authorized distribution" when someone downloads the work?
Also...If CEG -does not- explicitly obtain permission to distribute the copyrighted works in question and the "Tracking System" is distributive in nature, could you not entrap CEG themselves for copyright infringement?
Alan
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Re: Honey-Trap
Does anyone know what IP's they use so you can download from them and force a legal fight? Perhaps put up your own content for them to get from you - in violation of your licence agreement?
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It is an Immigration Attorney!!!
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Re: It is an Immigration Attorney!!!
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Limited liability release
The deal they're offering looks extremely limited. Their liability release sample states
So it's only these copyright holders for these alleged infringements. Download again tomorrow and they can threaten to sue again. And presumably the same if they sign up another copyright holder of an already infringed work, or if the copyright holder employs another company like this one to threaten the same people again.
In fact there could be big cost savings here if these firms just shared their databases of alleged infringers, maybe alongside a score of how likely they are to pay up (much like a credit rating), and took it in turns to offer pre-settlements.
Also from the FAQ
Well, I'm excited.
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Copyright Settlements TOS?? You agree to watch porn?
Legal Terms & Content Warning
The settlement pages of CopyrightSettlements.com may contain references to adult titles and/or content that could be offensive to some users. Additionally, users settling copyright infringement cases via CopyrightSettlements.com are entering into a legally binding contract and as a result are required to be 18 years of age or older. If you are not 18 years of age or older please have your parent(s) or legal guardian(s) sign in on your behalf.
Please read the following carefully; Under the penalty of perjury, by clicking on the sign in button you agree to these terms:
1. I am an adult, 18 years of age or older.
2. I am requesting and agreeing to view sexually explicit material for my personal use in my private home or office.
3. I personally and without coercion will make selections of such material and these images and products without violating the community standards of the area in which I live.
4. I will not exhibit these images to minors or anyone else who might be offended by them.
5. I have read and agree to the Terms of Use.
Really? "I am requesting and agreeing to view sexually explicit material?" Sign in with your case number and password for a fake copyright threat, and you automatically agree to have porn thrusted (sorry) into your harddrive and onto your screen??
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Great idea!
This is a good way to loosen up the wallets and give our economy a good kick in the rear.
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I'm setting up the US Tag group...
There is a very clear warning on the tag that it's not to be removed, so obviously anyone who has removed the tag needs to be identified and fined appropriately.
However if you agree to our one time settlement offer, for only $1000 we will agree to release individuals from all liability for removing their mattress tags.
/sarcasm off
Yes the tag says 'not to be removed except by consumer', but imagine how many people out there have removed their tags, if they don't have the tag, then they don't know what their rights are, and I'm sure that at least 2-3% would pay up....
I'm patenting this idea an suing anyone who actually tries to implement it....
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Got one of these e-mails
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Re: Got one of these e-mails
I didn't, and I paid $80 for their allegation. I can't afford to fly from NY to CA to fight their civil suit. I thought it was over with. Then two days later I got another notice. I emailed them and they said "each act of downloading or uploading is separate and this is a second case of infringement." The only thing different was port number and time.
They are a small law office specializing in immigration law, but the problem is, if they file with their court and you don't show up in a civil suit they win by default. This isn't small claims here. All they have to do is file some papers to win. Even if you had open wireless for two days like I did before securing it, you can be sure they've got enough to convince a judge that you should pay.
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Re: Re: Got one of these e-mails
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Re: Got one of these e-mails
If you settle, the next fee is even higher. They will claim that since you are torrenting, the program just kept uploading copies of it. Is it even true? Who knows, who has money to fight?
I see Dave, below, is offering a (free?) service to determine if their software is forensic quality. I think if you give him a case number, he'll probably find out that these guys do NOT use forensic software and they are running what is essentially a lawful scam. As Dave puts it on his website, they word things very carefully to make you THINK they've got you where they want you.
Dave's site (below) seems to be a company that either does forensic certifications or sells software to copyright holders that would qualify for use in court. If you give him your case number to check for you, it would probably benefit you both. This lawyer will stop using software that cannot be admitted in court, and Dave gets to shut down someone using competing software. This is win-win, it seems to me -- you should send him your info and shut that Copyright Enforcement Group scumbag down.
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Re: Re: Got one of these e-mails
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If you get a letter or email.
If you get a letter or email from them contact dave@ccs-labs.com. Send me your case number and contact details we will contact them and request to see their technology to test it for court compliance - if they refuse we will get a court order to force them.
