Settlement Demand Letter – TaylorMadeClips – Mark Borghese

Feb 2015 Update

Since I last wrote about TaylorMadeClips and Mark Borghese, I started to get emails from people who were receiving a new batch of settlement demand letters.  The letters started to come out in January – February 2015.  Note: I will post some redacted examples soon.   TMC_Borghese_Ltr_Feb15  TMC_Borghese_Ltr1_Jan15  TMC_Borghese_Ltr2_Jan15  TMC_Borghese_Ltr3_Jan15  TMC_Borghese_Ltr4_Jan15

The settlement demand letters were signed by Mark Borghese (for TMC) and demanded at least $750+ per movie.  I saw a couple of settlement demands for $20K+.

On 11 Feb 15, TorrentFreak reported (http://torrentfreak.com/torrent-site-copyright-troll-had-staff-access-to-member-data-150211/) “Copyright Troll Had Staff Access To Member Data.”  Please see the TF article for details.  What appears to have happened is somehow TMC/Borghese obtained the User Name/Password for one of the Empornium.me moderators.  With this access, the unauthorized intruder was able to exfiltrate data concerning people who accessed various torrents of TMC movies, to include the email address associated with the Empornium.me account.  Then what appears is Borghese (or others) conducted Internet searches on the emails address/user names and was able to locate some names mailing addresses associated with the emails.  He then sent out the demand letters to the email addresses and physical addresses.

Once TF broke the story, Mark Borghese decided to respond to the article and stated the following.

“My clients handle policing copyright infringement of their videos. My firm only gets involved later if they want to take some type of legal action. These are a small businesses and most of the time they do not want to go through the expense of hiring a lawyer,” Borghese told TF

“The statement from Empornium says that the site was not hacked. Apparently whatever the accused admin[mod] may have done was not done with the approval of the entire Empornium staff. Maybe there is a split among the Empornium admins regarding copyright infringement. It’s a bit of mixed message as the official Empornium statement recommends its users not commit copyright infringement.”

You can see in his responses there is NO denial that he used the exfiltrated information.  Not a big surprise.  His last paragraph is the interesting bit, as it seems like he is saying that a staff member at Empornium may have had a change of heart when it comes to copyright infringement and decided to disclose the TMC torrent information.   What is sounds like is the moderator either voluntarily sold TMC/Borghese the information OR TMC/Borghese was threatening to sue this person for copyright infringement unless they disclosed the internal data.   Sounds like a Prenda-like move that could back-fire.

Bottom-line: If you received any of the letters, ignore them, send me a copy, and move on with your life.  I believe the chance that TMC/Borghese would file real copyright infringement cases based off of the exfiltrated data is very very slight.  Even if he is foolish enough to do this in a NV court, most of the recipients I have seen do NOT reside in the NV jurisdiction.  The three previously filed cases by TMC/Borghese suffer from this fault.

I will also state that I in no way condone copyright infringement and suggest that if you are doing it, to please stop.

DTD 🙂

————————————————-

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

cat1What I can surmise from the letter is that a movie owned by “TaylorMadeClips,” was placed on a file hosting site and then a post was made to a Web site with a link to the movie.

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, staff@taylormadeclips.com.

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 TaylorMadeClipsNote: 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.

DieTrollDie 🙂

About DieTrollDie

I'm one of the many 'John Does' (200,000+ & growing in the US) who Copyright Trolls have threatened with a civil law suit unless they are paid off. What is a Copyright Troll? Check out the Electronic Frontier Foundation link - http://www.eff.org/issues/copyright-trolls
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85 Responses to Settlement Demand Letter – TaylorMadeClips – Mark Borghese

  1. Rob Cashman says:

    You can always tell the bad lawyers from the good ones. The bad lawyers FORGET that the world doesn’t speak “le·gal·ese,” and so they say dumb things such as “we will depose all members of your family” without taking the stick out to realize that most people don’t understand what it means to depose someone. Ugh. Another copyright troll.

  2. that anonymous coward says:

    Arts and Sciences…. yep yep nothing to see here…
    o_O

    He is a thought for anyone who is a customer of TaylorMadeClips.
    If your copy of one of the files is taken from you and ends up online, they are going to sue you.
    They are going to demand thousands and threaten to tell the world you like their “fine” works.
    Still want to be their customer?

