Copyright Troll Dallas Buyers Club LLC Goes To Japan – Part 2

This is the second part to the Dallas Buyers Club (DBC) LLC in Japan article.  Here are the documents/translations I have received from a couple of people (Thank you).  DBC_Japan_POA   Japan_ISP_Page1   Japan_ISP_Page2_3

 次のドキュメントは、この資料の日本語訳です。  DTD_Part2_Japan

Troll_EDO_Japan1First, for my new readers (in Japan and elsewhere), I want to make it clear that I do not condone copyright infringement and suggest that if it is happening on your home/network, the activity should stop (and not start back up).  Saying that, I certainly do NOT condone the actions of the Copyright Troll (DBC & others), which I see as a disgusting business model to legally extort money from people under the threat of a law suit (my opinion).

If you are one of the affected ISP subscribers – I suggest you take steps to stop the infringing activity by you, family members, roommates, or unknown personnel.  I would document any unusual network activity you observed, as well as unknown/unauthorized computers that have used your network (if possible) during the period of alleged infringement.  If you were running your WiFi Internet connection “Open,” I suggest you secure it with a password and don’t freely give it out.

The translated documents are an ISP Disclosure Request Form and an Inquiry Demand Form from DBC.  The Inquiry Demand Form tells the ISPs that the copyright of DBC was violated and the attorney representing DBC in Japan (Hiroki Kawagishi), is requesting the identities of the ISP subscribers who were assigned the public IP address they recorded as infringing on a certain date/time.  The stated reason for the request is to stop the infringement and to seek a settlement.  The Disclosure Request Form informs the ISP subscriber that in accordance with Japanese law (Compensation-Law), a copyright holder is requesting your personal information based on an allegation of online copyright infringement.  The ISP is asking the ISP subscriber for permission to release the following information (what Troll DBC is asking for).

  • ISP subscriber name (who pays the ISP bill)
  • ISP subscriber address
  • ISP subscriber email addresses
  • IP address used by the ISP subscriber (They already have this…)
  • Cellular phone internet connection user discernment code that is linked to the violated data (not sure about this)
  • SIM Card discernment number and information that has been transmitted through the cell phone internet services (Unknown…)
  • Year, Month and Day /Time List of the violated information transmission (I assume they already have this…)

The ISP does note that even if an ISP subscriber does not consent to the release, the ISP may disclose this information in accordance with the law.  They also ask the ISP subscriber to state a reason for non-consent.  I would certainly make the non-lawyer suggestion that any ISP subscribers receiving this request NOT consent.  Even if Troll/DBC is going to get the information, I would not make it easy for them.  Here are some possible reasons for non-consenting ISP subscribers (“IF”applicable to you):

  • I didn’t download/share the movie in question.
  • I have not used any file sharing programs, such as BitTorrent to download/share the movie in question.
  • At the time of the alleged infringement, I ran my WiFi Internet connection “Open,” and other people have used it.  I do not know who downloaded/shared the movie in question.  I have since secured my WiFi Internet connection and have ensured no infringing activity is occurring.
  • I object to the release of my personal information based on the fact that the foreign entity, Dallas Buyers Club LLC, is what is known as a “BitTorrent Copyright Troll.”  DBC is currently engaged in a large-scale abusive litigation campaign in the USA, where it has filed over 100 copyright infringement law suits (over 3000 people are affected) in which they threaten legal actions against ISP subscribers who do not pay a settlement demand of thousands of dollars.  DBC has recently expanded its operation into Japan and makes only threadbare claims of infringement to obtain ISP subscriber/sender information to attempt to force settlements.
  • In accordance with Article 4, Clause 3, of the Law Concerning the Limits of Liability for Damages of Specified Telecommunications Service Providers and the Right to Request Disclosure of Identification Information of the Senders, Dallas Buyers Club LLC, is prohibited from using “Sender” information (ISP subscriber) to “defame” or “disturbing tranquility of life.” Based on the well-established history of DBC law suits in the US, this is exactly what DBC will do in Japan.  DBC will use the sender’s information to forward a settlement demand letter for thousands of Yen based only on the fact that the ISP subscriber pays the bill.  DBC has conducted no additional investigative steps to try to determine if the ISP subscriber was the actual infringer.  DBC has demonstrated this in the US and will threaten further legal action unless the ISP subscriber pays a settlement.  As the legal costs of defending against such an allegation are more than simply settling, some innocent people will settle.  According to one US lawyer representing copyright holders (Mike Meier), “roughly 30% of names turned over by ISPs are not those who actually shared or downloaded the videos.”  This fact has not stopped DBC from sending settlement demand letters to ALL US ISP subscribers they can identify – claiming that they are the infringer and need to pay a settlement of thousands of dollars.

