Open Forum

This page is for all the questions and/or comments that don’t easily fit in any other category or post on the site.  If you don’t know where to start – here you go.

DTD :)

192 Responses to Open Forum

  1. Andrew Tandrew says:

    I have not read of Rightscorp actually suing anybody, or even going to court to get names. But I had not read of Rightscorp demanding settlements large enough to pay in installments or giving the collections agency treatment for the next payment either, they were only asking $20 in all of the discussions that came up when I searched this.

    As far as what to do next, I haven’t read of anyone else in this situation so I have nothing but intuition. My guess is that BMG does not want the publicity of taking music downloaders to court again and it won’t go further than robocalls. I wouldn’t pay them, I’d block their number, I’d hope and expect it to eventually go away.

    If they do go to court, Rob Cashman (torrentlawyer.wordpress.com) recently wrote about how bad the release wording you’re buying from them is and as such you could be in a real hole if you’ve signed something that’s effectively admitting guilt. (But if you only paid 1/3 of the settlement, is an unexecuted contract worth anything at all? IANAL. Hiring someone who is to tell you would very quickly cost more than the remaining $1200 of your settlement.)

    • M says:

      Alright thanks for the advice, I will ignore them for now and see how that fares. If it does come to a subpoena I could just pay off settlement right? Will it be a larger sum than what they want me to pay now or will it be the remaining amount of my settlement?

      • Andrew Tandrew says:

        Yes you can pay them to go away at any point in the process, if the process ever advances any further. There’s no telling how much they will demand if they do file against you in court but it would almost certainly be more than $1200. Other trolls, except for Lipscomb’s gang of thieves who tend to shoot for the moon, have typically asked $3-4K.

        Remember that these people operate on fear. They can demand $1700, they can demand $4,000, they can demand $150,000, you don’t actually owe them a penny unless they follow through with a case all the way to a judgement.

  2. AnonDoe says:

    I really need help fighting this TCYK, LLC copyright claim. The account is not under my name so I don’t know if that renders me ineligible to file. There is a relative mixed up in all this and they are too niave on the matter which resulted in me being on the phone for an extended period with the copyright troll lawyer. I did record this phone conversation as I live in a state of single party phone recording consent is legal (as it is in most states). The phone call was interesting, he definitely tried to intimidate me but I do not believe I said anything that legally implicates me.

    I’m overwhelmed, I’ve got lots of financial troubles and couldn’t settle with him even if I wanted to (I don’t).

    Please help me DieTrollDie, I really don’t know what to do. Not sure if it’s a good idea but I shared the phone call with the world by posting it here:
    http://www.reddit.com/r/cyberlaws/comments/1hm2ht/phone_call_with_a_copyright_troll_attempting_to/

    The objection deadline is fast approaching so please tell me what I need to do. Sorry to so overtly ask for help, but I just didn’t know what else to do.

  3. Trollvictim99 says:

    Hi
    I have just received an ISP letter from Comcast informing me that my ISP has been identified in the TCYK LLC case in District Court of Central Illinois. Anyone else received this? Please respond and we can help out.

    • sunshine says:

      Hello dear,
      Same here. I received same thing and talked to lawyer. Lawyer said there is 70 people in Illinois. Somebody said better ready together who had received isp letter. Give me msg.

      • John Doe says:

        Sunshine: is there an e-mail i can contact you directly..let me know.

      • another john doe says:

        Hello Sunshine, I received same letter yesterday. Did you ask your lawyer about protective motion to quash the subpoena?

  4. M says:

    How long does a troll keep up with harassment after initial notice before it gives up? I’ve been harassed by Rights Corps via robo calls for since April.

    • Parmesann says:

      Hey M, i also received a copy from DRC Inc. How are you getting harassed via phone? Did you give them your phone number when you settled?

      • M says:

        I didn’t quite settled, they had me paying off 20$ per item which racked up to 1.4k I paid about 400, they kept calling me for quite some time, It’s been about a month or more now since they called. Hopefully they left me alone.

    • me says:

      If they have your information, they will likely be continuous until the court drops their case (could be a year or so) or they may actually file.

  5. Ban Ban says:

    Hello guys.
    I just received a letter from Comcast saying that TCYK,LLC has filed a federal lawsuit in the UNITED STATES DISTRICT COURT for the Northern District of Illinois. Comcast will provide my name, address and other information unless i file a protective motion to quash or vacate the Subpena. TCYK,LLC V. DOES 1-112. After doing some research online to see what the “file” they said it was downloaded from my IP address i found out is a movie called The Company You Keep. At this point, I’m sill trying to do some research on the option I have and I should do. IP address doesn’t mean I did it, the network is open as my router does not have a password which mean anybody could of have download that file. I know this companies are trying to make some quick money, but what is the smart thing to do in this case. #1 Ignore them and have Comcast reply with my information to this troll company? #2 Wait for them to send me a letter of a lawsuit and how much they want me to pay (which I’m not going to pay anything) #3 Contact a lawyer to file a Motion to Quash (how much would that cost and who to contact? ) ?