    He is a thought for anyone who is considering becoming a customer of TaylorMadeClips.
    If your not a customer, would knowing they have no problem using your interests to seek thousands of dollars when you might have not done anything yourself make you think twice about signing up?

    I would expect that TaylorMadeClips is in financial difficulty, and its is possible they will end up out of business.
    These are things to consider when picking a porn studio.
    Due they sue customers?
    Are they willing to reveal the subject matter to the public to ensure your compliance with demands for cash?

    I swear, there was this asshole of a guy with a trendy avatar who said burning your own brand down was stupid, some people never listen.

    • Travis says:

      100% agree. I believe a lot of the studios at Clips4sale are shady & I would stay far away from them. I have heard something about Missa X Production (Miss Missa X) doing the same as TaylorMadeClips, they are also on clips4sale web site.

  3. DownloadingNow says:

    Found this article because I got a similar letter but this seems to be a very different situation then normal copyright trolling. The letter this article refers to(as did the one i got) was sent to the uploader of the file(which i was too) and they knew his name without a subpoena or any “John Doe lawsuit” being filed. I thought copyright trolling included John Does and lawsuits that ask for hundreds if not thousands of IP addresses to be turned into real information through subpoenas that clog up the courts so greedy law firms can blackmail guys who happened to download a porn movie from the wrong company. This situation is a copyright holder contacting the person who uploaded their files to a filehosting site and then posted the links for many others to download. Copyright Trolls never go after the uploader or they would be out of business. How did they know his name? In my case I was stupid, oh so stupid, and I posted the file under a username they could trace right back to me so i assume that might be what this guy did(thanks btw I feel better not being the only jackass). So some advice is to not upload and share stuff under a username that can be used to find your real name. 🙂 I am not sure what i am going to do about the letter yet but I am at least paying a consultation fee with a lawyer and asking his advice.

  4. Dazed and confused says:

    Anyone gotten any more information on how these turned out for the people posting about being contacted?

  5. Scarflad says:

    Just received an email from our buddy Mark. The letter is the same pretty much word for word as the one listed above. Any word on how this John Doe turned out?

  6. Doe says:

    I just received a similar email from him as well. TaylorMadeClips must be desperate for money.

  7. DoeTo says:

    I also received one today — Mark has been busy.
    Can I send a copy to you also, so you can compare to Scarflad’s?

  8. WTFMate says:

    Interested on the follow-up here as well.

  9. Doe says:

    I also just received this email today. I’ve been reading all over online but I’m afraid my nerves still get the best of me. Should I not worry?

    • DieTrollDie says:

      Here are my suggestions. 1) If you are sharing out these movies, stop it, and remove any/all content.
      ; 2) Do not reply to the Troll; 3) Don’t start up again.

      They have only filed three REAL Copyright Infringement cases in the NV court. I believe ALL three of the Defendants did not live or work in NV – I know Two of them lived in CA. BUT that did not stop the Troll from filing the cases and making the weak ass claim to the court that because the files were available to people in NV, that the jurisdiction was good. Total Bullshit in my opinion. For the three they did file against, one was dismissed (unk reason), one was dismissed after a settlement (assume a couple thousand paid to the Troll), and the last one defaulted. I don’t know what (if any) judgment was awarded to the Plaintiff. So it looks like the Troll will file some cases, but I doubt on all of the people – no promises on that.

      DTD 🙂

      • HelpfulDoe says:

        According to a quick lookup, the defaulted defendant case has a permanent injunction awarding $41,250 to the plaintiffs as of 1/26/2015.

    • DieTrollDie says:

      Another thing for all these affected people. It is possible that TMC is marking each download with a hidden code which allows them to determine who paid for the download. They then look at their records and send the settlement demand letters to the people who purchased videos.

      DTD 🙂

  10. NYCUser says:

    I’m curious if any who got hit with this letter got this letter by accident bc the username used in uploading to filesharing/torrenting or reseeding on a private tracker if searched on in google was tracked to you in a way but not with anything that had to do with filesharing or torrenting. i’m curious how sloppy this guy is in who he whacks with his letters. trying to figure out his methodology.

