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Anti-Piracy Group Calls in Debt Agency To Collect ‘Fines’

DigiProtect, the anti-piracy company that makes money from threatening alleged file-sharers with court unless they pay up a ‘fine’, has a worrying new tactic. Hoping to scare letter recipients even more than they already do, the company is now sending more threats via a debt collection agency.

As it increases and deepens its profitable business model in the name of anti-piracy enforcement, the German company Digiprotect keeps cropping up in the news connected to all sorts of dubious activities.

As first reported here on TorrentFreak, Digiprotect is the company working with lawyers ACS:Law in the UK to prepare tens of thousands of letters to go out to Internet users they say have been sharing pornographic movies.

Each of these letters sent in the UK will carry a cash demand – a very profitable one at that – which mirrors the ones it sends to menace Internet users in Germany.

Now, according to Christian Solmecke, a lawyer with Wilde & Beuger law firm who works to defend alleged file-sharers in the country, Digiprotect appears to be stooping to new lows.

Solmecke says that his company has come into possession of a letter being sent out by debt collection agency Media Inkasso to a file-sharer who thus far appears to have refused to cave in to previous demands to “pay up or else”.

In it is a claim on behalf of Digiprotect for 650 euros plus around 11 euros in interest, plus what it refers to as “collection costs” of 127 euros.

The body of the letter informs the letter recipient that “..since you have not responded to earlier demands for payment by the rightsholder [Digiprotect]” the debt agency is now instructed to collect damages in respect of a previous allegation of copyright infringement – most likely the alleged sharing of a pornographic movie.

“If by the listed date no money has been deposited in our account, our client will commence court proceedings against you at considerable cost to you,” it adds.

So it appears that based on just an allegation of copyright infringement along with a demand to pay 650 euros, the letter recipient has not responded, so therefore it is now being considered by Digiprotect as a debt to be enforced by debt collectors.

Let’s hope that the recipient refuses to be cowed and stands up to this scheme, which is difficult to describe in any terms other than extortion.

This news is the latest in a long line of controversies hitting Digitprotect’s business. A couple of weeks ago we reported on the leaked documents that were handed to news outlet Gulli.

After analysis, a German lawyer now believes that the way the project was handled between Digiprotect and its lawyers could actually be illegal, meaning that thousands of individuals may have received fraudulent demands for payment.

The debt collection letter can be viewed here.

The government in the UK is now sitting up and listening on this issue and at long last there appears to be moves to deal with the similar scheme in operation there. In the meantime, readers in the UK are reminded that if they receive demands from ACS:Law on behalf of Digiprotect, they should visit BeingThreatened.com for advice.

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  • FxP

    Wow! They have been given the right to extort the public.

  • Mindless

    Crazy.. These ppl just dont give up ..
    Hopefully one of these ppl stands up and counter sues for harassment or some sh!t!!

    123st

  • kabuki0009

    Extortion is the only word for this kind of activity.

  • Anon y mouse

    DigiProtect and ACS:Law are total and utter scum. Their aim is not to stop filesharing, but to make as much money out of suing people.

  • Inkasso

    Sounds like a Dutch name to me. Inkasso bureau means debt collection agency in dutch. They are scum making money out of other peoples misery/debt.

  • Quasimodo

    Dear terrorists of the world,

    if you want to win the “hearts and minds” of a big part of the western younger generation in one swift act, you know what to do. Gruesome and horribly over-the-top violence prefered.

    Sincerely

    ;)

  • www.bitsnoop.com

    How could this all happen in UK/Germany? Aren’t they supposed to be civilized countries?

    1) Illegal collection of personal data.
    2) Large-scale money extortion – where’s any proof? What? Records or IP addresses? Give me a break.
    3) Attempts at blackmail (“you’ve shared a pornographic movie” part is blackmail all right).

    And how can collection agency operate on basis of “they probably owe us money, but we’re not sure, let’s try to extort”? Aren’t they going to get licence revoked for this?