    Please guys let me know if anybody has this problem and if you guys have contact a lawyer or professional advice.

  6. John Doe 99 says:

    Ban Ban Im in the same boat your in. I recieved the same letter, just the other day. Please let me know if you receive and advice.

    • Ban ban says:

      So after i received the letter from Comcast, i contacted a lawyer asking him a few question about these type of lawsuits. What i was told by this lawyer, he suggested me to wait for the settlement letter and not to file a motion of quash since TCYK was taking those people that file a motion of quash out of the general lawsuit and go after them on a single lawsuit. He also told that he had some cliets go actually decited to fight back the troll company. He also said that once they get your name and information from the ISP they could run a credit check on you. They will find out your income, properties under your name, if you are going to college and have a degree or any type of certification, if you have computer knowlege and worked at a place such as Best Buy, so that if they decited go thru the lawsuit they can use that again. (I’m not sure if that’s true or not that’s what this lawyer told me). So i decited to wait and see. I received the settlement letter on a packege one week ago. In that letter they are asking $3,500 to settle and dismiss me from the lawsuit. At this point I’m not going to settle and if i received phone calls from them I will not ignore them I will simply tell them that i dont know what they are taking about. Hopefully they give up and stop bothering. I will keep you guys posted.

  7. singleDoe says:

    I am a John Doe Defendant in a copyright infringement case by Media Malibu. Couple of weeks back MM file a motion for extension of time within which it has to effectuate service on defendant asking the judge to extended the time.

    I didn’t receive a single call or letter from them yet.. Please advice!

    • DieTrollDie says:

      It is not uncommon for Plaintiffs in these cases to request additional time to serve defendants with a complaint/summons. Often they have very lame excuses/reasons, but the court gives them the benefit of doubt. If you haven’t had any calls or letters from these guys, it could be they have outdated information. That or they lost/misplaced your contact information. They will likely use the extension to try to contact you, seek a settlement, and/or attempt to get more information on you and the others in your residence to determine if they want to move forward with the case. If they have lost your contact information, they will probably try to get the ISP to resend it and then start over. You may yet be contacted by them. Depending on how long the case has been open, you could motion for dismissal for failure to serve (if over 120 days since the ISP released the information. They would still be able to refile the case as long as you were not part of a previous mass does case (prior to this one).

      DTD :)

      • singleDoe says:

        I just checked on PACER.. Plaintiff’s Motion for extension of time is granted to effectuate service of a summons and Complaint upon Defendant. What should I do now… just sit tight and wait for their call or a letter? or should I start looking for attorney for a response. please advice! Thank you

  8. John says:

    Recent update on: Northern District of IL Malibu Media, LLC v. John Does 1-49,

    All but Doe’s 1, 34 and 35 have been dismissed (Doe #1 was Not identified as the seeder). But Doe’s 1, 34 and 35 were the only Doe’s to file motions. Any idea on what that means?

  9. vengeance says:

    Okay, lets get a filmmaker to make a documentary about this.any victims willing to speak out?

  10. Curious says:

    So I was wondering if anyone had any idea how exactly they track you in the first place. I Recently went to torrent three works owned by malibu media, all the same video but I wanted to download the fastest. In short, I never even finished downloading any of them. Does this matter, or would it be too late once they tracked it? It was downloading for about 15 minutes or so, and got to 40%. The other two that were slower were deleted very early on.

    • DieTrollDie says:

      1st – I recommend NOT downloading/sharing anything you don’t have a right to. Period. The way the law is written (poorly), even if the downloading/sharing was not willful (you knew it was wrong), the penalty can range from $200 – $30K. Bad idea IMO. To make it clear to all parties, I do not condone the illegal downloading/sharing of any type of works. Saying that, I certainly don’t agree with what the Copyright Trolls and their clients are doing either.

