Anti-Piracy Outfits Demand Cash Without Proof
Written by Ernesto on November 29, 2009Hundreds and thousands of infringement warnings are sent out every year by copyright holders. In some cases the copyright holders also include a settlement request of a few hundred bucks. Very worrisome, especially since the outfits that collect the evidence often lack proof that the accused actually transferred the file in question.
Good times lie ahead for the companies that gather information on BitTorrent and other file-sharing networks. In the US, the MPAA and RIAA are negotiating with ISPs on how to deal with alleged copyright infringers, and in the UK citizens could lose their Internet access for this alleged offense if overall levels of file-sharing aren’t reduced to meet government targets.
While the evidence gathering techniques differ from agency to agency, they all have one thing in common. None of them can provide proof that the account holder has actually committed copyright infringement. In fact, some anti-piracy outfits cannot even prove that the IP-address they have on file was used in an actual file transfer, although they claim otherwise.
The Video Protection Alliance’ (VPA) belongs to the latter group. Instead of simply warning the alleged infringers, they take it one step further and actually ask for cash to settle immediately on behalf of the copyright holder, a known extortion-like technique that is also used by spammers.
The process used by VPA and others is simple. Their software monitors BitTorrent swarms and other file-sharing networks and records the IP-addresses of those people who share their clients’ copyright works. It then automatically sends an email to the ISP linked to the IP-address with a request to forward it to the associated customer.
“Someone using this account has engaged in illegal copying or distribution (downloading or uploading) of [title],” the VPA writes in one copyright/settlement notice, adding: “The information in this notification is accurate.”
But is it really accurate? We beg to differ and we’re certainly not the only ones.
As outlined in an elaborate article posted on on Freedom to Tinker earlier this week, the VPA does not verify whether the IP-address is actually uploading or downloading content. They simply take it from the swarm list reported by the tracker.
This is wrong for several reasons. First of all, some trackers are known to insert random IP-addresses into swarm reports to provide plausible deniability. Secondly, anyone can easily create a url that would put someone in the swarm list when it’s clicked. This link can be posted everywhere on the Internet and it wouldn’t even require the recipient to have a BitTorrent client installed.
Of course, this information is nothing new to people who are familiar with these anti-piracy evidence gathering techniques. Last year researchers from the University of Washington revealed the same flaws, but outfits such as VPA apparently don’t see the need to back up their claims with solid evidence.
Meanwhile, hundreds of thousands of these notices are sent out every year, some of which include cash requests to settle the case. Even worse perhaps, in countries that adopt three-strike legislation millions face the threat of being disconnected by their ISP, based on shoddy and unverified evidence, and without judicial oversight.
Unfortunately, the outfits that collect the evidence for the copyright holders are not very open about the techniques they use. When the RIAA’s evidence was disputed (pdf) in court earlier this year they decided to drop the case and settle with prejudice for $0.00. How convenient.
Previously: SceneTorrents BitTorrent Tracker Shuts Down
Next: Never Back Down – Pirate Bay Adapts To Stay Alive
67 Responses
1st
Man its tough times. R.I.P SCT.
Hope too many ppl dont get caught up in this . Damn .
F1rSt
down with Mandy!
FIRST
…lol at 3
this is stealing with a smile :)
How nice.
I guess people should adopt an “automatic suing” (or “automatic notice to police about blackmail”) approach to these notices/cash demands. Perhaps then VPA (thousands of court cases) and/or the governments (police overwhelmed with blackmail cases) would finally get it that this is the wrong way.
I don’t know who the bigger villains are any more?
Very nice article. Thanks :)
What country do VPA operate in. Us, Austria, Uk etc
There should have been a clause for sending such letters which should have said that in case they cannot prove it in court of law, they will have to payback the defendants fees and compensation, with restriction to out of court settlement provision.
The laws often, leave so many loopholes, for scammers to operate freely within legal framework.
Anti piracy groups need to get a baseball cap and sit outside a liquor store like everyone else.
http://www.plentyoftorrents.com
At least in Canada. Parliament has to go through way to many hoops to amend the Copyright Act. We’re safe in 80’s laws.
I doubt it. Canada is no different than most other G8 nations your leader is the almighty dollar and you will do anything to appease big business.
Like how they are kicking the homeless and prostitutes out of Vancouver for the coming olympics, banning people from protesting and holding up anti olympic signs.
It’s like working as a security guard in a bank, and then robbing it every night.
Scam artists have become the new face of anti-piracy.
@Captain Fabulous
Best comment ever!
totally don’t give in to the cartel
http://www.emule-project.net
an ip addressee is not sufficient enough evidence of ad-missal in court
@3: then i loled…
What would you guys do if ya wanted the money of poeple downloading your content?
of course set it under GNU GPL Licensing ;)
WRITE AN UNBIASED ARTICLE FOR ONCE!
The way .torrent sites/trackers/scenes are disappearing, they’ll be no swarms to infect & harvest. Then they WILL have to find another business model.
