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Virgin Media subscribers in the UK are being shaken down over alleged porn downloads by a Cyprus-based company. Worryingly, letter recipients are invited to ring a premium rate number for advice and the website operated by the company is not only non-functional but also has improper registration information. For the second time in a week UK-based Internet subscribers have found themselves on the wrong end of so-called â€˜copyright trollâ€™ threats. On Tuesday TorrentFreak revealed that Sky Broadband were handing over the details of an unknown number of customers to TCYK LLC, a US-based outfit aiming to extract cash payments from alleged pirates of the Robert Redford movie The Company You Keep. And today we have news of another attempt, this time executed by the masters of copyright trolling â€“ the porn industry. The case dates back to last year when TF discovered that several porn producers had teamed up in an effort to force ISP Virgin Media to hand over the names and addresses of an estimated 1,500 subscribers said to have downloaded and shared adult content without permission. The companies (Sunlust Pictures, Combat Zone Corporation and Pink Bonnet, Consultores de Imagem LDA), none of which appear to be based in the UK, worked with Wagner & Co, a London lawfirm previously known for working with another troll, GoldenEye International. Sunlust Pictures, an adult movie company founded in 2009 by former porn actress Sunny Leone, has previously been involved in US-based trolling. Combat Zone Corporation (CZN) is an adult movie company based in California. Theyâ€™re no strangers to the cash settlement model either. To keep things centralized these companies hired Mircom International Content Management & Consulting Ltd (MICM), a company already demanding cash payments from Internet users elsewhere in Europe. It is Mircom that are now sending out letters to Virgin Media customers. Copies received by TorrentFreak highlight the companyâ€™s case. One reads as follows: â€œIt is with regret that we are writing this letter to you. However, the Claimants are very concerned at the illicit distribution of films over the internet,â€ the letters begin. â€œCZN is the owner of the copyright in the film sold under the name â€œSEXY BRAZILIAN LESBIAN WORKOUT (â€œthe WORKâ€). The Work has been made available for sale in the United Kingdom. MICM has a license to act for CZN in relation to these claims.â€ Mircom claims that a â€œforensic computer analystâ€ searched for IP addresses making the content available on P2P networks without the necessary license. Virgin Media told TF that they previously challenged the reliability of the software used (FileWatchBT). In the letters Mircom accuses recipients of infringement and invites a â€œfull written response as soon as reasonably possible.â€ After stating that â€œthe High Court has not yet considered the merits of our claim against youâ€, the letter acknowledges that the letter recipient may not be the infringer, but then tries to bully that person into revealing who the infringer might be. â€œIn the event that you were not responsible for the infringing acts outlined above because, for example, another member of your household was the user of the computer, you should make full disclosure to us of the other parties at your residence using your internet connection to make the Work available for download,â€ the letter reads. In common with all similar trolling attempts to these, one might also conclude that if Mircom is so confident of the accuracy and usefulness of its systems and evidence, Mircom itself should be the one naming names, rather entering into a information fishing expedition with account holders who may merely pay the bill. Nevertheless, Mircom continues with the threat that â€œfailure to make such disclosure may lead to the claim being made against you with the court being asked to conclude, on the balance of probabilities that you were the user of the computer.â€ Further threats are leveled at those who might decide to treat Mircomâ€™s threats as spam. â€œShould this matter ultimately be heard and determined by a court, adverse costs consequences against you could follow from a failure to constructively respond to this letter,â€ the letter adds. However, while all of these attempts at so-called â€œspeculative invoicingâ€ should raise alarm bells with consumers, this current effort by Mircom and its partners adds even more fuel to the fire. Firstly, while Mircom is taking action in the UK, the initial address provided â€“ Spyrou Kyprianou 32 Nicosia, Cyprus â€“ is the home of dozens of other companies. The UK address provided â€“ Winston House, 2 Dollis Park, Finchley, London, N3 1HF â€“ is also the home of dozens of further companies. If that isnâ€™t enough to put recipients on alert, the contact number provided by the company should. Instead of providing a local number, Mircom provide a premium rate number (0871 990 3150) which can cost up to 40p per minute. As can be seen from this page there are already reports from letter recipients inquiring about the number. Also at issue is the email address provided by Mircom. The company lists mircom.co.uk as its web address but the site is non-functional and merely links to a web-hosting companyâ€™s landing page. The companyâ€™s WHOIS entry raises more eyebrows. In order to opt out from the requirement that certain co.uk domain holders must publish their personal details, Mircom has wrongly declared itself not as a company, but as a â€œnon-trading individual who has opted to have their address omitted from the WHOIS service.â€ For the record, Nominet is clear on the matter. â€œOnly domain name holders who are â€˜non-trading individualsâ€™ can opt out of having their address details published on the WHOIS. In other words, if the registrant is not a business or organization and â€“ in the case of domain names registered to individuals â€“ you do not use or plan to use your domain name for business, trade (such as pay-per-click advertising, etc.) or professional transactions, you may opt out of having your address displayed.â€ Those receiving letters are welcome to contact TF in confidence but in the meantime the advice remains the same. Read the Speculative Invoicing Handbook Second Edition cover to cover, contact Citizens Advice, and if a legal opinion is required Michael Coyle from Lawdit Solicitors (who has dealt with these kinds of cases previously) is at hand. Finally, bear in mind that Mircomâ€™s current solicitors â€“ Wagner & Co â€“ who represented Goldeneye International in an almost identical case to this â€“ also promised to take people to court and sue them for infringement. Not a single case has gone forward despite hundreds of threats. https://torrentfreak.com/virgin-customers-targeted-in-new-porn-piracy-shakedown-150314/