If their technology is as suspected not forensically sound a report will be made public - and no one will need to pay again.
Simple.
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Re: If you get a letter or email.
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Got one of the emails...
~~~~~~~~~~~~~~~~~~~
Dear Thomas,
I have a solo law practice and I practice exculsively immigration and social security disability law. I have absolutely no involvement with copyright cases. I use a shared office / reception setting under the Bowers Office Center at 3333 Bowers Ave, Suite 130. I share this mailing address with at least one hundred other entities.
I believe the confusion originated from comments posted on Techdirt. Apparently, someone using the name "onominous coward" thinks that based on my address I must be a front or something. The company that I think you are looking for is called the "Copyright Infrigement Group" who uses this same address as .
~~~~~~~~~~~~~~~~~~~~
So, I'm still assuming this is a scam email and that I shouldn't have anything to worry about in regards to NOT paying the "settlement"? My concern is this: what if I DID download the item? Or that someone DID piggyback on my internet account? What is the legality of this and should I pay? Or is it a 100% scam?
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Another response from Hoyt Minkoff
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Another response from Hoyt Minkoff
Here's the email he sent me just a few minutes ago.
~~~~~~~~~~~~
Dear Thomas,
I have a solo law practice and I practice exculsively immigration and social security disability law. I have absolutely no involvement with copyright cases. I use a shared office / reception setting under the Bowers Office Center at 3333 Bowers Ave, Suite 130. I share this mailing address with many other professionals including many lawyers, financial planners, accountants and such. Another law firm using my address is Immigration law partners, also legitimate.
I believe the confusion originated from comments posted on "Techdirt." Apparently, someone using the name "onominous coward" thinks that based on my address I must be a front or something for this copyright group. The company that I think you are looking for is called the "Copyright Enfrigement Group" who uses this address as a virtual office. As you might not be aware, many professionals in Silicon Valley use shared office receptions to cut down on unnecessary administrative and reception costs.
Based on the tone of your letter I believe I share your frustration with their predatory operations. Please feel free to call me at the number listed on my website if you have any further questions. FYI (408) 200-9897. I am licensed in Colorado (license #38709) and practice federal law in California and sometimes in Arizona for deportation cases. You can even look up my bar registration at the Colorado Supreme Court website.
Regardless, I hope you shut the predatory SOB's down.
Thanks, Hoyt
~~~~~~~~~~~~~~~~~
Starting to think he knows nothing about this company and seems even he thinks it may be a scam. Maybe we could have him prosecute them as he can say he works in that building and has never heard of or seen them?
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Interesting
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what to do...
didn't torrent 'em.
someone was piggy backing off my wifi.
one of the "pre-settlements" are due this saturday.
haven't contacted 'em yet.
did visit their website.
not sure what to do.
don't want to give 'em any personal info.
seems like a fear tactic scheme.
i have torrented just not this stuff.
any advice?
anyone not pay and have any repercussions?
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Got one through abuse@charter (long)
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1
***NOTE TO ISP: PLEASE FORWARD THE ENTIRE NOTICE***
November 8, 2010
Re: Notice of Unauthorized Use of Registered Copyrights Owned by Elegant Angel Inc
Case #: xxxxx
Dear Sir or Madam:
This notice is intended solely for the primary Charter Communications internet service account holder. Someone using this account has engaged in the illegal copying and/or distribution of pornographic movies. This notice may contain the titles of those movies, and therefore may contain text that is offensive to some readers.
Copyright Enforcement Group, LLC, ("We") represent Elegant Angel Inc. Elegant Angel Inc owns all right, title and interest to the registered copyrights listed below.
Evidence:
Infringement Title: Curvy Girls 4
Infringement File Name: Curvy.Girls.4.XXX.DVDRip.XviD-STARLETS
Infringement Hash: 1ce07840ea42f6113033a3aaa04ad61b5b4fbabe
Infringement File Size: 1478909170 bytes
Infringement Protocol: BitTorrent
Infringement Timestamp: 2010-11-07 14:14:28 North American Eastern Time
Infringers IP Address: xxxxxx
Infringers Port: xxxxx
The following files were included in the download:
File 1: Curvy.Girls.4.XXX.DVDRip.XviD-STARLETS/CD1/starlets-cg4-cd1.avi
File 2: Curvy.Girls.4.XXX.DVDRip.XviD-STARLETS/CD2/starlets-cg4-cd2.avi
You are hereby notified that your unauthorized copying and/or distribution infringes the registered copyrights of Elegant Angel Inc under the U.S. Copyright Act, 17 U.S.C. 106. In this regard, demand is hereby made that you and all persons using this account immediately and permanently cease and desist the unauthorized copying and/or distribution of the registered copyrights listed in this notice or otherwise owned by Elegant Angel Inc.