Now there is no guarantee that the ISP subscriber information will not be released, but I feel this is better than doing nothing at all.  As the Japanese ISPs do not know the Trolls, they may find it is easier for them to simply give up the information and not fight.  This may change if over time the number of Troll requests for ISP subscriber information increases.  Time is money and the ISPs may start to feel the effect in terms of increased costs and loss of employee man-hours in handling these requests.  If Japan works out to be a Troll-friendly location, I would expect an increase in activity after the Trolls/Anti-Piracy Management Company (APMC) find new clients (Copyright owners of movies, TV shows, etc.) in which Japanese IP addresses are downloading/sharing.  As this is a business model designed to make money cheaply and easily under the guise of copyright protection, it does have the potential to explode in Japan.

Now I have not seen anything that shows any copyright infringement law suits have been filed by DBC in Japan.  The current activity appears to be the initial Troll actions to obtain ISP subscriber information as easily as possible.  I suspect that some sort of settlement demand letter to the ISP subscribers will be the next step.  One thing I did note in the previous section about Japanese copyright law is that in accordance with Article 4 Clause 3 of the Law Concerning the Limits of Liability for Damages of Specified Telecommunications Service Providers and the Right to Request Disclosure of Identification Information of the Senders, the Troll is prohibited from using the ISP subscriber information to “defame” or disturb the “tranquility” of the ISP subscriber.  This could get the Troll in trouble.

(3) Any person who received disclosed identification information of the sender in accordance with the provisions of paragraph (1) shall not, by indiscriminately using said identification information, unduly commit any act defaming said sender or disturbing tranquility of life.

So now we wait and see what the involved parties do.  For those of you involved, please send me copies of the settlement demand letters when they start to arrive.  I will make sure they are redacted and no personal information is disclosed.  I’m not sure if DBC will take anyone to trial, but I really doubt it based on their previous history in the US.

DieTrollDie 🙂    “Guard your honor.  Let your reputation fall where it will.  And outlive the bastards.”   [Lois McMaster Bujold, A Civil Campaign]

CTBC_parody1

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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16 Responses to Copyright Troll Dallas Buyers Club LLC Goes To Japan – Part 2

  1. Anon E. Mous says:

    Good advice DTD. Hopefully our Japanese friends will use the internet, DTD &FCT to educate themselves about what the trolls are up to and what their goal is.

    Hopefully much like those who are fighting to NOT become victims of the trolls are Japanese friends will use the information from the previous three sources to educate themselves and protect themselves from the Troll extortion machine until they can talk to a qualified non Troll friendly lawyer for advice and guidance.

    Dont give up the fight good citizens of Japan, it will only embolden the trolls. We’re with you all the way!

  2. I note that the Canadian courts, informed of the risk of the material being used for things other than the suit in question, have required the putative troll to use the contact information only under the supervision of the court, and only for the purposes of commencing a suit or suits.
    Some months later, there doesn’t seem to be any further action by the troll…

    A lawyer or law school in Japan might well wish to see if their courts would put similar limitations on material released via the court’s order.

  3. Ehud Gavron says:

    I’m a fan of open access points. Is there a law requiring me to lock my front door? No. Is there a law that on halloween I cannot give out free candy to all who want some? No. Can I be accused of contributing to children’s poor teeth hygiene because I give free candy? No.

    Open WiFi should be the norm. The EFF thinks so.
    https://www.eff.org/issues/open-wireless
    https://www.eff.org/deeplinks/2014/05/open-wifi-not-copycrime-effs-primer-open-wifi-and-copyright

    So with all due respect to offering people advice in this country and Japan, there is no legal or moral reason to shut off WiFi access for strangers. It should be each person’s own decision on whether they wish to openly share their bandwidth.

    I do.

    Ehud

    • DieTrollDie says:

      I like the idea of open access, but these cases go beyond an ideal goal. If you are part of a case like these, you want to take all the steps you can to show you are trying to stop the activity and not ignore the situation. I have seen some Troll lawyers make a particular point of when an ISP subscribe does nothing to stop the activity. YES there is no law, but they use the lack of activity to make the point that only a person who knew it was ongoing, would do nothing. These cases in the US only deal with the Plaintiff needing 51+% of evidence to win. If you are in that position, why risk it?

