Normally the topic of copyright trolls here centers around file sharing via the BitTorrent protocol. A third-party recently provided me a copy of a settlement demand letter from Las Vegas, NV, attorney Mark Borghese. The alleged copyright infringement is for the distribution of a porn/fetish movie owned by TaylorMadeClips. TaylorMadeClips has, how shall we say it…… some “interesting” porn/fetish movies that are NSFW. For this letter, no BitTorrent activity took place – the movie appears to have been posted to some Web site. The details of the alleged activity have been redacted as it could identify who the recipient is. It is very similar to other demand letters, with the exception that there doesn’t appear to be a federal case associated with it. Borghese_SettleLtr_Aug2013
Now as the settlement demand letter was addressed to the alleged infringer, you have to ask how they were able to obtain this information. I believe the personal information came from either the Web site user account record, the file hosting site records, or from TaylorMadeClips. It is possible the Web site user account had certain information freely viewable (real name, city, State, email addresses, etc.). As most Web sites will not disclose personal/subscriber information without some type of legal paperwork, I’m thinking the movie in question might have been “watermarked” with a code to identify who purchased the movie from TaylorMadeClips. Couple that with any freely available information associated with the Web site user account and the content owner may believe they have the right person. That or they are simply going off the code that shows who purchased the movie.
As they now have a name and address, it is a simple process of having Mr. Borghese send a letter to demand payment to prevent a federal copyright infringement case. Mr. Borghese makes the same threat we have seen before – if they are forced to litigate, they will interview all personnel in the residence and forensically examine all hard drives and electronic storage devices.
The duty to preserve evidence section is overly large and covers any and all aspects (“Kitchen Sink”) of possible data/evidence. What I did find funny was the part that tells the recipient that they are required by law to suspend ANY practice (to include routine ones) that could purge or deleted possible evidence. So in other words, don’t bother to turn on your computer or try to use it.
I don’t know the recipients address, but unless he/she is in Nevada or Washington DC, Plaintiff/Borghese will have to hire local counsel in the proper jurisdiction to file a copyright infringement case on his client’s behalf.
- This was the first time I heard of Mark Borghese and TaylorMadeClips. I only found two items of interest on the Web.
A 2010 news article where Borghese represented a Texas Righthaven victim.
Wells is represented in the litigation by Las Vegas attorneys Mark Borghese and Ryan Gile of the law firm Weide & Miller Ltd.; as well as attorneys from the San Antonio firm Gunn, Lee & Cave P.C.
MN attorney Arron Hall mentions Borghese in his Web site.
Recently, attorney Mark Borghese from the law firm of Borghese Legal, LTD. in Las Vegas, Nevada has been sending demand letters. These letters have claimed copyright infringement for illegal download of the following movies: 5 Days of Service & Consumption: Day 1 Massive Up Close Blasts in Your Face Toilet Boys, 5 Days of Service & Consumption: Day 2: Floods of Farts, 5 Days of Service & Consumption: Day 3 You’re One Lucky Son-of-a-Bitch, Bound Face Crushing Point Blank Farts, Human Toilet Can, 5 Days of Service & Consumption: Day 1 Aren’t you Excited to Have me Home, 5 Days of Service & Consumption: Day 2 This toilet seat is your frame FARTFACE, 5 Days of Service & Consumption: Day 5 Up Close Asshole Action, I’m Sitting on a Mother Lode Right Now, and My Fart Sniffing Cushion. According to the letter, TaylorMadeClips owns the copyright to these porn movies.
I found approx. 295 movies registered to TaylorMadeClips, 5841 E. Charleston Bl. #230-216, Las Vegas, NV, firstname.lastname@example.org.
It appears they are well versed in registering their works, but anyone who receives one of these letters should verify that the movie is actually registered. A work that is not registered will prevent the Plaintiff from getting statutory damages and attorney’s fees – actual damages only. Not that Plaintiff/Borghese would likely tell any recipient of this fact.
A simple search on RFC Express failed to show any copyright cases with the parties being TaylorMadeClips. Note: Any such case(s) could be filed under a different Plaintiff name. If Plaintiff ever files a copyright infringement case in a Federal court, they are still going to have to show some sort of evidence that the defendant is the infringer. As these cases will have been delayed by the settlement efforts, there is the chance that any evidence maintained by a Web site(s) could be lost.