You may also be held liable for monetary damages, including attorney's fees and court costs if a lawsuit is commenced against you. You have until Thursday, December 23, 2010 to access the settlement offer and settle online. To access the settlement offer please visit http://www.copyrightsettlements.com/ and enter Case #:
If you fail to respond or settle within the prescribed time period, the claim(s) will be referred to our attorneys for legal action. At that point the original settlement offer will no longer be an option and the amount will increase as a result of us having to involve our attorneys.
Nothing contained or omitted from this correspondence is, or shall be deemed to be either a full statement of the facts or applicable law, an admission of any fact, or waiver or limitation of any of the Elegant Angel Inc's rights or remedies, all of which are specifically retained and reserved.
The information in this notice is accurate. We have a good faith belief that use of the material in the manner complained of herein is not authorized by the registered copyright owner, its agent, or by operation of law. We swear under penalty of perjury, that we are authorized to act on behalf of Elegant Angel Inc.
Sincerely,
Dale Spislander
Copyright Enforcement Agent
Copyright Enforcement Group, LLC
8484 Wilshire Boulevard, Suite 220
Beverly Hills, CA 90211
Local: (415) 655-4205 Ext. 1
Toll Free: 877-5-COPYRIGHT (877-526-7974)
Email: support@copyrightsettlements.com
Website: www.copyrightsettlements.com
If you fail to respond or settle within the prescribed time period, the claim(s) will be referred to our attorneys for legal action. At that point the original settlement offer will no longer be an option and the amount will increase as a result of us having to involve our attorneys.
Nothing contained or omitted from this correspondence is, or shall be deemed to be either a full statement of the facts or applicable law, an admission of any fact, or waiver or limitation of any of the Elegant Angel Inc's rights or remedies, all of which are specifically retained and reserved.
The information in this notice is accurate. We have a good faith belief that use of the material in the manner complained of herein is not authorized by the registered copyright owner, its agent, or by operation of law. We swear under penalty of perjury, that we are authorized to act on behalf of Elegant Angel Inc.
Sincerely,
Dale Spislander
Copyright Enforcement Agent
Copyright Enforcement Group, LLC
8484 Wilshire Boulevard, Suite 220
Beverly Hills, CA 90211
Local: (415) 655-4205 Ext. 1
Toll Free: 877-5-COPYRIGHT (877-526-7974)
Email: support@copyrightsettlements.com
Website: www.copyrightsettlements.com]]>
- ----End ACNS XML
This is an automated email. If you have questions or concerns, please visit us at http://www.copyrightsettlements.com/contact_us.html. Replies sent to dmca@copyrightsettlements.com are not read.
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Re: Got one through abuse@charter (long)
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I got that exact same letter from charter on a different porn movie and it was for $125. I jsut paid it, hopefully its alright, i've gotten rid of all of it though too, I don't need this crap right now. It was from the same people too What did you do?
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me to
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Re: me to
http://local.yahoo.com/info-57181031-fgs-business-center-virtual-office-beverly-hills
The address is for a virtual business, and there is no BBB record for them could not find anything indication state bar information either.
http://club.myce.com/f94/south-dakota-isp-battles-us-copyright-group-file-sharing-lawsuit s-315362/
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http://www.slyck.com/misc/patrick_complaint.pdf
As stated above, "CEG" is just something that Siegel simply set up using a sham rent-a-secretary virtual office in a building with a different address than his law office. If you look at the complaint(s) for CEG cases, it's actually Ira M. Siegal behind them. Here is the info on CEG, followed by Siegel's law practice. They appear to be separate, but it's the same guy... the court documents don't lie.