  11. Doe says:

    Just got the exact same letter today, and have no idea what to do.

    • NYCUser says:

      what site today? I’m speaking to a lawyer tmw. i’ll post here the result.

      • NYCUser says:

        sry meant what site die he list?

      • Doe says:

        empornium

      • NYCUser says:

        if you search for the username in the letter in google for instance do any of the search results point to you? i think that’s how he associated this with me bc the username is identical to a username i had used for a couple of professional sites. bad luck on my part that the username which i didn’t think would be used by anyone else especially for this. I’m going to talk to a lawyer tmw but i’ll ask on your behalf.

      • Doe says:

        Thanks, I appreciate that, I work full time and I don’t think I would have time to speak to a lawyer. and yea, I used the same username for a number of site that had my name on it. That’s probably the thing that bothers me the most is that they have my real name and address. I still don’t even understand fully how they got all the information

      • NYCUser says:

        once they have your name should be simple enough to track. extremely easy in my case my name is unique in the US.

      • NYCUser says:

        engaged a lawyer. he sent a letter back asking for proof. the more i think about this the more this has to be he found a list of usernames and then just tried google searches on each to see if a name popped back. he didn’t bother to check if any of the hits connect actual evidence piracy of any kind to a real name. crazy bad luck on my part. talk to the jonathan philllips guy in the link on this blog he seems to know alot about this guy.

  12. Doe says:

    yea, this really looks like one of those things where you are screwed if you do and you’re screwed if you don’t

  13. John says:

    I got an email too! Seems to be a lot of us. Anyone heard of any results from this? Never even subpoenaed my ISP. Has my name but not my address, I dunno whos address they have

    • DieTrollDie says:

      It appears they are monitoring Empornium.me (private BT tracker) for Users who post links to torrents. I assume they are then searching the Internet for the “User” names in an attempt to find out who they are. If this is what they are doing, the error rate is bound to be high. As well as posting a link to a torrent is not evidence that a person was the uploader.

      DTD 🙂

  14. Masta Batang Dollar Billz says:

    Haha, got mine as well. If only we weren’t afraid of going public with having downloaded porn so we could file a class action lawsuit since it’s obviously a legal scam. Like pouring a glass of champagne and edging it to people then waiting for someone to take a sip so they can go “that’ll be 10 grand.” Checked his LinkedIn as well, he went straight from law school to private practice. Shady as hell. I replied to him, however, because the settlement demand listed repercussions if there wasn’t a response in 14 days. We’ve since been having an email battle in which we try to school eachother with legalese. Starting to think I should’ve went to law school because I think he doesn’t seem to really know his copyright law.

    • NYCUser says:

      masta what state are you in?
      did he claim you were a specfic user on empornium and searching that username on google somehow point back to you?

      • Challah Bread says:

        Ugh, forgot my username was that from way back. Anyway, Oregon. The address on the letter he sent, however, was for an old address in even another state. It’ll be a while before he crawls to where I’m at. As for the username, that’ll definitely get back to me. I’m not too worried because a username on a website is proof but my real identity isn’t connected to the files in question. I mean, after all, LOTS of people use my computer ALL the time. I intend on stretching this for as long as possible. Mark Borghese wrote to me earlier but I’m letting my draft response stew for a day. I also wrote to some Anonymous goons and a Peoria lawyer that does consultations for people Borghese threatens.

      • NYCUser says:

        Appreciate it thank you. i’m consulting a couple of lawyers before i respond will give this one a call too.

  15. Doe says:

    It seems out little problem has finally hit empornium’s forums
    most of the people there say its bullshit and should just ignore it

    • DieTrollDie says:

      Well, just remember that last year they did file 3 cases in NV, for out of State Defendants. One settled, one def as ulted, and another was dismissed (unk reason). Be careful.

      DTD 🙂

  16. Doe12 says:

    Any update from those who have spoken with professional legal representation?

