I have been watching the analytics of this website, and as you know, I noticed a spike in individuals looking for help with the DMCA notices they received from an entity called RIGHTS ENFORCEMENT (a.k.a. “RIGHTSENFORCEMENT”).
Until now, because the only copyright enforcement company using DMCA settlement notices has been CEG-TEK (RightCorp too, but they are a different animal), mistakenly, those who have come to this site have viewed the CEG-TEK articles. I have done some extensive research to figure out exactly who RIGHTS ENFORCEMENT is, how they got a hold of CEG-TEK’s proprietary software, and what to expect from them.
RIGHTS ENFORCEMENT IS A REVERSE-ENGINEERED CLONE OF CEG-TEK
RIGHTS ENFORCEMENT is a reverse-engineered clone of CEG-TEK. They have taken and have copied all of the methodologies of CEG-TEK, and they have created a mirror entity which does exactly what CEG-TEK did. They have (I understand by brute force) convinced the ISPs to forward their DMCA settlement demand letters to subscribers, and when a subscriber receives a DMCA notice, they are directed to pay a settlement or be sued.
ISPs FORWARDING DMCA COPYRIGHT INFRINGEMENT NOTICES
ISPs forwarding the copyright infringement notices for this scheme fall into three categories.
- Those ISPs that I believe are being forced or bullied by Carl Crowell to participate in the scheme who were formerly hostile to this method of copyright enforcement;
- Those ISPs that were part of the Six Strikes System, but willingly participated in the bittorrent-based lawsuits; and
- Those ISPs who willingly worked with CEG-TEK to forward the DMCA copyright infringement notices for them, and now are forwarding the notices for Crowell.
CATEGORY 1) AT&T, COX, Frontier, Hawaiian Telecom, Windstream,
CATEGORY 2) Optimum Online, Time Warner Cable, and Verizon, and
CATEGORY 3) CenturyLink, Charter, and sometimes Comcast (at times) and COX (yes, I listed them twice on purpose).
CARL CROWELL IS THE NEW “KEITH LIPSCOMB” MASTERMIND BEHIND ALL GUARDALEY-BASED LAWSUITS.
Carl Crowell is the mastermind behind RIGHTS ENFORCEMENT, just as he is the mastermind behind all of the Guardaley lawsuits (pornography based AND movie-based). To understand who he is, he is equivalent to the ‘kingpin’ role that Keith Lipscomb had in directing all of the Malibu Media, LLC lawsuits (and formerly all of their other pornography-based lawsuits, e.g., Patrick Collins, K-Beech, NuCorp, etc.).
The interesting piece of information that people likely haven’t pieced together yet is when the relationship between Lipscomb and Malibu Media broke apart, so did the relationship with Lipscomb and Guardaley. If you time this, you’ll probably find that around the same time the relationship between Lipscomb and Malibu soured is the same time Carl Crowell ‘came to power’, so to speak and started filing all of the bittorrent-based lawsuits [backed by Guardaley].
CONTACT FORM: I do not want to be imposing, however, I am putting this here just in case you have a question or comment about what I have written, and you want to keep it *for my eyes only*.
RIGHTS ENFORCEMENT IS CEG-TEK’S ‘EVIL TWIN.’
So CEG-TEK (which at this moment is in a dormant state, but is still watching what is going on) is not RIGHTS ENFORCEMENT. RIGHTS ENFORCEMENT is an ‘evil twin’, so to speak of what CEG-TEK tried to be.
RIGHTS ENFORCEMENT USES FAR MORE AGGRESSIVE TRACKING METHODOLOGIES (WITH FAR MORE FALSE-POSITIVES).
The big difference between CEG-TEK’s bittorrent tracking methodologies and RIGHTS ENFORCEMENT‘s tracking methodologies will be the way someone is caught (and I am basing this on what I know about CEG-TEK’s vs. Guardaley’s tracking methods, because they were always competitors for the same copyright holder ‘copyright troll’ production companies).
CEG-TEK always waited until they could prove that the download actually happened.
Guardaley (and thus, RIGHTS ENFORCEMENT) ‘catches’ a downloader as soon as he clicks on a bittorrent file and joins a bittorrent swarm (before even a byte of data is transferred).