Scumbags!
Can anyone give me a damn link to put people on a swarm? I want to trick ‘em and make ‘em send letters to other people, and then SUE ‘em for lack of proof =)
Anyone got figures on how many people
have been fined worldwide so fAR for illegal downloads ?
If they ever nab me in one of these BS scams when I am innocent I will sue them to high hell.
I have already completely stopped buying any new Hollywood films.I am buying my films all used now.Hollywood and the MPAA will never ever get a dime out of me.
the rest of you should start spending your money elsewhere instead of feeding the pig !!!
So much for innocent until prooven guilty.
Just guilty.
What is the world coming to!?!?
gorehound is right! i even don’t buy used stuff…
if they only know that your IP was in a swarm, then they cannot prove you d/l or u/l ALL of the copyrighted item, but you may have only d/l and u/l BITS of it (sorry for the pun).
how does the law stand if you have random parts of a song/movie but not ALL of it?
either way i would refuse to pay and ask themto take me to court if t
ey have evidence to prove me guilty
“Anti piracy groups need to get a baseball cap and sit outside a liquor store like everyone else.”
And we should get baseball bats and pay a visit to this anti-piracy groups and their “Clients”.
stick to ur vpn’s and make sure u bind to the address given to u by ur vpn just incase she drops out ;)
They do this crap cause they go for ppl that don’t have money the money for a lawyer to fight them. Least in the US you can counter sue them if they never had the evidence and drop their case, the court has made them pay for your lawyer fee’s.
Screw them Im donating to a torrent site just to piss them off.
http://www.plentyoftorrents.com/donations#tip
No proof. That’s how you win in court I guess?
Continuing until Nesto is writing about ‘terror management and stereotyping’ again.
@20
No article can be truly unbiased. Even if it is unbiased in some people’s eyes, those people who are biased toward the “sharing is piracy” end of the spectrum will still think it is biased. The simple fact is: this is a site geared toward those of us who believe what copyright law has become is different than what it was originally intended. There are some of us who like to “try-before-you-buy” without having to be under threat of prosecution for something which is legitimate in other fields of business. There are also a few people who just like to get things for free, but there is nothing wrong with that.
So, certainly the site is going to have stories that are in support of the views of the people who visit it. Otherwise they would not visit it.
There are plenty of sites that support the other end of the spectrum. But do you know what? Surprise, they don’t get as many visitors! Even those who have the viewpoint that sharing is the root of all evil come to this side of the cause, to try and get people to change our minds. But guess what, the majority of people without the MAFIAA corporate agenda happen to believe in this side of the cause. And the other side of the issue is losing support all the time, all because of the dishonest tactics, like the ones above, that are used every day to extort people.
Read this story on what the five-o are doing to DJs in SanFran
Police seize DJs’ laptops
More bullying tactics!
There is unbiased. And then there is propaganda that will mislead people and have them end up in jail. Because a failed student wants to sell some T-Shirts. And some Swedish Nazi is providing him with a couple of bucks.
Try before you buy and getting things for free. Sounds similar to: you are only going to be taken to Auschwitz to work. Hitler also got a high amount of pageviews that’s true. Must have made him right about practically everything.
@ add2thefray
what you r saying is fight fire with fire. We can do propaganda because they can do it too. They extort so we can steal.
don’t wanna live in your world
Next time when you list the torrent sites again, could you please rank them by popularity? Thanks!
Nick is right. Maybe you should start writing articles about how Mininova is going to start legal download services.
can someone write something about how to introduce a torrent supported itunes? whatever happened with that bittorrent streaming thing?
I heard that VGA infringement letters are the softest for me butt when taking a crap. If I get one, I’ll save it for that time of need.
That’s what happens when jews are in charge. It’s all about the money.
The UK+US governments have used these companies before.They were the ones who found weapons of mass destruction in Iraq.Now its file-sharers.Is there nothing they cant find.
@29 how do we bind to the VPN we use
I find ipreadator drops out too much for my liking
this link here http://www.riaaradar.com/
Lol @ 41
Genius!
….I agree ;)
Let them take me to court, they wanna piss they’re money away…let em!
They will NEVER get a penny out of me, if i have to burn everything i own and become unemployed, so be it.
I work hard, i pay my taxes. If they want another person claiming dole and housing benefit, thats they’re call, ill be happily smiling away to myself knowing that no matter what measures they take, nothing will stop the “old” ways of communication from going down the toilet =)
A friend of mine is an accountant. Her company gets numerous bogus bills every month. She is persistent enough to verify every one and challenge all of them that fail. The senders of the bogus bills back down every time. It seems there is a slimy subculture of sending out bogus bills to companies because a lot of them just pay any bill that shows up without verifying it’s accuracy.
What this article sounds like is littel more than a variation of that scam. One main difference is that the false billing scam is easily covered up with a “sorry, just a mistake in billing”, while the other isn’t so easily glossed over if fought.