    This DigiProtect racket is just a new face of organized crime.

  • R
  • Inkasso

    Cancel that they are German, I forget duitse and nederlands is similar. Anyway this is bad news , because if you dont pay first and argue later they will add a ton of money in interest and admin/inkasso costs to your bill. Here in holland you pay first and argue later.

  • MissedMemories

    Uh:
    I sentence you to jail, instead of paying. File-sharing shouldn’t be punished with money, but rather jail.

    Or even, the defendants when found guilty, only accept jail, and won’t pay =) That’s why, if you file-share, have an account in name of someone else xD

  • uhh

    why aren’t these criminals in jail yet?

  • IHeard

    All those saying they have stooped to a new low, they have always been this low. You’ve only noticed now because it is affecting you.

    The UK Government play just as many tricks but keep it quiet until its too late to act. The next UK Government will do the same.

    As always, we will sit and take it. We are so suppressed and in such a financial mess that people just don’t care any more.

    Sorry to sound so depressing but that is how I see it :-(

  • Trent

    Any script kiddies out there want to start organizing a resistance? Let’s go after some of this company’s data and see how they like extortion. I would definitely volunteer my time and money for that.

  • URL

    It’s a common enough practice for firms to sell debts to collection agencies

    Thing is that those debts have to be sold, not just handed out to private agencies to act as proxy

    I doubt it’s legal to transfer someones ‘debt’ to an external agency, especially if that ‘debt’ is not insured by contract by both parties

  • ltamake

    You really have to worry whether what this company does is actually legal. But meh. It’s fucking extortion.

  • Ha

    being from a country that was occupied by the uk and the germans planted A LOT of mines in it I sincerely thank the politicians in both countries from their relentless work in transforming their country into a big garbage can

    sincerely, THANK YOU :)

  • Ha

    typo: (for) not (from)

  • John Paul Jones

    From wiki…

    Extortion, outwresting, or exaction is a criminal offense which occurs when a person unlawfully obtains either ,b>money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime groups.

    The actual obtainment of money or property is not required to commit the offense. Making a threat of violence or a lawsuit which refers to a requirement of a payment of money or property to halt future violence or lawsuit is sufficient to commit the offense.

    Exaction refers not only to extortion or the unlawful demanding and obtaining of something through force, but additionally, in its formal definition, means the infliction of something such as pain and suffering or making somebody endure something unpleasant.

    If this isn’t a criminal offense then the legal system in the UK and Germany are totally effed up! And here I thought the US courts were screwed up. Silly me!

  • John Paul Jones

    Should read money. Really need a way to edit these posts.

  • google

    Low Orbit Ion Cannon DDOS
    ;)

  • Black Bart

    Yarr! Be ‘t known t’ all that as captain o’ this ship, I place a black spot on th’ scurvy dog lawyers o’ ACS:Law an’ Digiprotect! When they be found guilty they ortin’ ta be keelhauled till dead!

    Till then may these Captains o’ th’ Heads be havin’ th’ jiggers! We gentleman o’ fortune ortin’t allow this bilge wash t’ continue!

  • p2pfreakkk

    No one is going to take any action and the law will take a blind eye approach to this as the people protecting the law has been bought over by financial giants much powerful than certain governments ..

    so expect nothing to happen while the extortion continues.. why would lawmakers take the pain of protecting some alleged ‘pirates; who has already been branded as thieves in the name of privacy and illegal extortion ??

    The best way to tackle this, as i see, is to vote for the individual countries Pirate Party in the election so that we have a representative to challenge the RIAA and MPAA influenced laws and bills which gets passed in the parliament !!!

  • annoyance

    pay me now or pay me later.

  • Recton Kracke

    I expect some britons will fight this in court and win. They cant prove the account holders are actually the infringers.

  • gorehound

    I do hope that people are finally getting the message to stop buying any new krap from any corporate business.
    just support indies new stuff and buy your porn/hollywood films used.