Thus, someone could technically get sued or accused of copyright infringement with Guardaley for a download they did not commit. They may have visited the bittorrent website. They may have clicked on the file, but that file never needed to download in order for Guardaley to sue that individual for copyright infringement.
WHY RIGHTS ENFORCEMENT WILL BE A MONSTER.
So in essence, RIGHTS ENFORCEMENT will be a monster. It’ll be an evil version of what CEG-TEK strove to become (CEG-TEK’s goal was always to discourage piracy, and they succeeded in their goal which is what made it not profitable for them).
RIGHTS ENFORCEMENT will likely accuse ISP subscribers of downloading multiple copyrighted files (asking for $300 per title), when the accused downloader merely clicked on a bittorrent file. This will be true even if he later changed his mind and decided not to download the file, whether he waited in the queue and never got the opportunity to download the bittorent file, or whether he clicked on a bittorrent file, but only decided to download one or more files in a bittorrent file that contained many files for download. Worse, if he clicks on a siterip (something Malibu Media, LLC / Guardaley) almost always ‘dings’ a defendant for, no doubt RIGHTS ENFORCEMENT will ask for settlements for each and every file in that siterip.
WHY CARL CROWELL WILL TURN RIGHTS ENFORCEMENT ‘EVIL’.
To make matters worse, Carl Crowell has a reputation that precedes him. Where CEG-TEK would give deference to an individual who made a mistake, or who didn’t realize the gravity of what he/she did, or if that individual was a war veteran or an elderly lady or gentleman, these considerations reportedly mean ABSOLUTELY NOTHING to Carl Crowell. Rather, people have referred to him as a bully, and in order to deal with a bully, you need to stand up and fight if needed.
In sum, this is why I am predicting that RIGHTS ENFORCEMENT will be a monster.
HOW WE WILL HELP TAKE DOWN ‘RIGHTS ENFORCEMENT’
As I mentioned before, expect Carl Crowell (and anyone working under him) to be a bully. As such, the only way to fight a bully is to punch him in the face. Now since it does a client of our firm no good if I ‘punch him,’ so to speak, the only way to handle a bully entity (as I am sure RIGHTS ENFORCEMENT will become) is to be willing to step away from a negotiation, file a lawsuit, and perhaps even proactively file a declaratory judgement action for non-infringement. For copyright matters, this can be done in any federal court in any state (although Crowell has already had some issues with judges in his own state, so perhaps that is a good place to start).
I will take clients for both settlements (these will be anonymous just as a CEG-TEK matter would be since Crowell will not know who you are when he sends the DMCA copyright infringement notice to you), and for the explicit purpose of filing lawsuits (and defending lawsuits filed) by him and his local attorneys in the various states’ federal courts.
There will essentially be three kinds of clients:
GROUP 1) Clients with matters small enough that we can resolve them anonymously with no, some, or aggressive negotiation.
GROUP 2) Clients with matters to large to settle (e.g., they are faced with an unreasonable settlement demand, or RIGHTS ENFORCEMENT is unwilling to negotiate a matter). For these clients we will defend the lawsuit when the client is sued (again, it does not matter in which court this happens), or we will proactively file a declaratory judgement action to obtain a ruling that these clients were not guilty of copyright infringement.
GROUP 3) Clients who want to skip all settlement negotiations and fight this matter in court. As I mentioned, many individuals will get accused of downloading titles they simply did not download (or, that perhaps they clicked on, but did not download). For these people who are willing to fight, we’ll skip settlement negotiations and go straight to the lawsuit.
In sum, I am willing to dedicate a significant amount of our firm’s resources to shutting this guy down. From what I understand, this Carl Crowell guy is another John Steele bully, and if he runs his RIGHTS ENFORCEMENT the way he’s been handling his lawsuits, I will be sure to help clients either proactively attack the claims against them, or in the alternative, I will help them get out of his way with an anonymous settlement.
TorrentFreak / Blog Articles:
“New Automated DMCA Notices Hit Movie Pirates With $300 Fines,” written 3/11/2017.
CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.
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