Berlin Law Firm Files Criminal Complaint Against Copyright Troll U+C Alleging Its Demand Letters Are Fraudulent

from the but-no-one-would-fight-being-accused-of-stealing-porn,-would-they? dept

German copyright troll Urmann + Colleagues' (U+C) pain is only just beginning. U+C misrepresented a streaming service as a file-sharing site to a German court in order to obtain subscriber info on thousands of German RedTube users. U+C then used this fraudulently-obtained data to send out collection letters to over 10,000 users, demanding a payment of $345 for copyright infringement.

Red flags were raised by a handful of German lawyers who noted that almost everything about U+C's actions bordered on illegal. At the very least, U+C couldn't demand payment for activity not considered to be infringement by the German courts. The backlash began there.

First, the court that had issued the 50 orders (covering thousands of IP addresses) revoked them after it became apparent that U+C had misrepresented RedTube's service. Then RedTube itself was granted an injunction forbidding U+C (and The Archive AG -- which apparently "owns" the copyright to the porn titles at the center of all this activity) from sending out further demand letters to its German users.

Now a Berlin law firm (MMR Müller Müller Rößner) has filed a criminal complaint against U+C, alleging fraud and blackmail. According to the firm, U+C payment demands were predicated on a false claim (that German RedTube users were liable for copyright infringement for viewing a streamed video). Under German law, nothing illegal had occurred, but U+C was obviously hoping ignorance of the law would net it some income from RedTube users. Roughly paraphrased (and even more roughly translated), the law firm accuses U+C of deploying a "grandson trick" -- a scam -- that preys on the gullible and ignorant, and leverages the underlying threat that their targets' porn-watching habits could be exposed if payment isn't prompt.

Additionally, the method that U+C used to obtain IP addresses still hasn't been adequately explained. Even if it did use a completely above-board method to harvest viewers' IP addresses, the way RedTube serves its streams makes proving who watched what video almost impossible.

Even more incredibly, U+C lawyer Thomas Urmann claimed earlier this month that it makes no difference if shady methods were used to obtain the IP addresses. According to him, it's "too late" to raise that objection seeing as the court had already ruled in U+C's favor by issuing the orders to release user data. Urmann is likely not feeling quite as confident now that the court has repealed its support and revoked the earlier orders, but it's still a bit discomfiting to hear a lawyer boldly claim that the ends justify the possibly illegal means.

Another law firm (Diehl & Partner) weighing in on U+C's misconduct wonders exactly what it plans to use as evidence should any of these cases go to court, considering the works under discussion were only streamed and not downloaded. Obviously, this question is almost entirely rhetorical. Demand letters sent on a massive scale are the business model, not the first step in a complex legal strategy. Here in the US, courts have become less and less willing to entertain copyright trolls' low-level extortion schemes. U+C's audacious (and possibly fraudulent) letter writing campaign will only hasten the development of an identical legal climate in Germany.

Filed Under: copyright, copyright trolls, extortion, fraud, germany
Companies: the archive ag, u+c, urmann + colleagues

German Court Pulls Orders Granted To Copyright Troll U+C; Grants Injunction Against Future Demand Letters

from the undoing-the-damage dept

Urmann+Colleagues (U+C) is having a hell of a month. It looked to be briefly on the path to the sort of financial success copyright trolls like Prenda and Mailbu Media can only dream about. U+C sent out at least 10,000 settlement letters earlier this month asking for €250 ($344) from viewers who had streamed certain pornographic titles on RedTube.

The problems inherent in U+C's "business model" swiftly became apparent. First off, it appeared the agency had misled a German court by presenting RedTube as a file-sharing site, rather than a streaming site. In addition, U+C had somehow acquired subscriber info and IP addresses, data not easily obtained from the streaming sites. (RedTube has denied multiple times that it provided this info to U+C). German lawyers stepped up and informed the public that the demand letters were problematic to say the least and that there was little chance the demands were enforceable under German law (thanks to streaming of infringing content not being illegal).