Copyright Enforcement Group LLC
8484 Wilshire Boulevard, Suite 220
Beverly Hills, CA 90211
(310) 526-8610
Toll Free: (877) 526-7974
supportteam@copyrightenforcementgroup.com
support@copyrightsettlements.com
salesteam@cop yrightenforcementgroup.com
legalteam@copyrightenforcementgroup.com
pr@copyrightenforcementgroup.co m
support@copyrightsettlements.com
Law Offices Of Ira M. Siegel
433 N. Camden Drive, Suite 970
Beverly Hills, California 90210-4426
Tel: 310-435-7656
Fax: 310-657-2187
Ira M. Siegel, Cal. State Bar No. 78142
irasiegel@earthlink.net
http://www.facebook.com/irasiegel
http://www.linkedin.com/pub/ira-s iegel/5/46a/a30
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I have till January 22nd. 250 total dollars if I settle.
I have found plenty of info about people getting these, but hardly anything about what the repercussions have been to those who ignored it.
Here is an interesting link from a lawyer who basically says to ignore it...
http://nctritech.wordpress.com/2010/09/24/did-your-isp-forward-you-a-dmca-copyright-infring ement-notice/
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I AM NOT A LAWYER.
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Crazy
This is my opinion: I don't recommend visiting their settlement website at all. I think you should call your ISP and complain about the notice, as they blindly forwards these things. I think you should call the lawyers offices via phone and talk to them until they think and stop. Contact the EFF.org. Use twitter. Lastly, mount a boycott against the porn companies in league with these lawyers, like Diabolic etc. They don't need you as a fan. The last resort should be paying up. Never offer your identity. You won't be any better off submitting to their will.
Overall I don't feel its moral to pay them. They are running a destructive scheme, based on social shaming. This has nothing to do with justice. The porn these companies create is not artistic, it is profanity. Complain to all parties involved when you get a notice. Don't give your identity.
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What happens when you DON'T pay.
Again, do NOT pay them a dime. They have no case.
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How to get your money back.
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FTC Complaint website wizard
Link here:
https://www.ftccomplaintassistant.gov/
Its quite friendly and asks for things like how much they asked for and if they threatened you legally or not. You can enter multiple business addresses/websites. They leave space for your story. You don't have to fill out every line and they don't require you to leave them any of your contact info.
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Just got an email from CEG for 14 complaints
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Spoke with internet provider
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Re: Spoke with internet provider
Is this for real? I am losing sleep over this. Somebody help me out please! Do I need to get a lawyer?
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Re: Spoke with internet provider
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Re: Spoke with internet provider
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As of today, nothing has happened. No legal action or even another email has come forward. All I did was lay low for about a month or two and all is well.
I also use Charter btw. Just don't do anything and don't send them any money. File a complaint on the FTC website or FBI website. I used the FBI site as they have a cyber terrorism section.
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Re:
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Re: Ira Siegel's (CEG)cases were granted "ex parte"
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Got one too
We've heard of tons of people getting these letters, we've heard from many, above, who have ignored them without consequence. One thing we haven't heard of is someone who ignored then got sued. Anyone?
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Spoke to an attorney.
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Re: Spoke to an attorney.
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many years ago, when dsl was new, I got a phone call from my isp about some death threats made on a news group. to this day, I have never used a news group and not even sure what it is. never heard anything good about them, so I have no interest. back then I didn't have wireless. I never heard another word about that incident after that first phone call.
you have to keep in mind, this is the country where people are guilty until proven innocent. my family has experienced this more then once, and it's not something to wish on anyone.
personally, the whole thing looks shady. I would never pay money to any company who sends out automated threatening emails. it feels to much like a scam. the people who have paid, maybe they're in the clear now. but I'm guessing most people will take the road I'm taking and wait it out. if you have paid, I would let it go. don't fuel the fire by filing a charge back with your bank. don't email them, it likely contains your name. I would recommend not even visiting their website or logging into their system, as these things can be tracked to your same ip address.
I have to put my foot down any time someone tries to scare me into doing something. if I'm ever sued for this claim, I'll drive there myself, represent myself, and hope the truth sets me free. I plan to use the $20 documents package. http://blogs.findlaw.com/strategist/2010/12/lawyer-who-helped-copyright-defendants-with-self-help-fo rms-sued.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+FLStrategist+%28Str ategist%29
legit or not, this stinks of scam and extortion.
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so what if my neighbor has been downloading off my IP address?
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oh theres more, did i screw myself over?
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all signs point to a scam
From what i gather, the bottom line here is that this is BULLSH*&T and we shouldnt pay.
I can guarentee mine is. the date in question was Easter and my family was at my brothers house, no one was home. However, this website needs to be shut down!!
