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Copyright Trolls Auction Off €90 Million in File-Sharing Settlements

A German law firm has started an auction to sell the unpaid settlements of 70,000 alleged file-sharers to the highest bidder. The ‘debt’ belongs to people who thus far failed to settle with a copyright holder, and would be worth 90 million euros if recouped entirely. This controversial move opens up room for a new group of outfits to join the “pay-up-or-else” scheme – the aggressive debt collectors.

vultureIn recent months we’ve written dozens of articles on copyright trolls and their mass-lawsuits targeted at BitTorrent users.

The aim of these cases is to get suspected copyright infringers to settle for a few thousand dollars, in what we’ve dubbed a “pay-up-or-else” scheme. These settlement proposals are the core of every single case, and none of the copyright holders intends to proceed against the accused file-sharers in court.

Although we’ve mostly covered US and UK cases here at TorrentFreak, Germany is really the home turf of these practices. This year alone millions of people have been targeted for allegedly downloading and sharing copyrighted material in Germany, and all were asked to settle their debt with cash.

Unfortunately for the copyright holders, not all of the people targeted are willing to pay up immediately, not least because they haven’t shared the file in question.

To address this problem of unpaid settlements, German law firm Urmann has decided to find a creative way to get paid. Representing an adult entertainment company, they are selling the outstanding settlement demands of 70,000 accused file-sharers to the highest bidder. The ‘lucky’ buyer can then do whatever they think is needed to extract as much money as possible from those on their newly-purchased list.

The amount the 70,000 people are in ‘debt’ for is 1286.80 euros each, so the total in outstanding settlements up for auction amounts to €90 million ($120 million).

The target audience for this unusual purchase are debt collection agencies, who will undoubtedly introduce all sorts of harassing tactics and subtle threats to get as many people as possible to pay up. Needless to say, this turns these “pay-up-or-else” practices into an even darker scheme than they already are.

One of the companies currently going after BitTorrent users in Germany is CD Projekt, the makers of The Witcher 2: Assassins of Kings. Although there is no indication that they will go as far as selling their debt to collecting agencies, being involved in the settlement business doesn’t help their image.

It will be interesting to see whether the same debt collecting practices will also be tried in other countries such as the US.

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  • drunkard

    Its like their making a new industry after ruining the old ones…

    • Debt Corrector

      There’s nothing more fun than fucking with debt collectors.

      They usually try an assert all sorts of quasi-legal bullshit, so if you educate yourself, you can run rings around them, while they pile up the costs trying to chase you.

      Make it too expensive for ‘em and they give up and go after someone easy. Bad credit rating you say? Consumption credit is for fucking losers who want to pay a corporate tax on everything they buy.

      /endrant

    • Scary Devil Monastery

      That isn’t “like” – it is exactly what they are doing.

      They are selling potential extortion victims to whoever is sleazy enough to go down the ACS:LAW route.

    • wombats

      thank god i live in australia that practice is against the law here
      in both speculative invoiceing and bedt collection that is unproven!
      you have to have total proff before anything can be done!

  • Richard Gailey

    Wow. What a bunch of Chancers.

  • Anonymous

    EUCJ should jump on this and rule that it’s illegal, as it is nothing more than a auction derived from scam practices!

    • Anonymous

      You are right about that when this “harassment list” is something that the EU should ban the sale of.

  • milrtime83

    Seems like any debt collector that buys these could pretty easily be convicted of some kind of fraud if they start trying to collect on what they know aren’t legal debts but only proposed settlements.

  • Mouse

    You can’t collect a disputed debt

    • None

      depends on the country you live in

      • Anonymous

        No I expect that one is quite universal. A debt does need to be proved if not enforced by a court order before it can be collected. A dispute casts doubt on the sum to be collected if there is a debt at all.

        There are exceptions like the Philippines is one of the few countries where people can be jailed for debt. This is no official system either when the Police are corrupt and the loan shark pays them to jail people who fail to complete their repayments until their family pay the loan shark for their release.

        The Philippines is a largely corrupt society which is why poverty is rampant and society cannot improve until corruption in Governmental departments is ended.

    • Invalid

      Exactly this: Dispute, dispute, dispute!