  17. jdoeworried says:

    I recieved an email this week as well. I thought it was a scam and erased it. I never received any notice from my ISP and real lawyers usually do business via snail mail not email.I decided to do a search (just to be safe) and found this thread. Unfortunately, before I did I had cleaned my computer ( ran a canned privacy program and malwarebytes) as I thought I was hacked. I had a browser hijack software issue the same night.

    I do have an account on empornium but never downloaded any of the files they are claiming (some pretty vile stuff). They are asking for thousands but provided no evidence just the same form letter with my handle on empornium.

    I did notice they are not licensed to practice law in my state. Does anyone have any info on how to contest and have it moved to my state if they file in Nevada? I haven’t gotten anything but an email, but I am trying to get my ducks in a row now. I figure if they have to come here it won’t be worth the trolls time.

    Also, how do i check to make certain the videos in question are copyrighted by this company and that this guy has the right to pursue this? I once got a zombie debt notice from a law firm that did not even have rights to the debt and want to make sure this isn’t the same case.

    • DieTrollDie says:

      There is no case filed in any court at this time. May never be filed either. Watch RFC Express for cases. If one is filed, you can motion to dismiss for improper jurisdiction like a guy in CA did. As far as checking on copyrights, check the US Copyright Web site search page. TMC copyrights most if not all movies.

      DTD 🙂

      • Doe says:

        I got a letter sent to my email and personal address, but see no case claimed in RFC Express.

      • Doe2 says:

        Should I be relieved that no case has been file. I received the same copyright infringement notification as everybody else. Is it because they’re trying to bluff me into paying the money first without filing anything or will they file at a later date?

      • DieTrollDie says:

        I think they first want people to stop sharing their movies. I would suggest stopping any sharing activity, as it might reduce the chance they will file anything. No promises.

        DTD 🙂

      • Challah Bread says:

        I think if a financial report was made on this company, we’d see a much higher profit from settlements than purchases. I don’t think they want people to stop sharing their files. I think they want people to download them so they can threaten legal action and get scare tactic money. I mean, those torrents are still online and the uploaders didn’t get any letters to cease their activity. If I cared about protecting my copyright, I’d have the files removed entirely for fear of losing that copyright. Unless I could make more money from suing people, of course. Besides, some of the people on the EMP forums have noted that the usernames mentioned could only be traced to that website – it reeks of a scam. My emails with Mark only make him seem more like a yakuza character than any of the lawyers I’ve known. The last thing he said to me was “we can’t resolve this for $0.” I’ll let him come and find me and I’ll pay for his coffee.

      • Doe says:

        I agree with Challah, it does seem to be the case. Unfortunately for me, I stupidly included an email on the empornium account.

        I really don’t want any litigation to be put through but I will go to a lawyer if need be. I’m just wondering if it’ll be more taxing on him to try to bring this case to fruition in a state that’s across the country from his location. Hopefully it’ll mean that he won’t even bother filing it and is just trying to get money through scare tactics.

      • DieTrollDie says:

        If TMC/Borghese does file in NV, you can send the NV court a Motion to dismiss because of improper jurisdiction. You simply tell the court that you do not live or conduct business in the State and it would be a huge financial burden to try to defend yourself from hundreds of miles away.

        DTD 🙂

  18. jdoeworried says:

    Thanks..

  19. Joedontknow says:

    So to my surprise i just revived this same letter, has anyone just ignored this?? seems like people have been getting them for few months now, and i haven’t seen any replies of anyone saying what has been thew outcome.

    • DieTrollDie says:

      The current letters have been going on since Dec 2014. The previous 3 real cases started in Jul 2014.

      DTD 🙂

      • jdoeworried says:

        If anyone gets what evidence they are claiming could they please let us know? I have to believe whatever it is will be tenuous at best as in my case my ISP hasn’t been contacted although they got my name, address and handle.

        I will call a lawyer, but I think doing that before I see if they even file might be a bit premature. My state has never had one of these type of cases according to EFF. So, I doubt he wants to have to come to court here. I don’t want to respond yet (even from a lawyer) as that would just put me on their radar.

        I’d bet their evidence is weak and I know other cases in the same circuit (different state) the judges seem openly hostile to these type of slime. I doubt the judges like extortionists any more than we do.