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Abuse@charter.net
It appears they are downloading movies and tracking the IP of the uploaders then sending a bill for each time they download the same movie over and over again. I deny any liability and have changed my password on my wireless network.
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same boat
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ISP was served witha subponea
More info:
http://archive.recapthelaw.org/cand/232674/
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Re: ISP was served witha subponea
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We will see
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http://www.xbiz.com/news/126143
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they upload files they want monitored.. and when an infringement occurs.. a collection notices is automatically generated and emailed to the persons ISP.. which is forwarded to the costumer.. from there that link sends the costumer to www.copyrightsettlements.com. wich offers them a pre-settlement to pay a fine or purchase goods. and once a settlement is paid or goods are purchased the "INFRINGER" is released from liability and the collection is split between the copyright owner and Copyright Enforcement Group.
aaaaaand
If an infringer doesnt pay the settlement or ignores the notice CEGs in-house legal team takes over until a collection is realized.
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Re: You paid, what happened?
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Distribution to Minors?
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New update
By Certified Mail & Email
June 07, 2011
Re:
Case Name: Media Products, Inc. DBA Devil's Film v. DOES 1-1257
Case No.: CV-10-04471-MEJ
United States District Court for the Northern District of California
Title of Infringed Motion Picture: DON'T TELL MY WIFE I ASSFUCKED THE BABYSITTER
File Name: Dont.Tell.My.Wife.I.Assfucked.The.Babysitter.XXX.DVDRip.XviD-NYMPHO
File Size: 1,461,071,728 bytes
ISP: Verizon Internet Services
Protocol: BitTorrent
We represent the Plaintiff in the above-identified case.
Pursuant to a Court-approved subpoena, the Internet Service Provider ("ISP") named above and other ISPs have disclosed subscribers whose Internet accounts have been identified as having been used to download from and/or make available on the Internet unauthorized copies of the above-named motion picture in violation of the U.S. Copyright Act (17 U.S.C. 101 et cetera).
You have been identified as one of those subscribers, in particular as Doe XXXX in Case No. CV-10-04471-MEJ, who has infringed Plaintiff's copyright in the above-named motion picture. The complaint in this case can be viewed online at http://cv-10-04471-mej.irasiegellaw.com/. We will formally name you as a defendant in that case if you do not reach a settlement with us by the close of business on Monday, June 27, 2011.
YOU SHOULD CONSIDER CONSULTING WITH YOUR OWN ATTORNEY IN CONNECTION WITH THIS CASE.
In connection with this case, we will seek, among other things, an award against you for damages of up to $150,000 for willful infringement, and up to $30,000 for non-willful infringement, under the statutory damages provisions of the Copyright Act (17 U.S.C. 504(c)), costs and attorney fees, and a permanent injunction.
Do NOT delete any files relating to the above-identified motion picture from any of your computers unless and until Plaintiff's claim against you is resolved by settlement or otherwise. If you do, in addition to damages, we will seek sanctions against you for spoliation (i.e., destruction or alteration) of evidence.
To settle your infringement now, the settlement fee is $1,500.00. Also, as indicated above, the settlement fee must be received by us, on behalf of Plaintiff, by the close of business on Monday, June 27, 2011.
Settlement payment in the form of a check or money order should be made payable to "Law Offices of Ira M. Siegel," with Case Management ID: 3548 written on the remittance/advice line of the check or money order.
The payment, along with your signature on the Liability Release Agreement (see attached document) should be sent to this address:
Law Offices of Ira M. Siegel
P.O. Box 16952
Encino, CA 91416
With respect to the Liability Release Agreement, read it carefully. You will see that we have accommodated the reasonable interests of a defendant such as yourself. Once the money represented by your check or money order has actually been received in my attorney-client trust account, I will return to you the attached Liability Release Agreement signed by me on behalf of Plaintiff, along with a Settlement Date and Release Security Code. Shortly thereafter, a dismissal of you, identified by your Doe number, IP address and timestamp, from the case will be filed with the Court and sent to you as well.
Juries and courts do take copyright infringement very seriously. As noted above, you should consider consulting with your own attorney in connection with this case. You and/or your attorney may research similar cases relating to unauthorized downloading of media, such as in the music industry.
We look forward to resolving this case with you according to the terms set forth in the Liability Release Agreement. If we do not, then you may formally be brought into the case without further notice.