      As far as how they track/do business – The monitoring personnel/Troll firm/subcontractor, etc., are hired by Plaintiff to search BT for a specific movie(s). Lets use the Malibu Media/X-Art movie, “Angel Seaside Romp.” as an example. This applies to the “site rip” cases as well – just more movies involved. The monitoring personnel watch the entire movie(s) so they know what they are looking for. They then search Internet/BT for the particular movie title. As most movies are named something similar to the original, finding these copies isn’t too difficult a job. They then join a swarm (or multiple swarms (same movie, just different has file numbers) and download the movie(s). All the time they are recording the date/time and IP addresses that provide them parts of the movie. They are also likely recording what other media (movie, TV shows, games, software, etc.) is available via the IP address. Note: The monitoring personnel claim that during all this (and future) activity, they are not sharing out any part of the movie(s) – they use a client that is one-way only. Once the movie(s) is downloaded, they watch it to verify that it is/isn’t Plaintiff’s movie (or at least a significant part of it is). If it is Plaintiff’s movie(s), they continue to monitor and take part in the swarm. Their BT client is set-up to make requests from IP addresses that have the same movie(s) available (same SHA-1 hash #). They download some parts of the movie(s) while recording the IP address/date/time, etc. It is unknown how much of the movie(s) they actually download from each one of the IP addresses. I doubt they actually download the entire movie from each IP address – that would be consume more bandwidth/time/effort than they need to. As BT checks each movie(s) part being shared – ensuring it is part of the original movie(s), they are comfortable with claiming it is part of the original movie(s). The monitoring personnel continue this for some time and sort out the IP address to specific US jurisdictions (well at least in the case of Malibu Media and some others). The Troll has to filter out all the other Non-US IP address and ones attributed to the various Proxies/Anonimizers. Once the Troll lawyer has enough personnel in a particular jurisdiction – one that they have a licensed attorney in, they file a case.

      So for you particular situation, it doesn’t matter if you only got 40% downloaded or that you deleted the activity from you BT client. “IF” they were monitoring the swarm you took part in, they could have recorded your IP address as sharing out the content and possibly even received some part from you. Probably a better determining factor to the possibility of a case against you would be what jurisdiction you are in. They do not have attorneys in every jurisdiction – subject to change.

      DTD :)

    • Andrew Tandrew says:

      I have not read of any of Malibu’s individual cases involving a single movie, or even three movies. Some of their initial complaints in the mass suits last year only listed a single title to start but every one of those that I am aware of had additional – at least a couple, usually 20+ – other Malibu movies that had also been monitored coming from that IP address.

      Consider Malibu’s position. They don’t have the manpower to pursue more than a very small fraction of recorded infringements. They claimed during the Bellwether that they were monitoring something like 80,000 torrent downloaders per month in the US. Obviously many of those are in jurisdictions where they don’t have local counsel (yet) but many thousands of them are and of those Malibu sues about 100 of them. So they aren’t going to waste their time on a subscriber they can only tie to a single movie for $3,000 when they could go after someone else with 20+ movies for $30,000 instead.

      • DieTrollDie says:

        I agree they are going after the large-scale downloader/sharer. Because of the number of movies involved, I have heard amounts in the range of $300 – $750 per movie. I’m sure it also depends on who the defendant is and Malibu’s assessment of their networth.

        DTD :)

  11. Curious says:

    I started the download rashly and shut it down soon after. I am honestly not too worried about losing a case, I didn’t finish the download, thus never had that file on my hard drive. Maybe they have a log of how long it was downloading and at what kbs, either way 15 minutes is not a long time. I just wish not to go through any embarrassment that is all. I don’t even want them going through my isp, don’t even want a letter in the mail. Worst case scenerio they harass me, but they will never scare a penny out of me. As for everything else I have been reading, why are they not being prosecuted? Tracking everything else someone torrents theirs or not theirs, and even learning their search history? They are despicable. The amount of power we allow large companies to have is sickening. If any other average Joe tracked people like this on a mass scale I am sure they wouldn’t get away with it.

  12. Anon says:

    Update on Malibu Media, LLC v. John Does 1-49 in Illinois Northern District Court:

    The judge issued an order MEMORANDUM OPINION AND ORDER: the motions to quash, sever, dismiss, and to limit the scope of the subpoenas are denied [12, 14, 16, 20], except that Doe Defendant 1′s motion for a protective order is granted.

    Isn’t the judges order of protection a moot point since all but Doe’s 1, 34 and 35 have been dismissed?

    Can Does 1, 34 and 35 file a new motion to dismiss because joinder no longer applies since the others Doe’s have been dismissed?

  13. einmez712 says:

    I see some cases are being files in the Louisiana Eastern District. IF there are hearings I may be able to go but I’m not sure I follow this closely enough to be aware fo them before hand.

  14. AnonymousJD says:

    So I am, or my spouse rather, is a Doe Defendant in a Mass Copyright Infringement Case out of Colorado. My spouse has received a letter from the Plaintiff’s Counsel stating the following:

    September 2, 2013
    Settlement Communications
    (NAME/ADDRESS WITHHELD)

    Dear (NAME WITHHELD)

    I am the legal counsel for COMPANY NAME WITHHELD, the Plaintiff in the above-referenced case. COMPANY NAME WITHHELD is the owner of the copyright to the acclaimed motion picture MOVIE TITLE WITHHELD.