The automatic reply to any of these extortion letters;
Dear Sir/Madam
I am writing in reply to your letter of claim dated ——- stating that my connection was Used in an infringement of copyright, using peer to peer networks which allegedly. Occurred on the date ——- and concerns the work “———-” (“the work”).
You assert in your letter that the infringement was apparently traced to my internet connection. I note that I am not personally being accused of the infringement, as you have no evidence to this effect.
Nevertheless, I categorically deny any offence. I have never possessed a copy of the work in any form, nor have I distributed it, nor have I authorized anyone else to distribute it using my internet connection.
As you seem to be perfectly aware, it is impossible to link an IP address to a particular person or computer without further detailed analysis, which requires a level of expertise I do not possess. Furthermore the delay in your sending of a letter of claim precludes any such analysis. In your letter you state that “it is unlikely that a simple denial (without further explanation) will change our view of the circumstances”, unfortunately I do not have the expertise to provide a detailed explanation. As such I can only conclude that I have been a victim of foul play
As far as I am aware, there is no law in under which you could properly hold me responsible for an infringement occurring via my internet connection, without either my knowledge or permission. I would be interested to hear you legal basis for attempting to do so.
Please inform your clients that if they wish to pursue this matter, I will seek to recover all my costs to the maximum permitted by the Civil Procedure Rules.
The signature of the undersigned confirms the statement provided to be accurate and legally binding under the terms required by pre-action protocol in civil law.
Yours Faithfully
[Name]
If you get a letter send them something like that and they will forget about you and seek lower hanging fruit.
The VPA, attempting to profit from piracy; these people are the real criminals.
everyone should deff..check out
http://www.trackeraccess.org
I found it a while back and love it.
Reg…is open but not for long its a private tracker.
You must have linked the wrong .pdf. Nevertheless, it was very intriguing and convinced me that filesharing is indeed harming the record companies. It’s a shame the expert didn’t comment on the effect of DRM.
The trackers should actually start suing anti-piracy outfits.
@48: you are a tard. What are you, an RIAA operative? You don’t reply to these extortion e-mails. That lets them know, for starters, that your e-mail address is real and active, and that you’re concerned. It also leaves a friggin’ evidence trail.
Believe it or not, these things don’t tend to get sorted over a reply e-mail, however well-considered and thoughtful that e-mail may be. The language of the extortionists is force and $$$, not reason.
@# 53 PirateprideWW
Come on now. Everyone here knows from R M and Neo Stylez that RIAA operatives don’t post on weekends when they’re not on the clock.
True criminals at there finest.
reason-neo-and all resident trolles [intentionally misspelled] are just like the people on whale wars they are so wrong yet they have somehow convinced themselves that they are right.
So since Dr. Leibowitz’s expert testimony was a crock. Can someone sue him for perjury?
It’s true. I really f*cked up. :/
I should be sued.
Shalom.
So why don’t we get the IPs of all these scumbags – ACS:Law, VPA et al – and insert them into as many popular, high-profile swarms as possible? That way they all end up extorting each other.
@ 34 – agreed!
Although I’m starting to lose my will to buy even when I like. Way to go MAFIAA.
Still, I believe it’s the right thing to do so if I like I will buy.
piratepridewww, actually they don’t contact you by e-mail, at least they don’t in the UK. They contact you by snail mail after getting a court order to force the ISP to give them your address. However, if you reply using the letter in the post you criticised, which by the way is the proper legal way to reply to such demands and is the legal advice given by those fighting these scammers in the UK, then they will tend to drop it as not worth the trouble and go look for lower hanging fruit. Partly because they probably know that if it actually came to court their ‘evidence’ would usually be laughed out of court with a decent defence team. For in the UK, the only payments they have had so far is either where someone ignored their demands and were then taken to court and lost by default because they weren’t there to defend themselves, or where someone had got scared and just paid up to try and get rid of them. Unfortunately, just paying up is usually a very bad move for it rarely gets rid of them as it is usually taken as an admission of guilt and they come circling like vultures looking for more cash.
Kind of ironic that the big powerful dude comes up to the small, weak dude, shows his mighty weapons, and says “stick ‘em up,” while the small weak, unarmed dudes who are sharing with each other are considered “pirates” and “criminals.”
This sounds like it will be a very successful operation for the companies.
I would much rather donate some money to a site like plenty of torrents rather than give anything to anti-piracy organizations.
http://www.plentyoftorrents.com/donations#tip
@29 Again I ask how do we bind to a VPN ? Both ipreadator and itshidden loose their connection to you leaving us exposed when this happens .. Is there a way to solve this ?
Its worth pointing out that Video Protection Alliance uses an anti-piracy company called Nexicon http://www.nexiconinc.com to collect data. Some recent articles from Torrentfreak:
- http://torrentfreak.com/automated-legal-threats-turn-piracy-into-profit-090628/
- http://torrentfreak.com/tag/video-protection-alliance/
Looks like the founder/cto is this Tommy Stiansen guy:
- http://ww.nexiconinc.com/corpblog
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