Sincerely,
Ira M. Siegel
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Re: New update
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Re: Re: New update
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Re: New update
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in response to #90 Post Above
When ISP sent you the emails
1. How many different email/cases you had?
2. Did you log in to each case and checked how much they are asking per case?
3. Was the total amount they aske that time same as $1500 they are asking now?
I need to know as I also received 2 or 3 emails. I haven't checked my cases yet. Not sure should I take a chance, as some people didn't get subpeona.
Thanks.
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Copyright Enforcement group
http://www.autoblog.com/2011/06/01/sti-version-of-subaru-coupe-unlikely-to-go-turbocharg ed/
I in turn shutdown the website and will no longer participate in blogging any longer.
Scared to death.
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CEG
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I just got one of these letters....
Just got 4 of these letters in the space of 14 minutes. 2 of these letters or for 1 porn file and 2 are for another porn file.
I logged in and the settlement fee is $200. I didn't log in from my home account, just from a mobile phone account.
I received the letter through a VPN provider who does not give out my details to a third party.
I'm also from Australia, should I be worried? They technically don't know my name or anything, and I'm wondering if they could get a court order to find my name even though it's a civil matter?
Any help is appreciated it, I'd rather pay up $800 then to be slapped with 4 sets of $1500.00 fines.
Thanks in advance for any help.
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I am the Same Person #91 Above :: I PAID
I called the # (Message Service) left my number to call back. Got call back, talked to Alex (same # as messenger service but extension 112). I told him it's the same file, bla bla bla, at the end he dropped other 5 cases.
I choose to pay $200 in 60 days and get rid of any future hassle.
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How to Pay??
Anyway, I am planning on paying the $200 fine they list on their website... But don't want to give them my actual name and visa number. So I'm thinking about buying a VISA giftcard and using that to pay the fine. Has anyone else tried this?
The only issue I can think of is that the "Copyright Settlement" website requires my name and address... I don't exactly know how the visa giftcard works.. Can I setup the card under a different name and address?? one I make up? or use the whitehouse address??
Thoughts??
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Re: How to Pay??
"Can I use my Visa Gift card for online or phone purchases?
Yes. However, to make an online or phone purchase, you will need to register your card. You can do this by either calling the issuer, or by visiting their web site.
When you make an online or phone purchase, the name, address, and phone number you use will need to be exactly the same as the information you provided when registering your card. If the information is different, the transaction may be declined.
You can verify or update your information by visiting the card provider's web site, or by contacting them using the toll-free number provided in your card documentation. "
Looks like all I have to do is register the card and come up with a name and address... Looks like "Ben Dover" is going to be paying this bill..
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Do they have...
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Re: #101
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My advice is to ignore them. These are scare tactics from small time ambulance chasing lawyers looking to make a buck from threatening people.
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I also received a notice. After reviewing all the information above, I decide to ignore and see.
Another question, can I prolong the due date of the settlement another 60 days without give out my information? Or it is totally nonsense and danger to me?
Thanks!!
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Got my own emails recently
The ISP addy that's on my notice doesn't match mine but then I don't understand all of it either.
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806. Harassment or abuse
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
807. False or misleading representations
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(2) The false representation of
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
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Jesus Christ
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1. Set up torrent file.
2. Track file.
3. Get John Doe Subpoena from the various ISPs for all IP Addresses that have downloaded your copyrighted file. (cost = $300)
4. Send scary legal letter to all downloaders, demand extortion money by threatening huge lawsuit for a case that you have no ability to effectively argue and no resources to actually file. (you've got to file the case in the state/jurisdiction where the person downloaded the file, most of these lawyers aren't practiced in copyright law and would have no idea where to even begin).
5. Sit back and wait for the people who think you're legit to send you money $$$. Note their names so you can see if their IP address downloaded any other content, hit them up again, and again, maybe you actually represent the copyright holder and maybe you don't!***
***http://www.techdirt.com/articles/20110509/11235214213/dispute-over-nude-nuns-copyright-lead s-to-second-firm-copying-first-firms-lawsuit.shtml
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Updated my Copyright Infringement Notice site, you should read it.
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Re: Ira Siegel's (CEG)cases were granted "ex parte"
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Re: We can help....
Do Not Pay !!
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Re: Re: We can help....
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Somewhat scared
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Updates?
Phil, any updates on your situation?
Thanks!
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Dec 5 was my due date
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Check this out
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Check this out
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Re: Check this out
Did anything happened to you since you didn't pay??
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Re:
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Re: Re:
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Re: So what happened?