    As you may also know from previous communications, your Internet Service Provider has identified you as the subscriber to an Internet Protocol (IP) Address that has been detected as infringing my client’s copyright. In order to resolve the claims brought by my client in this litigation as they pertain to your subscription to the infringing IP Address, I request that you, or, should you retain legal counsel, your legal counsel, contact me within ten (10) days of the date of this letter.

    Sincerely,
    ATTORNEY NAME WITHHELD

    We filed a MTQ but were given an extension as it was improper so we filed an appropriate MPA and a separate MTQ. I have corresponded with my ISP and their Senior Security Specialist has assured me that he/they have not released my PII. I was also careful not include my PII in the documents I filed with the court and served to the Plaintiff.

    It seems that the time and effort that I have put into the Motions we filed have gone to shit as they now have our contact information. I am currently working abroad and my spouse is handling college and 2 children, one of which is a special needs child. I can’t make this simply “go away” as I feel I am about to file Bankruptcy (if I even have enough funds for the credit counseling classes and filing fees required for that).

    As far as this letter goes what should we do? Should we respond and possibly implicate ourselves in any wrong doing that occurred without our knowledge? Or should we ignore the letter and still be implicated as silence is commonly interpreted as guilt?

    • DieTrollDie says:

      Sorry to hear this. Yes, MTQ subpoenas are often unsuccessful. As I don’t know who the Plaintiff OR Troll is, It is hard to give you any details of what possibly to expect. If you want to, please email me at doerayme2011@hotmail.com. Malibu Media is the only one we have seen in CO that has actually served a defendant with a summons/complaint (Past – some time ago – don’t know of any recent instances). The other Plaintiff’s that have filed mass-Doe cases this year in CO, have yet to name/serve anyone yet. As these cases were never designed to go to trial, I would recommend waiting it out. I would only hire an attorney if I was served a summons/complaint. If you cannot deal with the Troll contacting you, you can try to hire an attorney as a shield (will not settle & only acts to accept contact from the Troll). AGAIN, NO BT copyright infringement cases have gone to a full trial since this started in 2010. The PA Bellwether trail is an exception and ONLY happened because the judge forced the issue. Malibu Media has yet to go back for a second trial – and I doubt they will unless they have a rock-solid case and great evidence. What we have had for these cases is some people settle, some don’t, a very small number are served a summons/complaint, and some people do not respond to the summons/complaint. For those that don’t respond to the complaint, a small number of default judgement have been issued.

      DTD :)

  15. tomtom says:

    i’m in md and just received a copy of the subpoena to comcast for my personal info. how can i tell if i’m part of a mass case or if they’ve just targeted me?

    • DieTrollDie says:

      COMCAST should have also provided you a copy of the subpoena that lists the specific case # and title (Plaintiff v. Does 1-XX, Doe #1, or IP address 192.168.23.22, etc.). Go to RFC Express and search for Copyright cases in the MD jurisdiction for that specific Plaintiff. Getting a PACER account and monitoring the case is the best method IMO. Also use Firefox with the RECAP plugin to share the documents you access.

      DTD :)

  16. MyIPIsNotMe says:

    1. Should I include exculpatory evidence in my reply to trolls and if so how exactly is that done technically? By adding exhibits to my answer?

    2.What information should I be asking from the trolls if we get to discovery phase? What will hurt them the most and reveal the stuff they want to hide the most?

  17. AnUnfortunateDoe says:

    Hello, your site is very informative and I want to thank you for the resource. If possible I’d love your opinion here: Got a subpoena from (Redacted Troll Name) in XX. At the alleged time of download, I didn’t reside at the current address (also the address the subpoena was mailed to.), nor is the IP listed my IP. Do I file a Motion to Quash/sever due to my innocence, or just stand pat and do nothing? I have no money to retain an attorney.

    Thank you.

  18. Doe_223 says:

    Hi All,
    As the forum mentioned there is a new troll on the market for the movie “Killer Joe”. I have received a note from my ISP that they have been subpoenaed and they will release my information to them if I don’t take any action. As everyone getting these kind of letters will be freaked out, I too got freaked out. Then I started the research and got some good information on these forums online about copyright trolls. I would be grateful if someone can shed some light on the questions that I have. 1) I have not downloaded this movie and I have never received any DMCA notices from my ISP stating any illegal activity going on my IP address. Should that make any difference in my case? 2) I was unhappy with the speed I was getting and I suspected some problem and I cancelled the account in the same month when the hit on the movie is in question. Can I bring this point if I receive any calls from plaintiffs? 3) The motion is looking for $150,000 + charges for this one download! I was reading on this forum and found that if the download is 90 days after the release of the movie, they can not claim for statutory charges and only actual damages. Is my assessment correct? As the movie was released July 27, 2012, released on DVD Dec 21, 2012 and hit shows Jan first week timeframe for download. I am still weighing my options of doing MTQ or wait and watch. Any help on this will be greatly appreciated.