Now it's not just lawyers standing in the way of U+C's easy money. The court has stepped in, admitting its mistake in approving U+C's requests and revoking court orders compelling Deutsche Telekom to hand over subscriber info on nearly 50,000 IP addresses.

The question still remains as to how U+C acquired these IP addresses. Ars Technica reports that some German internet users who received demand letters found the following redirect in their internet history.

http://hit.trafficholder.com/transfer.php?http://49655.movfile.net

http://49655.movfile.net/

http://49655.retdube.net/

Which then finally resolves to Redtube.com.

According to German tech site heise.de, these harvested IP addresses can be acquired for a certain amount of cash. Ars Technica was unable to secure a comment from TrafficHolder, despite its website's promise of "round the clock customer service." TrafficHolder also failed to respond to emailed queries.

This development gives U+C's efforts the appearance of a small-time honeypot, something that could generate further legal problems for the company. But as German lawyer Christian Solmecke points out, attempting to recover fines or costs from U+C (and its benefactor, The Archive AG) would be a long, drawn-out process that could last as long as 18 months. For most of those targeted by U+C's shady tactics, simply not paying a $344 fine will be victory enough.

The Archive AG (supposedly the rights holder for the porn titles in question) hasn't completely dodged the fallout from this ham-fisted collection attempt. RedTube has been granted an injunction against the company that prevents it from hassling its viewers about alleged copyright infringement. From the press release:

The District Court of Hamburg has granted an injunction in reaction to Cease and Desist letters sent to RedTube users by law firm Urmann Collegen on behalf of the Archive AG. RedTube, the leading provider of adult content filed an injunction earlier this week to prevent further harassing RedTube users with threatening Cease and Desist letters and alleging copyright infringement.

As ruled by the court, The Archive AG is no longer allowed to send out warning letters to Redtube users claiming that the users violated the copyright of The Archive AG -- not only with regard to the videos mentioned by Urmann Collegen in the warning letters, but in regards to any specific videos. The claims by the Archive AG have been deemed unfounded and users of streaming websites, including RedTube, are once again free to access and enjoy videos with peace of mind.

RedTube again reiterated its claim that it never exposed any user data, nor did it turn over any info to U+C or The Archive AG, either of its own free will or via a court order.

U+C isn't shy about using shady tactics to boost collections. As has been covered here in the past, U+C has attempted to shame file sharers into paying fees by threatening to expose their porn habits to the public. This latest attempt is just as legally questionable. Of course, nothing happening now will mean a thing if, in the future, U+C is able to deploy nefarious tactics with the blessing of the confused German court.

Filed Under: copyright, copyright trolling, germany
Companies: redtube, the archive ag, u+c, urmann + colleagues

German Copyright Troll Sends Thousands Of Shady Demand Letters To Users Of Streaming Porn Site, Redtube

from the this-again? dept

Online porn is big business, perhaps not so much for pornographers as it is for copyright trolls and anxious government entities. Urmann and Colleagues (U+C), a German copyright troll, is continuing the settlement letter tactics it began last year. The difference this time is that rather than pursuing downloaders via torrent tracking and threatening to out them as porn watchers if they don't pay up, U+C is now targeting viewers who have streamed allegedly infringing content from porn aggregator Redtube.

Tens of thousands of German internet users have been sent threatening letters by a law firm apparently acting on behalf of a rights-holder, on the basis that they watched copyrighted material on the pornographic video-streaming site Redtube.

The letters, issued by law firm U + C on behalf of Swiss firm The Archive AG, demand €250 ($344) per watched clip. The films in question include titles such as “Hot Stories” and “Amanda’s Secrets.”

According to the source article, a Cologne-based lawyer estimates that, based on the number of calls he alone has received, U+C has targeted 20,000-30,000 viewers.