        I am wondering if they do plan to file will it be individually or are they waiting to get enough names to file en mass? Whatever way it goes I am definitely going to fight all the way. I am not rich but I’d rather pay a defense lawyer than a troll. It’s going to cost me the same either way and at least I can make sure the troll doesn’t make any money.

        Just putting that out there as I am sure Borghese probably has someone monitoring this thread.

  20. a john says:

    Just got one of the letters today. I am interested/worried about how this will turn out. It’s not like I have the money to pay the settlement anyway.

    • a john says:

      As a side note, how bad is it if they have your name? I see a lot of information on the site about if they only have an IP address, but I never got any contact from my isp, just straight to the letters from the lawyer.

  21. DieTrollDie says:

    Here is what Empornium.me is saying on their site.

    —————-
    We regret to inform everyone that a staff account has been compromised. As a result of this, an unauthorized third party has been able to access sensitive information on our users. In this announcement we’ll elaborate on what happened and how this affects our members.

    It was discovered that the user account of a regular (Mod) rank staff m0ember has been accessed by someone other than the staff member in question. Once this was discovered, immediate steps were taken to prevent further access to sensitive information by this account.

    The site was not “hacked”, all actions took place within the security limits imposed by our site and our database was not compromised. As such, no passwords or password hashes were obtained and the third party was not able to escalate privileges above the level of the compromised account.

    By what we discovered of their activity and reports from users we believe that the unauthorized third party may have been affiliated with TaylorMadeClips and Borghese Legal, LTD. Their intentions appear to be to use information obtained to intimidate users into financial settlements through legal scare tactics. Specifically, users who have downloaded or seeded TaylorMadeClips torrents and are within US jurisdiction appear to be targeted. The compromised account appears to have been primarily used to obtain the registered e-mail address for these users, and matched to the grabbed/snatched/peers lists of TaylorMadeClips torrents, to determine targets for threatening letters.

    We apologize sincerely to all our members for not being able to prevent this from happening. It’s our intention to be as open about this incident as possible. The rest of this announcement will answer a few questions that we anticipate many of you will have.

    How long has this been going on? How much information was actually accessed?
    We don’t know. Site logs are wiped after a short time, which ironically enough we do in order to reduce the amount of sensitive information present on our servers. Recent activity shows access and search actions connected mainly to TaylorMadeClips torrents and users with activity related to those.

    How long has this been known?
    The activity was uncovered yesterday, we have used the time since then to investigate further, brief staff, and prepare this announcement.

    How is this possible? I thought Emp had its security fairly well sorted?
    Unfortunately security is only as strong as its weakest link, and the weakest link here is the human factor. As a large site we have over 20 full staff members, and the larger a team gets, the higher the chance that someone will make a mistake affecting others. We make a point of encouraging all staff members to maintain strong passwords and keep their PC’s secure, but much of that is impossible to actually enforce.

    That being said, from analyzing what has happened it’s clear to us that there are things we could have done better to mitigate the impact of this account compromise.

    What will you do to prevent this from happening again?
    First of all, it’s impossible to completely prevent this kind of thing from happening, as also described in the previous answer. Staff need to be able to access certain information and login credentials can be compromised. Everyone on the site should always assume this sort of thing can happen.

    However, we will be taking action to greatly reduce the chances of a situation like this happening again:
    Reducing privileges of general staff and assigning individual staff members additional privileges as required on a case by case basis.
    Recording all staff activity, which will be processed automatically to look for suspicious patterns, as well as regularly investigated by a member of senior staff.
    Pushing more strongly for all staff to implement a high level of operational security.

    Should I change my password?
    Having a strong and unique password that you change on a regular basis is always recommended. However, no password information has been compromised, so if you have a strong password already there is no need to change it.

    I wish to rename/disable my account
    Please send a staff PM. We will do our best to get to everyone’s request as soon as we can.