  19. doe21 says:

    I received a legal notice from my isp yesterday regarding the TCYK. It came as quite a shock and has left me feeling very confused. I had never even heard of this movie before receiving this letter. It says my name, address, telephone number, and IP log will be given to “the troll”. What exactly is an IP log? A list of all websites I’ve visited? Thanks so much for all your help. Trying to decide what my next course of action will be.

  20. anynomouse49 says:

    What do you guys think of development of case below in Maryland?
    Malibu Media, LLC v. John Does 1-34
    https://www.rfcexpress.com/lawsuits/copyright-lawsuits/maryland-district-court/94394/malibu-media-llc-v-john-does-1-34/summary/

  21. ? says:

    I’ve been avoiding a troll since march,is it safe to say I won’t be getting a subpoena?

  22. MH says:

    what are the chances of settling a case, and then being involved in another separate case? what are the active troller companies out there?

  23. notalent says:

    I received a letter from my ISP recently. After reading everything on this site and contacting a lawyer listed here, I am beginning to see that low budget, low rated films seem to make most of their money through this type of litigation. The movie I am accused of downloading didn’t even make it to the theaters! I had to look it up.

    Is it possible that the untalented movie makers are purposely making crappy films just to make money off the people who eventually download them? I haven’t seen any top rated movies listed on this site at all. They make their money the old fashioned way – with good ideas, good writing, good talent not to mention being shown in theaters!

    I know this seems quite snarky, but I am very serious. No response necessary, I believe what I believe.

    Thank you very much for this site and all the hard work you’ve put into it.

    • DieTrollDie says:

      I don’t know the financial particulars of these otherwise low-budget movies, but for a majority of them, copyright trolling is not the answer. I think some of the production/distribution companies that support these film makers producers are key to this. I would not doubt that there is some sort of deals with the movie makers – i.e. you let us sue copyright infringers for cash and we fund your movie. Was the ISP notice for a law suit or just a DMCA-like settlement email?

      DTD :)

  24. WhyUTroll says:

    Trolls are now coming after people streaming videos.

    Do You Watch Porn? You Might Get Billed For Copyright Fees

  25. I’d like to suggest people campaign for copyright troll reform. Patent reform is active in Congress because corporations can afford to hire lobbyists to let them know its a problem. What about you?

    To find your representative go to http://www.house.gov/ and type in your zip code in the upper right hand corner. To find your senator go to http://www.senate.gov/general/contact_information/senators_cfm.cfm and click on the pull down for State and find your state.

    One other suggestion is to start a petition such as at Change.org http://www.change.org/petition

  26. anonjohn says:

    Good Afternoon Everyone,

    I am now officially a John. I have received a notice from my ISP that my records are being subpeoned by Malibu Media.

    Looking at the complaint itself, this paragraph stands out.

    ” IPP Limited downloaded from Defendant one of more bits of each file hash
    listed on Exhibit A. IPP Limited further downloaded a full copy of each file hash from
    the BitTorrent file distribution network and confirmed through independent calculation
    that the file hash matched what is listed on Exhibit A. IPP Limited then verified that the
    digital media file correlating to each file hash listed on Exhibit A contained a copy of a
    movie which is identical (or alternatively, strikingly similar or substantially similar) to the
    movie associated with that file hash on Exhibit A. At no time did IPP Limited upload
    Plaintiff’s copyrighted content to any other BitTorrent user. ”

    I come to two conclusions:
    A. IPP is either seeding the torrents themselves.
    B. IPP is uploading/downloading the copyrighted content.

    Although the bottom of the paragraph states they did not. It is impossible to not upload content to any other BitTorrent user when downloading. The protocol is intended to do just that as far as I am aware.

    How are they able to sue for copyright infrigement when they are either providing the content themselves/via 3rd party or distrubuting the content from an existing torrent.

    Can anyone explain?

    • DieTrollDie says:

      They use a special version of BT that does not upload. If you look through the PA Bellwether trial transcript, you may find some more details from IPP personnel. Until someone provides details of MM uploading/ seeding the movie, it is just a theory. Also you don’t have to provide a great amount of info in a complaint. The court figures the full details will come out in a trial. Too bad for a majority cases, they will avoid a trial if possible.

      DTD :)

  27. Worried says:

    Hi,

    I’m just curious, how long does it usually take to receive a notice from your ISP that someone is seeking legal action against you?

    I started downloading something, then got to thinking it was a bad idea, cancelled it, deleted the torrent and uninstalled my torrent program, and now I’m paranoid that one mistake will end up costing me big time. So, basically, I’m wondering how long it will take to see if I’m in the clear or not…

    Thanks!