  • removed

    post moderated

  • www.bitsnoop.com

    @22

    Funny thing is that most of so-called “indie” bands are backed by labels backed by RIAA members.

    We get a fair amount of DMCA notices from “indie” bands, which actually belong to RIAA.

    Oh, the irony!

  • knux

    The UK is starting to look at a similar scheme there yet if you are in the UK beware? I’m confused by the ending, seems kind of redundant…

    Anywho, all it takes it ONE person’s credit to be affected by the debt collectors reporting this false debt which is really a settlement, and ACS and Digiprotect will actually owe the alleged file sharer. I mean, I could send Torrent Freak a demand for 100 Euros for deleting a comment for whatever reason, and that doesn’t mean it turns into a debt automatically… The ways these guys think will amaze me for days to come.

  • FreeSCV at opensourceg.com

    Well THESE guys will make the hall of shame wall for sure. I wonder what happens if they try sueing someone who’s mentally unstable, has the right to bear arms, has little to lose, and goes OFF on these criminals???

    That was MY first thought. Like forgetting that everyone pays 100/month 12 times per year (so they already PAID for ‘kwality” content online) seems pretty “scammy” to me.

    Ya voting Pirate Party will work till Open Source Party gets going and they base our laws on the GPL code Linux guys use. I figure they’d have a better standing being 100%transparent (and forcing rival parties into compliance or losing their seats).

    I’ll still vote PP till that happens though.

    Another problem with our laws being bought to allow this is that it’s 5 YEARS before any change happens. I love you guys and all but “I” would take the million dollar briefcase too.

    Society needs DAILY votes to vote ALONGSIDE our “leaders” in order to fix broken laws AS THEY HAPPEN (or hopefully before they happen!)

    Giving 1200 bucks/year to watch cable tv for my shows OR watching them via p2p, utorrent, and google: “tvname torrent” and get a free tv show watched every 2 hours seems like the better deal to me.

    Pirate? Come ON! I already GAVE 1200 bucks!

    On the technical side they’ll just push people in Pirate PARTY camps and lose on the political side as well as losing on the “everything becomes encrypted” technical side.

    Either way it’s a lose for them. They alienate their customer base and think hiding behind RIAA/MPAA masks will save their company somehow. You’d win MY heart by adding in ads to torrent files and letting me download THOSE online. You’ve had, what? 10 YEARS to get yer shit in order online?

    Don’t blame those who made the tech b/c you guys thought it was a bad move (only for Apple to make iTunes, hey it WAS a good idea!)

    Also liked the post about the guy recommending script kiddies WRECK stuff. LMAO. Not my style but whatever works in this war on freedom and democracy online.

    First there was DRM,
    I didn’t object b/c I don’t buy dvd’s

    Then came the lawsuits to the Americans,
    I didn’t object b/c I’m not American

    Then they attacked 30,000 UK residents for copywrong downloading,
    I started up opensourceg.com in FIERCE BURNING RAGE! How DARE THEY attack UK residents b/c of American lobbyists buying Congress to do it’s bidding, forcing the hand of UK parliament and downhill to it’s people.

    Free SCV
    :D

  • knux

    @24

    I think what he meant was the Indie bands not backed by a label. I mean if you are backed by a major label, then you really aren’t much of an Indie band anymore…

  • h

    “If by the listed date no money has been deposited in our account, our client will commence court proceedings against you at considerable cost to you”

    I find it extremely hard to believe that their actually getting away with such extortion tactics. Thank god this kind of shit hasn’t hit the US yet on such a large scale.

  • gonewalkabouts

    File all their correspondence in a Fahrenheit 451 file burn it
    Its jest junk mail

  • Anonymouse

    How can this be allowed to happen? Its such blinding obvious extortion! In the US there is the RICO Act which is short for the Racketeer-Influenced and Corrupt Organizations Act, which allows individuals to file suit against people who engage in “racketeering.” If I remember correctly a disabled woman filed a suit using the RICO Act, against the RIAA, who was accusing her of sharing music. Not sure what happened though.