There are multiple problems with what's going on here. First of all, The Archive AG is itself a "copyright protection" company, meaning it's acting on behalf of the porn producers through U+C, rather than producing the porn. Beyond that, the titles listed in the letters (Miriam's Adventures, Amanda's Secret, Dream Trip, Hot Stories) show up in searches only a) as part of articles detailing U+C's actions or b) as the unrelated names of websites and blogs. If this porn exists other than on Redtube, it's not easily located on the web.

Furthermore, U+C offers no proof that these titles were uploaded to Redtube without permission. On top of that, there's plenty of legal questions surrounding the supposed illegality of viewing infringing streams, especially since users are never fully in possession of the infringing content. Even if they were in possession of the video (however temporarily), German law allows for "private copying" without legal penalty.

Then there's the question of how U+C obtained IP addresses. Data on streaming viewers isn't as easy to obtain as it is with torrent services.

As for how the viewers’ IP addresses were identified, that also remains a mystery for now. The itGuards “Gladii” software mentioned in court records is reportedly only designed for monitoring file-sharing networks. File-sharing is easier to monitor in this sense, as IP addresses are there for the harvesting unless the user deploys a VPN or proxy.

Some have suggested that users were targeted with malware that harvested their IP addresses. If so, this would be a new low for a particularly obnoxious facet of the copyright industry.

According to the source article, U+C apparently misrepresented Redtube as a file sharing site ("swap meet" in the original article) in order to obtain court orders demanding the release of subscriber IP addresses.

What this looks like is Prenda-type tactics. Misrepresentation to the court. Possible honeypot deployment (the porn titles seem to be nonexistent). Shakedown letters sent en masse. And, going one step further than the most infamous of porn copyright trolls, the possible deployment of malware to track IP addresses. (Google currently indicates that Redtube "might be hacked.")

With the ownership of the disputed clips almost impossible to verify and U+C's tactics crossing the line from "shady" to "possibly illegal," lawyers in Germany are advising recipients of the demand letters to ignore them for the time being and by no means encourage U+C by paying the legally dubious fee. Of course, it will probably take more than this to discourage U+C. Settlement letters are generally issued on the same principle as mass mailing: a 1% response rate is more than enough to cover the expenses incurred.

Filed Under: copyright, copyright troll, germany, streaming
Companies: porn, the archive ag, u+c, urmann and colleagues

Porn Copyright Troll's New Tactic: Maybe Public Humiliation Will Magically Make People Pay

from the well,-that's-one-strategy dept

It's no secret that the real strategy of many of the porn companies who have turned into copyright trolls is to use public shame into the game as a way to pressure people into settling. As per usual, these companies almost never follow through on actual lawsuits against people. They do just enough to get ISPs to cough up identifying information and threaten to file the lawsuit. In some cases, the threat of having to fight a lawsuit is enough to make people settle (even if they're innocent). However, often enough, it seems that the companies know that merely the possible embarrassment from publicly claiming someone downloaded porn will make them settle. It seems that one German copyright troll, Urmann and Colleagues (U+C) is skipping the legal middleman, and is just going to start posting information it's collected on people it accuses of infringement directly on its website, hoping this will create incentives to pay up, without the company having to go through any actual legal process. Of course, threatening to expose information about you unless you pay up, sure sounds an awful lot like extortion...

The article also notes that some legal experts believe that this move will violate Germany's (somewhat strict) privacy laws. Either way, U+C claims that it has a list of 150,000 people who it wants to pay up. I actually wonder if a list quite that large actually makes it counterproductive. When you're in the company of so many people, perhaps it's not quite so embarrassing... Of course, given that, perhaps it's not surprising that U+C has indicated elsewhere that it's going to be releasing the info in drips and drabs, and will be targeting those who have the most to lose if it's exposed that they were downloading hardcore porn.

According to comments an Urmann insider made to Wochenblatt, the law firm is planning to target the most vulnerable people first – those with IP addresses registered to churches, police stations and – quite unbelievably – the embassies of Arab countries.

How nice of them.

Filed Under: copyright troll, germany, humiliation, publicity
Companies: u+c, urmann and colleagues