    • DieTrollDie says:

      Well, it first depends on how long the BT monitoring goes on for. That could range from 1 months to 6 months – but depends on how long the trolls wants to watch. Then a case has to be filed and early discovery has to be requested. The time for this can be as little as a couple weeks to a month plus. Once early discovery is granted, the Troll will send the ISP the subpoena. So, anything after 1.5 months (approx.) it is possible.

      DTD :)

  28. senatormccarthy says:

    of course MM uploaded the ‘movies’ themselves. no one else would bother with this shit.

  29. anonjohn says:

    Some more digging today. After reading a blog of Atty. Overhauser I was curious.

    WI:
    Private Detective

    General Description
    License required for a person to perform as a private detective as follows: 1. A person who acts as, uses the title or otherwise represents that the person is a private detective, private investigator or special investigator. 2. A person engaged for compensation or other consideration on behalf of another, in investigating or otherwise obtaining or furnishing information relating to any of the following: a) crimes or wrongs done or threatened against The United States, any state or, territory, or any political subdivision thereof. b) the identity, conduct, business, honesty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation or character of any person, if such information is obtained in secret, without the knowledge of the subject c) the location, disposition or recovery of lost or stolen property d) the cause or responsibility for fires, libels, losses, accidents, damage, injury or death e) securing evidence to be used before any court, board, officer, or investigating committee 3) A person who acts as a private security person and does not wear a uniform, including one who provides personal protection of individuals from bodily harm or death.

    CO:

    Required

    IL:
    Required

    If IPP doesn’t hold licenses in all states where complaints are being filed shouldn’t all of these cases be dismissed?

  30. a curious person says:

    Hi everyone,
    I was just wondering what ways does Malibu Media monitor the downloads of its content. I’m assuming it’s mostly from torrents but do they check other methods of downloading? Thank you!

    • me says:

      Having dealt and researched this, there are only a few ways to do this. NOTE: It looks like IPP is actually, or very closely related, go Guardely, a company who’s methods have been proven to be inaccurate.

      There are a couple ways to do this. 1) have a deal with a particular tracker host who turns over request links to things, 2) Monitor a tracker sites activity for specific requests, 3) modify an application like VUZE to store P2P connections of torrents they join or participate in. It can be modified to not send but it may require the software constantly announce itself as NEW to the torrent in order to get the data of others. This would result in a VERY busy connection.

      Malibu does this “enhnaced” technique which tells me they are likely monitoring a tracker directly or, after getting an IP, they monitor your connection specifically.

      In any case, this likely falls under private investigation rules and you should check to see if at the local/federal level if they are allowed to do so. Remember in federal cases, if there is a LOCAL district law/rule for which there is no federal rule, that local rule may be used. I do not know if a P.I. has to be registered federally, but likely LOCAL rules apply and they would have to be licensed by the state to conduct investigations legally.

      Malibu has not, even in the now famous “BELL” case, truly provided anything. Rumors have it from a radio personality that Malibu only gets 10% of everything and even their attorneys slipped and stated that IPP gets a % of everything, not flat rate for services.

      Monitoring a tracker or IP address would be quite simple to do, anyone could do it, and would go far to explain how they get their “enhanced” information. I seriously doubt they are connected to every torrent out there, this would be a HUGE amount of data on their networks even if they don’t store it. Additionally, it’s not difficult to monitor changes from the main page of a torrent site to a sub page. They could just as easily be monitoring piratebay for any IP VIEWING the torrent information.

      If you are going to do this, look for a package posting out there. Someone made a video with instructions on using software like truecrypt, et al., to completely hide the activity online and not leave any local traces. You will have to get used to the command line though. The scripts this guy wrote are simple, check that your VPN is connected and giving you a different IP, and gets things moving. One note on using VPN. MOST of them, if you lose the VPN connection, will let your IP through. Better to use a VPN software that turns off your internet if the connection to the VPN is lost.

  31. me says:

    All,

    Listening to the bellweather (sp) audio, Malibu states that they are the ones who find the torrent and then they contact IPP with information on this torrent, and then they download to verify.

    Looking at this, how the hell are they keeping up with this? I know they only have a few hundred movies but there seems to be thousands of torrents out there that are released right away or sometimes days before they publicly release it. Do they have an army of people checking these? How could they POSSIBLY find torrents for their own materials BEFORE they even release said material publicly? Many of their HITS are prior to public release and according to their own testimony/evidence. If Colette checks these as she states, she must be very busy… but wait, she sits and TWEETS all day long every day from what I’ve been able to tell… How is this all possible?

    Just more things that make you say hmmmm

  32. gary says:

    So if you have comcast, and you downloaded a tracked torrent from one of these copyright trolls…would you be given one of those threatening emails or would you be sent an email by comcast about strike 1/2?

  33. Does says:

    You have any information on the status of some of these reFX Audio Software Inc. v Does cases?