  • GrX

    the thing i dont understand and many might agree with me here.

    these people are destroying houses, family, work, after they have finished these people have completely ruined your life over something as silly as sharing a few files.

    i’m sorry but if someone ruined my life my work my home my family and left me with nothing left to live for
    then well.. i think you get the picture.

    considering the amount of crime guns knifes killings in the uk on a daily basis for no reason at all just because someone was at the wrong place and the wrong time.

    i can’t work out why people who’s had their lives ruined by these people have not returned the favour and destroyed their lifes and their family’s

    i’m finding it hard to believe that if people do violence for no reason at all then why is there no violence when it comes to someones life being ruined or effected???

    surprised ACS:law and davenports hasn’t gone up in smoke along with the people inside considering the amount of people who’s life’s they have ruined.

    again i am in no way advocating hate crimes or such just hard to understand why there’s never been someone who’s gone after revenge in the news papers or on the tv.

  • diarRIAA

    Amazing. This is amazing. A demand to pay a fine for something that is only alleged, with no solid proof and you are not given a chance to defend yourself, and it gets handed to a collection agency. First the media corporations stagnate with their old and obsolete business models and blame consumers for having a brain, then they go ahead and create a different business model altogether to extort instead. This is why I’ve been saying for a very long time that these corporations needs to be watched carefully by independant watchdog groups. They are dangerous to children and families.

    BTW, it’s the technology loving tax payers that made all of this possible. They voted for the law makers that made it possible to handover their private information to greedy, shady and moralless corporations. It’s also the lazy and complacent freetards that stoodby and did absolutely nothing to stop changes to the laws.

    Anyways..back now to my downloading of HD Bluray rips off an unknowing neighbors nonsecured wireless. xD

  • DeltaPan

    I feel there may be an element of entrapment as well.

    Maybe some in the porn industry purposefully upping files themselves which they can then be certain they are from torrent downloaders upon automatic licence acquisition, not just grabbing IP addresses from swarms etc, why i disable acquire licences automatically in Windows media player etc, if something won’t play without requiring a licence, it gets deleted or recoded.

    Just saying like, maybe how they might know somebody has downloaded whatever porn title via torrent.

    Peace.

    PaxDeltaPan

  • Anonymouse

    Debt collectors cannot collect “debts” that are not established by a court of law.

    Debt collectors cannot take anyone to court for a “debt” they have merely been asked to collect, it is up to the original plaintiffs.

    Digiprotect will not take people to court on behalf of their clients in case they lose.

    The gravy train works by intimidation, NOT the force of law. If they thought they would win they wouldn’t be pussyfooting about with blackmail and lies.

    Like @28 said, this is essentially junk mail, best binned and forgotten about. These people have no teeth.

    Nevertheless, it’s a disgusting abuse of a quasi-legal grey area that really ought to be outlawed.

  • Armanian

    I cant help but wonder, what stress people of the letters are getting. This company are putting huge stress and anxiety on people, and now they want to increase that. Im sure that some of the letter recipients are innocent.

    Couldnt someone take them to court over harrassment, and whatever charges you can get for stress and anxiety?

  • Yo

    What’s with ado about nothing? Collection agencies can’t do shit.
    The last time these goons came to my friend’s house, he showed them his recently cleaned and polished AK-47 and they never came back.
    He didn’t even have to put one in the chamber.
    In Germany it’s even easier, just greet them with “sieg heil!” and watch them scatter. Germans are shit scared of this stuff these days!

  • josh

    Amateur porn FTW!

    If this isn’t extortion then I don’t know what is.

  • Cordelia

    How do they collect “evidence”?

    Just by checking the IP addresses of the peers?

    Do the British ISPs just hand out the names of the person with a particular IP address, just like that?

    I don’t watch porn but I download a fair bit of other stuff.