    I have received a legal threat. What should I do?
    We are not lawyers, and we cannot give you legal advice appropriate for your specific situation. With that said:
    If you believe you are indeed involved in infringing activity, permanently cease that activity and remove all materials concerned from your system.
    We suggest you do not reply to the message. Their strategy is to send out threats in bulk in the hopes of intimidating people enough to settle for money and avoid legal action. Replying probably flags you as an interesting target.
    It’s extremely rare for these things to go to court, and even then they are rarely successful.
    Information obtained through the compromised staff account was obtained illegally and as such we don’t believe it will be useful in legal proceedings. But again we are not lawyers and cannot give you legal advice. Also keep in mind that this does not apply to torrent peer IP’s as those can be seen by anyone who is an active peer on the same torrent.
    If you are not comfortable calling their likely bluff, retain legal counsel.

    There is some relevant discussion in the comments of this DieTrollDie article.

    What can I do to prevent this sort of thing from affecting me?
    We have always advocated the use of VPN solutions and continue to do so. An anonymous VPN & e-mail make it impossible for all practical purposes to connect an online identity to your real identity.

    I have another question.
    Please ask. We will try to answer any questions people may have as honestly and accurately as possible.

  22. jdoeworried says:

    Wow. The mystery is solved. No way can they go to court now. Any halfway decent layer would rip them to shreds. The whole case is built on illegally obtained data. Then again good luck getting anyone from Empornium to say anything in court. Still don’t get how I got tagged even if they had mod access to empornium as I downloaded none of the files they claimed. First thing I did was scan all files and hidden files for the ones they note and nothing. Even did a registry search and nothing. I wonder if maybe they added code to some file that had nothing to do with TMC. Wouldn’t be surprise that they added some trojan bit of hash file they plan to use as “evidence”.

    Still something pretty wonky going on here.

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  27. jdoeworried says:

    Borghese responded at torrent freak and you can hear the smugness in his words. One thing he is missing is that when Empornium said they were not hacked they were refering to a brute force hack (computer program that tries to guess user name and password). Make no mistake they hacked the system either by figuring out the mods password from other sites or through other social engineering methods (coercision, theft, bribery, etc). Social Engineering is a form of hacking as well.

    Plus, if Borghese and TMC are unscrupulous enough to illegally access Eporniums records it isn’t a stretch to think whoever accessed the records could have created false data to implicate folks. A lot of people (myslef included) have no recollection of the files we are bieng accused of taking. I think whoever had access strictly went in and found active US accounts they could link to a home address and sent out letters regardsless of if they accessed TMC data or not. Heck, they may have added information to empornium records in an attempt to implicate people.

    Empornium is not going to come out and say if something like that happened as they don’t want to run off a bunch of users, but it is definitely a strong possibility. If nothing else any data gathered from empornium or other identified data found based on empronium records would likely be inadmissable in court.

    These guys have ticked off a whole bunch of people and when you live by the hack you die by the hack and there are a lot of people out there way better than Borghese and his clowns. Beware instant karma. (wishing I had skillz but I don’t) 😦

    • DieTrollDie says:

      Thank you for the update. I will take a look.

      DTD 🙂

    • DieTrollDie says:

      Here is an update from TorrentFreak web site – http://torrentfreak.com/torrent-site-copyright-troll-had-staff-access-to-member-data-150211/ I guess Mark Borghese decided to comment. BUT what he states in NO way is an admission OR a denial that he and TMC used the information from Empornium.me to send out the settlement demand letters with his signature on them. I will update this post and make sure to add the demand letters.

      DTD 🙂
      ——————————–

      Update: Statement from Mark Borghese, Borghese Legal, Ltd.

      “My clients handle policing copyright infringement of their videos. My firm only gets involved later if they want to take some type of legal action. These are a small businesses and most of the time they do not want to go through the expense of hiring a lawyer,” Borghese told TF

      “The statement from Empornium says that the site was not hacked. Apparently whatever the accused admin[mod] may have done was not done with the approval of the entire Empornium staff. Maybe there is a split among the Empornium admins regarding copyright infringement. It’s a bit of mixed message as the official Empornium statement recommends its users not commit copyright infringement.”