    • DieTrollDie says:

      Best thing to do is get a PACER account and use the RECAP plug-in on FireFox to access the case docket/documents. As long as you don’t download more than $10 a quarter, it is free. if you don’t understand parts of the docket/case. post a question.

      DTD :)

  34. qwerty says:

    Hi. My college forwarded me an email from CEG about copyright infringement regarding two pornographic videos. It has the typical format and signed by Ira M. Siegel. In a state of panic when i received the email i logged in to copyrightsettlements.com to see the settlement cost from a different computer that was not tied to the infringing content. After that i started doing a lot of research regarding this company and read many shady things about them. “Copyright Trolls” I am stressed out and i don’t know what to do. I am tempted to pay them just to get it over with but the general consensus on the internet is to ignore them. I have heard stories that even after people paid they were being harassed because CEG had their information. At the same time i don’t want this escalating any further. Since i am a student i can’t really hire a lawyer to settle this anonymously for me, however i came up with a different plan. If i used a pre-paid visa card that i can register to a fake name and wrong address, could i use that to pay them without giving them my real info. Any advice would be helpful.

    • DieTrollDie says:

      Here is the best advice. Make sure the activity on your network stops and move on with your life. Done. If you want to feel better, donate $250 to a good charity and chalk this up to a learning experience. How about becoming an EFF member???

      DTD :)

  35. wolf says:

    Hi Dietrolldie,
    I received a notice from my isp today, a small out of the way isp, with 9 letters from RightsCorp/Christopher Sabec, asking for 20 dollars per. They were dated Jan 23. I, as many others, stupidly did not have my router passworded, but that is beside the point. I have tho, disconnected the router to ensure no one can download off it. What is your advice about the letter…ignore it and move on, or pay it? If there is absolutely no more downloading, what is the chance of a lawsuit? Also, as I disconnected router this morning after receiving them, what if someone had downloaded something since the 23rd? thanks.

    • DieTrollDie says:

      I have not heard of Rightscorp actually opening up cases on people. I think they figure it is cheap and easier to simply ask for $20 per infringement. See this article – http://torrentlawyer.wordpress.com/tag/rightscorp/

      I would recommend you document everything just in you need it later. Memory fades and it is good to write it all down. Document that your router was open and as soon as you got the letters you secured it with a new password and made sure nobody was using it. Ignore the letters and move on. If by chance something else was downloaded/shared over your Internet connection, you may need this information. I really doubt it, but better to be safe. Don’t let anyone tell you that you are responsible be cause your Internet connection was open – that is pure BS.

      DTD :)

  36. wolf says:

    Thanks so much DTD! Have a great day!

  37. Yooo says:

    So, I just received a letter in the mail (not e-mail) from my ISP informing me of alleged copyright infringement. Enclosed with it are 10 letters from Rightscorp, Inc. on behalf of BMG Rights Management, basically telling me I need to pay $20 per infringement. Obviously I’m a little freaked out and I have no idea what I should do.

    First of all, how scared should I be right now?
    Should I just pay the $200? I’ve read that this could end up only making things worse.
    Does the fact that this came to me in the mail make it any worse than those who got it via email (although it was through my ISP)?
    What has happened to others who have received these letters from Rightscorp/BMG when they paid? What about when they ignored it?
    If I do choose to ignore it, will I have another chance to take the settlement if they decide to pursue this further?

    • DieTrollDie says:

      You got the letter in the mail through your ISP? Interesting. My opinion is the same. Ignore, stop the activity from happening on your Internet connection (resecure it- new password), and move on. There is always more time to settle IF (highly doubtful you will have to) it comes to it. There is no history of these guys opening up cases. Learn from this and move on.

      DTD :)

  38. retrospectro says:

    What if I’ve already payed them once but they’ve contacted me about more? Have I incriminated myself?

  39. confusedanduneasy says:

    Hi DTD, I recently got a bunch notices from my internet provider that are from CEG TEK claiming I have had copyright infringement violations–many of those notices overlap on the same movie. Some of the earlier notices dates back to December of last year and the settlement date has been long gone since but I didn’t receive ANY notices from my internet provider until yesterday. I am not sure what to do at this point, I did log on to see my case profiles, and the ones that’s passed the settlement dates are still there “available to be paid”. I also called and spoke with an receptionist from CEG and they have my name and phone number but a specialist haven’t call me back.

    The total copyright infringement claim is more than a few thousand, (250 per notices, many of which about the same movie) and I definitely don’t have that kind of money lying around. Please provide any advice you have on the matter.

    Thanks

    • DieTrollDie says:

      No change in my standard advice. Don’t pay – make sure the activity stops on your network, resecure the WiFi Internet connection (new password), and move on with your life. I would consider myself lucky it was only CEG-TEK and not Malibu Media. AND of course it is “available to be paid.” They want the money. There is no reports of CEG-TEK actually taking people to trial. They would first need to open a real case in your jurisdiction and then request early discovery for a subpoena. They don’t want to do this – it is not in their business model of requesting a fast payment of $250 per alleged infringement.