      DTD 🙂

      • ehud gavron says:

        The EFF links explain very well why there is no need to prove one’s innocence not by closing WiFi.

        A guilty man must make amends and clear appearances. An honest one need not.

        I stand with the EFF. I also don’t put a brick under my accelerator pedal so a cop might think I can’t speed. This is a personal choice to a priori give up your freedoms and rights. That is not how my ethics are.

        E

        .

      • DieTrollDie says:

        A difference of opinion makes a horse race and and a trial. Until you are faced with the situation it is easy to say one thing. The cost of defending oneself in these cases is easily 10k+ for one that doesn’t even reach Discovery. I will be sure to review the EFF article and make a possible posting of my own.

        DTD 🙂

      • DieTrollDie says:

        difference of opinion makes a horse race and and a trial. Until you are faced with the situation it is easy to say one thing. The cost of defending oneself in these cases is easily 10k+ for one that doesn’t even reach Discovery. I will be sure to review the EFF article and make a possible posting of my own.

        DTD 🙂

  4. Ehud Gavron says:

    Please allow me to add and clarify… I read your website all the time and appreciate the effort you put into it. We do have a difference of opinion (and expensive trials are a win only for the lawyers involved) but please don’t take my disagreement as a lack of respect nor appreciation for your effort.

    I’m glad I don’t have to counsel others. I can choose my words to represent what I think best (and say so) knowing it may not be best for everyone. Just as prior-restraint is a violation of the first amendment, self-censorship which amounts to voluntary prior-restraint is [in my honest opinion] worse because the restraint is there but it’s brought about by fear of prosecution not a court order. The same IMHO is true of closing off of one’s networks because one day someone might say boo.

    Cheers and good night 🙂

    Ehud
    Tucson AZ

  5. Doe says:

    Current University student staying in Japan.

    Received one of those Dallas Club LLC letters from my ISP provider yesterday, nearly went into a panic since I had never heard of Bittorent trolls before.

    Their current method seems to be as you said : They notified my ISP provider that I have been infringing on their copyright, and requested them to disclose my information to them. ISP sent me a letter asking if I agreed or disagreed.

    Just wanted to say thanks for doing this. Was really worried for a while since I dint know what to do or what would happen, but now that I’ve read your postings, even if worse comes to worse, I’ll know how to fight back with what I have.

    Would you like me to scan and email you copies of the letters they sent? They are in Japanese, and almost similar to the ones you linked at the top. I’ll also inform you if there are any further updates.

    • DieTrollDie says:

      Thank you for the information. Please keep us informed of what the ISPs and Trolls are doing. I would like to hear back from people who submit a non-consent to the release of their information, what they listed as their reasons, and what the ISP then did. I expect some peoples personal information will be released soon. Once that happens, I expect some of the ISP subscribers a settlement demand letter. Please send me copies of any follow-on correspondence from the ISPs and Trolls.

      DTD 🙂

  6. Doe says:

    Hi guys I got one through too, glad to see I’m not alone and there are a few others with the same dilemma….hope you’re all well.

    I’ve spent the whole day today scouring the Internet for as much information as I could get my hands on. It seems over in the states, that the average out of court settlement requires to get the case dropped was 2-3k usd. Has anyone been quoted a figure yet in Japan?

    It’s obviously bit of a scary situation as I’m not really sure how to go about it, but I’ve arranged to speak to a lawyer next week sometime so will keep you upto date with my findings. Have you instructed the ISP to release your data yet? Or told them to poke it?

    Good luck to you all, let’s take it to ‘em. All the best

    • Doe (Redacted) says:

      Good luck to you too! I wrote back to the ISP telling them that I have no idea what it was all about, I’ve never seen the movie or shared it etc.etc. so I refuse to let them get my information. Still no reply from them yet.

      Would do us a great favor if you post whatever conclusions or legal advice that comes out after you consult with your lawyer. Thanks a bunch man!

  7. Doe says:

    Please help me.
    I’m a simple person working hard here . Always without money because I have medical problems.
    I received the notification and gave to japanese lawyer already .
    Can you tell me what happened with the people in the same situation here .

  8. Fer says:

    Hi John !

    It’s the Brazilian again.
    Sorry for not text you . I changed my cellphone.
    I still did not receive anything for DBC .
    Like you said, it’s better to deny and give one excuse.
    Thanks again for support when nobody here know the process.

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