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Odd
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Re: Odd
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Re: Re: Odd
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Torrent Proxy
Believe me, it is worth it.
Do your research and find the appropiate one for you.
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Update
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I DID NOT PAY
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Re: I DID NOT PAY
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Wondering if you are still there...I plan on doing the same as you.
Question I have though:
1) When applying for your PO Box they require your real name and address. But I believe they can't release that information to anyone else, correct?
2) Did you reference your IP address on the money order? What did you put on the money order for "purchaser, signer for drawer" and I assume you put your POBox for the address on the money order correct?
3) Did you mail it or drop it off at their office? What address did you mail it to or drop it off at?
4) What did you use the email addy for? I don't see anything that they would use that for
5) In the return address to your PO Box did you just list the POBox and no name? or did you list your IP address as the "name"
6) Have you heard anything back from the since? from your ISP or via email / mail?
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Re:
Is this one of the CEG cases? If so, which one?
Regarding your P.O. Box question. I am pretty sure the US Postal Service would only release the identity of an owner if subpoenaed.
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It seems like a lot of commentators are saying...
1. They didn't pay and after a period of time (months), there is a subpoena or lawsuit filed with them identified as a 'Does XXXX' and their ISP potentially identifying them.
2. Those that did pay end up with more notices (not sure if repeat or new offense) or because they guys are exploiting people even more.
TL;DR If you paid, did the problem really go away
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Has anyone else basically just paid the money and had them go away permanently? I'm looking to do this. If paying them is going to get them to stop from harassing me in the future, then i'd rather deal with it that way.
But one individual mentioned that once they get your name - and thus associate it with your IP address/name/file - they will continue to ask you for more money.
Anyone?????
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The solution is coming soon
When the application is finished a limited number of people will be allowed to download it and run it for testing purposes and to ensure that the system functions as expected. The beta testers will then have free access to the application when released properly. The application will be released for only 10 around $15.
If it turns out that nothing is found you would be entitled to counter-sue with bone fide digital forensic evidence to support your claims against their untested, un-validated assertions.
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Re: The solution is coming soon
Has it ever been used in these cases to squash a subpoena? Has a certificate from this program ever been produced and given to an ISP which made the ISP not expose the information of a Jon Doe defendant?
Thanks
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proceed to the bathroom...
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Re: proceed to the bathroom...
See the following for details:
http://arstechnica.com/tech-policy/2011/07/major-isps-agree-to-six-strikes-copyright-enfor cement-plan/
http://www.extremetech.com/internet/122747-isps-to-become-copyright-cops-this-summer
and on the delay in implementing it:
http://yro.slashdot.org/story/12/07/13/1751208/isp-six-strikes-plan-delayed
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Settled.
I talked to them to make sure they don't come after me after I settle and the IP being dynamic is assigned to someone else who downloads it and so on... As per them it is case to case basis and if IP is assigned to someone else who downloads and gets caught, letter will go to the ISP.
I have secured my IP, hid the SSID, hoping nobody hacks into my network.
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Also settled. took more money away.
is this whole thing a scam?
now that they know my address/name, will they keep chasing me? can they redirect my new CC from arriving to my hands? will they knock at my footstep to see if I still dont have the files? im panicking even more!
no lawyer or financially to counter-sue. Should I try my bank to return my 400$ from the settlement too. If so, will they sue me again by letter now? omg! I think I think too much, but the possibilities for more extortion are endless!
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Re: Also settled. took more money away.
I paid as well but no fraudulent charges were made on my card. May be some spyware or may be your card info was taken from some other website where you used your card.
>> now that they know my address/name, will they keep chasing me?
I asked them the same question and as per them each instance is a case by case basis. Say for example tomorrow my IP address (since it is a dynamic IP) is issued to someone else and he downloads something, will they come after ME since they have my info now and it is associated with my IP? They said, each case is on case by case basis and mail will be sent to the service provider who will then send the mail to whosoever the IP assigned.
I think we have a reason to believe in what they said because the system is automated.
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Re: Copyright notice for pictures used on my blog?
Some days after you I got the same as you. People shared and uploaded uncopyrighted pics to my site but they said must responsible for everything under my domain.
I'm from another country in Europe. I'm considering that I can pay that some hundred bucks but I definitely do not want to be followed after they get all of my info.
Anybody from non US here too? What did you do and what happened after months or years.
Thanks!
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Re: abuse@chartercom.com fake scam
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