      DTD :)

  40. AnonymousJohnDoe233 says:

    Is there a way to tell which companies are still sending out letters? Someone I know may have allegedly downloaded a movie from one of them and I’m worried that my internet connection will be associated with it. Definitely don’t want any letters coming in the mail.

  41. AnonUserJohnDoe says:

    Hi DTD, I just received a DMCA notice from CEG TEK. Through my research I am led to believe these guys are total copyright trolls. My question is in regards to the website. I had no idea what was going on (never received something like this) and I logged into the site with the username/password it gave me. At no time did I enter any personal information, but has this harmed me in any way? My choice is to just ignore it and I have gone the lengths to educate users here and I have changed my router password. Wise move or no?

  42. Anonymous says:

    I got an email from ISP with DMCA notice from CEG and Ira Siegel. I am inclined to ignore it, however what worries me is that my location is also in Southern California, where they are based. DTD, your advice is always to ignore, but being that I’m in their jurisdiction, should this be cause for concern and should I seek legal defense if so?

    • Nikolai says:

      This is something I would like to hear answered as well
      Why are you so confident that they will leave us alone when we decide to ignore.
      even though we have been somewhat compromised?

      • DieTrollDie says:

        Because the history of CEG shows it. NO real cases filed and NO subpoenas issued for ISP subscribers info. Period. The business model is for no cases to filed (they cost $400 to file) and settlements to be quickly made for only $250.

        DTD :)

  43. Nikolai says:

    My school received an email from CEG and sent it to my roommate. His immediate response was to contact both the school as well as the email provided in the CEG scare letter.
    What are my chances of ignoring it and it going away. They have my roommate’s name and email, they also know what college I go to.
    should I just come clean and pay the $250? Consulting or hiring a lawyer would cost more than the fine I believe

    • Nikolai says:

      To clarify, my roommate is innocent.

      Another thing to add is I clicked on the links provided in the email, put the Case# and PW in to see what I’m being charged with, I did this with the same computer on the same router. does this affect my odds?

    • DieTrollDie says:

      There is no case and these guys (CEG ) do not sue people. They threaten to sue only. Make sure the activity stops. Period. You could be facing a real Troll. Consider yourself lucky. Learn and move on.

      DTD :)

      • Nikolai says:

        Thank you for the quick reply, i love your site, it was the motherload of information
        I am definitely doing a 180 and never doing this activity ever again.
        When you say real Troll, meaning this could escalate?

        I want to sigh and say it’s all over, but I have some eerie feeling something may come back up.
        Reasons:
        -my roommate replied to them they have his name and email
        -I clicked on the copyright settlements site with the same computer and same IP address

  44. TheDoestDoeShmoDoe says:

    Say my sister, the person who pays the ISP bill has a learning disability. Could I use the ProSe template to file a response on her behalf? Or would that kind of ruin the whole point of using that.. If IT would be okay, Would I have to mention that I am filing it on her behalf?

    • DieTrollDie says:

      If the case is against her, she has to be the one to sign it and send to the court and Troll. Is she disabled or has learning disabilities?

      DTD :)

    • DieTrollDie says:

      You can assist her in doing this, but it truly has to be her understanding what is going on and agrees to your help.

      DTD :)

      • TheDoestDoeShmoDoe says:

        She just has a learning disability. She kind of gets the gist of what’s going on but it’s at a much lower level…and I’m sure she’ll be more than okay with me filing it for her. I appreciate everything you do and am very thankful for all the help this site has been giving me during this ridiculous process. You’re doing the general public a good service. Thank you.

      • Doeses says:

        You mail one to the court and one to troll’s firm? Or just one to the court and one to hold onto? Not sure I’m understanding it correctly.

      • DieTrollDie says:

        Sign and date the original and make TWO copies. Original mailed to the court – 1st copy to the Troll – 2nd copy for your records.

        DTD :)

      • Doeses says:

        So I have two copies. I mail one to the court and keep the other one. Anything else that should be included? Just the answer is fine? Just got home from work and I’m on absolutely no sleep and I want to get this done before I go to bed. Sorry If I’m being bothersome I just wanna make sure I do it right.

      • DieTrollDie says:

        I like to send the court the original and a copy to the Troll. Second copy for your records.
        DTD :)

      • Doeses says:

        Ah so I’m only mailing the original to the court. I don’t know why this was so hard for me to grasp. Thanks for the patience. Zzz’s are coming.

  45. Anonymoose says:

    if I hotkey delete the file in utorrent, then delete the actual file on my computer, then uninstall all parts of utorrent

    will the file stop seeding? will all seeding activity from me stop?

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