    They start with porn but if this works, other things will soon follow — TV series, Software, Music, regular films old and new.

    So which continent is worst right now, Europe or the USA?

    The future of liberty online seems in jeopardy right now.

  • Anonymous

    If they’re sending the “bills” to collection agencies, I wonder if the next step will be to try attaching these to file sharers’ credit ratings for non payment. That will make a bigger mess of all this.

  • Fionn256

    The only way to actually prove that one was infringing would be to intercept and sniff packets headed to your computer, And I believe that is illegal in any country. So everyone just needs to send Digiprotect letters demanding say 5000 euros or face possible legal action. When those letters are ignored, Turn them over to the same collection agencies that they use.

  • Pingback: Links 06/12/2009: FreeNAS Moves to GNU/Linux | Boycott Novell

  • Rudd-O

    It’s a SHAKEDOWN, that’s what it is. “We believe you owe us money, based on laws we bought, so if you don’t pay up, it would be a shame to see something bad happen to you and your family”.

    Copyright enforcement is always a shakedown, ALWAYS. This is just a more blatant form of the same old shakedown.

  • GrX

    3-4 months down the line the law of averages must come into play.

    19,000 letters somewhere in that 19,000 there must be some nutter psycho crazy person who’s going to receive one of these things

    and then just torch the places end of problem end of everything

    you think crime is bad now wait till you start to see 100′s of thousands angry joe public which is being threatened losing homes their family destroyed start to take revenge

    the big bang is coming people and they just lit the fuse.

  • MajorOI

    How is this even legal?

    I am not a lawyer, but I have previously been threatened with legal action (not related to filesharing however), and the advice that I was given was that debt collection agencies should only be called in after a successful (for the accuser) court ruling.

  • ohabu

    If I got that letter I would turn it over to the police and claim blackmail.

    Every time I read one of these stories I’m dumbfounded as to how these companies can even pretend to be following any kind of law. And how countries can’t just throw them out, or at least forbid them to harass citizens. I’m gonna become a judge so I can tell these people to get a life and stop wasting ours.

    We had the same stuff going on here with Telenor, but due to the fact that we actually have privacy laws they pretty much threw the case out.

    Long live Norway, land of the free.

  • X

    The person paying for a connection is not necessarily the infringer.

    If you receive a threat, contact them, refuse to accept responsibility of any infringement AND of any debt and tell them you don’t know who is guilty of the infringement. (Be stubborn but remain polite.)

    If you have young kids claim they have friends over that use the internet, that you have already lectured them about filesharing and that you have found and removed filesharing programs from your computer(s) in the past (that you did not install) so as to reduce infringements being caused by other people misusing your connection.

    Either way, the infringer is likely a minor and that you are not willing to pay for someone elses infringement, especially when it might not have even been one of your own children and may have been a friend of theirs.

    If you don’t have young kids, blame it on friends.

    If they ask for the names of your friends or children’s friends, simply state that there are quite a few and that you are only prepared to reveal names of anyone if instructed by a court to do so, as not to inadvertantly breach privacy and data-protection laws.

    Remember, these companies do not have authority to take any money from you without a fair trial first. You must NOT accept responsibility of the infringement or the fines/fees.

    The idea here is to make pursuit of their case against you increasingly seem like a costly waste of time:

    - They might not even find the infringer.
    - The infringer could be a minor.
    - They would need to spend money on court fees to even get sufficient information required to really start the case.
    - You have stated you have found and removed filesharing apps in the past. (Implies you didn’t install them in the first place and that you already do take action to reduce infringements from your connection.)

    Now… they have to spend money to proceed on your case with a potential outcome that results in no benefit and no profit… just potential loss.

    Do they pursue your case or instead ditch it and go after the thousands upon thousands of uninformed parents and other suckers out there that admit guilt or agree to settle immediately?

    You already know the answer.

  • removed

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  • removed

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  • Ninja

    Disgusting. Maybe we could find the owners of such companies seeding smoking weeds on their back yards.