  28. Pingback: Torrent Site: Copyright Troll Had Staff Access to Member Data | skullweb.org

  29. jdoeworried says:

    No lawyer is ever going to affirm or deny anything that could be used against him. The first sentence of the statement is telling, though. He is basically setting up for the argument that the illegal activities were undertaken by the owner of the material and not Borghese. He knows he’s put himself into a position where he could be sued or possibly even disbarred if TMC decided to roll over on him in court. Then again they’d never do that would they? 😉

    The second statement is just a smokescreen trying to imply that the mod meant to provide the data. We all know this isn’t true from statements from Empornium. And yes, the site was hacked. It wasn’t a brute force hack but social enginering is hacking just the same. If I got the mods password digging through his trash that doesn’t make it legal or ethical and neither are the methods Borghese and company used.

    • DieTrollDie says:

      Well, it is possible that the Mod involved was “threatened” to give up his password. Prenda Law made an agreement with a Doe they were threatening that if he agreed to give them all the BT data of who he shared with, they would not sue him. I don’t know all the internal Empornium details – just playing Devils advocate because this has happened before. It is also possible they guessed the Mod’s password or even did some social engineering to obtain it. I agree that Borghese is shifting the blame to TMC – “TMC gave me the information and I simply drafted up the letters……” Not that I think Borghese is an above-board attorney; the three previous cases HE filed in NV, were for people who lived in CA and had NO business dealing in NV.

      DTD 🙂

  30. DataMiner says:

    I’ve seen an un-redacted copy of one of these settlement letters that was likely sourced from the empornium data breach. I did an search on the public US copyright data base and I’m not seeing any hits for these titles. I suspect that the films listed are older productions for which TMC has not renewed the copyright. Who’d thunk, right? Threatening legal action on material that isn’t even actually copyrighted any more!

  31. jdworried says:

    I you haven’t already you need to go to that fetish website Pirate posted and save a copy of the conversation. The “Co-owner” is basically going into great detail as to their process. He also said they had no intention to file on anyone who didn’t respond unless it was an obviously malicious case or an an excessive amount. Also, cops to purchasing the data. Whether this is from the mod himself or someone who had access remains to be seen, but i think it will come out soon, The co owner also admits that it was a bad call buying the data and that he wouldn’t do it in the future.

    Obviously it is mainly a load of BS as if the intention was to stop sharing they’d have been issuing DCMA letters instead of lawyer threat letters. They were attempting to extort people and got busted and have lost credibility with their niche audience and are backpedaling doing damage control. If you were into that sort of stuff and knew they were using private data you’d probably stop buying their product, right?

    The fact is this was a straight up attempt at extortion not protecting their rights. Heck, they even went after people who legitimately were buying their product because they claim there are so many cases they can’t do any quality control.

    Save a copy before Borghese makes them pull it. I’d imagine you’ll see the company change names some time after this as well.

  32. Pingback: Torrent Site: Copyright Troll Had Staff Access to Member Data | ISOHUNT

  33. anon says:

    I recently received one of these letters. However, I have never been to empronium. I was a part of a google drive that was raided that had some of TMC’s clips there. I received a letter a few days ago requesting 4500 for a settlement. I panicked and tried to cut a deal out of fear for a smaller amount with few payments spread out over time. It was agreed to, but now I am not sure how much validity there is in their lawsuit and the chance that they will file it. I live nowhere near NV, and I really do not have the resources to go there for a case if they did set it up. A part of me wants to play it safe and just pay the settlement, but I’m already on the verge of bankruptcy and in complete debt and this headache really couldn’t have come at a worst time. Since I responded, I am probably screwed and they could use it as evidence. I wish I had knew about this being a big problem before replying to the letter.

    • JD says:

      The usual response to a situation like this is to simply stop any kind of sharing that you are doing, don’t do it anymore, and move on with your life. TMC has sued before, however it was apparently against people who had pirated a large number of their films. Since your settlement is for $4500, it sounds like you only had a couple of vids. DTD usually recommends just ignoring their emails/letters until they either decide to move on, or actually serve you official court documents.

      Obviously I don’t know what you said to them when you responded, but unless you said something incriminating on the phone or in an email you will probably be fine. Hopefully someone else chimes in about this with some more advice.

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  36. Doe says:

    Well I stopped paying for a while. Then out of the blue, I got an email from Mark Borghese saying his client will be forced to seek judgment against me. So now I’m stressed.

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