A pair of domains operated by The Pirate Bay are at risk of seizure following legal action by Swedish authorities. The man behind December's raid, prosecutor Fredrik Ingblad, says that the domains should be canceled or placed under state control. The domain registry involved has criticized the move. While it is technically possible to operate without one, domain names are considered vital for any mainstream website. Domains give a web service an identity and make them easy to find. This is exactly what authorities in Sweden are now trying to deny The Pirate Bay. Prosecutor Fredrik Ingblad, the man behind the now-famous operation to take the site down in December, is now spearheading the drive to shut down The Pirate Bayâ€™s access to a pair of key domains. ThePirateBay.se and PirateBay.se are Ingbladâ€™s targets, the former being the only domain currently being used by the site. Originally filed at the District Court of Stockholm back in 2013, the motion targets Punkt SE, the organization responsible for Swedenâ€™s top level .SE domain. Ingbladâ€™s assertion is that since The Pirate Bay is acting illegally, domain names are necessarily part of that siteâ€™s â€˜crimesâ€™ and should be tackled like any other part of its infrastructure. â€œA domain name is an aid for a site. When a site is used for criminal activities a domain is aiding crime,â€ Ingblad said. While actions against domain names arenâ€™t unprecedented in Sweden, this case is unique. Punkt SE (also referred to as the Internet Infrastructure Foundation) informs TorrentFreak that while two earlier actions targeted the owners of Swedish domain names, this is the first time that the prosecutor has targeted the .SE / IIS registrar directly. â€œThere have been two legal cases regarding forfeiture of domain names from the domain name holder (ikonm.se and [torrent site] xnt.nu). In the Pirate bay case the prosecutor wants to forfeit the domain names directly from .SE,â€ Punkt SEâ€™s Maria Ekelund told TF. Also of interest is Inglbladâ€™s demands for the domains should he prevail. The prosecutor says that Punkt SE should at the least be forbidden from allowing anyone to register the domains in future or, preferably, they should be placed under control of the Swedish government. â€œIt is not our intention to impose any monitoring responsibility on Punkt SE. The best outcome is that the state takes over the domain,â€ Ingblad told DN.se. At this point itâ€™s worth noting how far removed Punkt SE are from any online infringement. In the original Pirate Bay criminal trial the siteâ€™s former operators were found guilty of assisting in copyright infringements carried out by the siteâ€™s users. In the current case Punkt SE are being accused of assisting people who were previously found guilty of assisting other people to commit copyright infringement. Punkt SE CEO Danny Aerts previously noted that the case is unique. â€œIn the eyes of the prosecutor, .SEâ€™s catalogue function has become some form of accomplice to criminal activity, a perspective that is unique in Europe as far as I know,â€ Aerts said. â€œThere are no previous cases of states suing a registry for abetting criminal activity or breaching copyright law.â€ Frederick Ingblad agrees that the case is complicated. â€œIt is about fundamental rights versus the need to prevent crime online. Itâ€™s a balancing act, and ultimately itâ€™s for the legislature to decide.â€ A few moments ago Punkt SE told us that the case will be heard at the end of April, two years since its original filing in 2013. â€œThe serving of all the counterparties has taken a long time,â€ Maria Ekelund concludes. http://torrentfreak.com/the-pirate-bay-domains-targeted-in-legal-action-150210/
LionsGate was seen attempting to wipe an entire Reddit sub from Googleâ€™s indexes. The movie studio claimed that the action was necessary to protect the movie A Madea Christmas. However, the search giant refused to comply with the overbroad takedown attempt. Millions of DMCA notices are sent to search giants each week: for example, Google received over 8.5 million within the last 7 days. While most of those complaints are accurate, some of them arenâ€™t. As for Google, the company admits that it has to reject thousands of DMCA notices every day, usually because they target the same URLs again and again. Some of such failure notices can be easily spotted (for example when rights owners target content they donâ€™t actually own the rights to). Sometimes the content creators donâ€™t target infringing material precisely â€“ instead of sending a notice for a single URL, they want to move up a level and take down a whole bunch of them in a single swoop. This is what the movie studio tried to do a few days ago, targeting 9,000 URLs in a single DMCA notice, where dozens of URLs were duplicates. However, Google dismissed links targeting Reddit for different reasons. Three links submitted by LionsGate targeted a Reddit sub called BestOfStreamingVideo after someone published a link to the companyâ€™s movie â€˜Tyler Perryâ€™s A Madea Christmasâ€˜. The movie studio tried to have the whole sub-reddit delisted from Google, but the search giant refused to comply. In the meantime, it should be admitted that the â€œover-broadâ€ strategy has quite paid off in the past. For example, the Motion Pictures Association of America has managed to have the homepages of a number of popular websites removed from Googleâ€™s search, including that of KickassTorrents.