    It’ll turn against them at some point. Ppl just have to start suing them for various reasons, including extortion and harassment.

  • GrX

    Left4Dead comes to mind here :)

    “Molotov over here guys”

  • Me

    Script Kiddies in here who are talking about ddosing these bastards, so me a favor. Dont stop. If youre gonna do it, do it right. Get them so hard that their ISP gives them the flick. Get them so hard that their new ISP will give them the flick, and keep going and going and going and going.Dont ddos them for a few hours and expect a write up, give them hell for weeks, months, whatever it takes.

    These bastards deserve every bad thing in the world. Give them hell.

  • removed

    post moderated

  • Lacy

    @31 Dec 06, 2009 at 22:30 by DeltaPan

    I feel there may be an element of entrapment as well.

    Maybe some in the porn industry purposefully upping files themselves which they can then be certain they are from torrent downloaders upon automatic licence acquisition, not just grabbing IP addresses from swarms etc, why i disable acquire licences automatically in Windows media player etc, if something won’t play without requiring a licence, it gets deleted or recoded.

    Just saying like, maybe how they might know somebody has downloaded whatever porn title via torrent.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    Perhapse you are right, I never trusted those automatic lisences anyways. its disabled on my end 2. People have been busted b/c the lisense hit up a server which fed the ip of the file in question which then the isp was contacted and c&d or whatever after that. I have read it be4. Also another thing is that the f*b.i has been known to set up links and when you click the link, they get your ip then knock down your door and raid the place. Hide your ip everyone b/C of all the wrong things that are going on. Perhapse use wifi or vpn or whatever other method you think of. Don’t stop sharing though, just be careful and do not give our your ip, your life may be ruined b/c of some antipiracy debt or whatever if you do.

    I don’t know what to really do though if you have an unsecured router. Then I guess you are not liable for it though so maybe showing your ip is ok if I read the news right though.

  • Daemon_ZOGG

    For those who wish go another route to handle this matter.. In the US, with the holiday season and all, “certain items” are on sale..
    Paper Shredders for that unwanted junk mail from the digi-secure DORKS. And, my personal favorite, the very menacing Aluminum Baseball Bat! It’s actually a portable multi-function tool.. works best when used on unwanted PESTS. };>

    digi-crap, digi-dorks… ;|

  • The Pirate

    Thank you RIAA I love the free toilet paper but please could you print them out in a softer one it would be much appreciated :)

    Best regards
    The Pirate.

  • M-RES

    That’s would be classed as ‘demanding money with menaces’ in the UK.

    If they have a legal case against the recipients of these letters, they need to take legal action. Until a court decides they owe money to digiprotect, they owe nothing at all.

  • anon2

    i find it quite amazing how the copyright industry are very quick to accuse file sharers and link them with organised crime, child pornography and any other form of extortion you can think of, yet it is perfectly ok for them to not only condone but also encourage this type of behaviour. they need to look a lot closer to home for the extortion and organised crime links, me thinks!!!! hypocritical bastards!!!!

  • $deity

    These people are the real terrorists.

    They get away with extortion and harassment all in the name of a gift from the people (copyright).

    It’s time for judges to grow a spine and stop accepting bribes.

    Judges who accept bribes deserve to die in the same hole as the copyright terrorists.

  • Whatever

    The name of the debt collector, “Media Inkasso” , is suspicious. It looks like an empty company they created themselves just to send those letters. What debt collector would call themselves specifically “Media”.

  • Yatti420

    @Reasoned Mind

    Your a turd a stinky fffat turd. Go sniff a jockstrap you poophead. You love patting boys butts. You love patting boys butts, butt, butt patter. Your a perv and a loser and a stinkyy turd.

  • Brudda

    Anyone stupid enough to live on that repressive, insignificant rock off the coast of France deserves this!

  • Anonymous

    @6

    Psyops in action.

  • BTGuard - BitTorrent Anonymously

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