      In the end they have no other choice that give up or take it to court. If they have to take all their cases, or even few of them, to court the profit is gone.

  • http://www.facebook.com/people/Don-Dilly/1624894683 Don Dilly

    hmm A debt has to exist before you can sell it and by the sound of it, liability has never been proven in court.

    There is no way I can see that any ‘buyer’ of these debts could ever get a penny as to gain payment they must have a possibility of taking the person to court and they do not hold the rights to the films.

    Even if the rights/exclusive license were transfered, their entitlement to sue would only be for issues after the date of transfer ie not for the existing pile of claims.

    So cant see what is for sale other than bluff as no license and no proof o liability.

    • Invalid

      They are selling the right to collect the sum of money, not the right to represent anyone in the original scam collection. In other words only the “debt” is sold, and all powers are derived from those of the seller of the debt.

  • NJH

    and buying debt has worked out so well recently too! good luck with that!

  • Anonymous

    I can only wonder if these copyright sharks were born with some stupid gene?

    Well lets cover the flaws in this auction when they obviously like to treat it like some bank or credit card debt that can just be passed from company to company.

    The biggest problem is that in any copyright infringement case the actual copyright owner has to be present in court and no third party shark will do. There is no mention here of the infringed titles nor any contract with the copyright holders obligating them to a court appearance.

    That is of course the “law serious” view and copyright sharks are not that leading to the harassment of speculative invoicing. You can then rest assured that these 70,000 people are quite aware folk in that their claims have no merit and their letters are toilet paper class.

    So all they are doing is selling off their crap to any company who wants to hunt a pile of bones for some ultra rare meat. Can you even put a price on that?

    Well the most productive option here is to sell to the real criminals when the old fashioned method of breaking their windows, if not their kneecaps, is about the only method to exhort and blackmail funds from these victims. That is my real concern here when we can already see real criminals using false speculative invoicing claims in places like Greece. So criminals are the group who would see most value in this auction provided they have the means to enforce payment.

    So let us hope the company doing this auction at least does a background check and exclude anyone with a history of violence or other serious crimes. This is not to forget a high data protection policy,

    • http://torrentfreak.com/ Rob8urcakes

      Since we’re all so wealthy, affluent and concerned for the welfare of CopyWrong holders lol – maybe we should should just pay up on their first demand and get it to go away, as well as think ourselves lucky not have been a jailed piece of ass for the real criminals.

    • None

      [quote]The biggest problem is that in any copyright infringement case the actual copyright owner has to be present in court and no third party shark will do.[/quote]

      Different countries, different rules…

      • Anonymous

        That is true but I doubt that any of these speculative invoicing cases have yet gone to full trial when they only subpoena the subscriber details. ACS:Law makes a good example of why a trial is a bad idea no matter what country.

        Well even if a personal visitation by the copyright holder is not vital then at minimum they do need to be part of the action and to give their approval.

        That though is a bad idea. Using my legal knowledge then a defendant can claim that they have been denied the right to defend themselves when the copyright owner is absent and therefore cannot answer to their dispute and questions. They can then ask the case to be dropped due to compromised defence.

        I would stick in unlawful rescission as well to annoy them further.

  • Anonymous

    tinyurl.ie/7fb

  • RIAAtarded

    it isn’t a debt to sell you’d need summary judgement against them all which isn’t the case here. If they sell these without that then it is extortion plan and simple. IP doesn’t equal a person and as we’ve seen their collection methods are less then accurate. About time the government stepped in they’ve sued fax machine, dead people etc with a track record like that how in good conscience can you pass that off to anyone?

  • DRuNKeN MaSTeR

    If I had the money, I’d buy it then drop all the cases (with or without prejudice, I’m not sure which one it is), so that they can not be opened again.

    • Anonymousse

      The problem with this is that although you have good intentions, you’re filling copyright trolls’ pockets with cold, hard, defrauded cash. This would only open the door for all the other trolls to do the same, as it will be seen as extremely profitable!

    • It’s a fit-up

      Why would you want to reward these scum as paying them would make it certain they do the same thing again to others?

  • Anonymous

    Selling debt? Now why does that sound familiar?
    …Oh yeah, securitization. Let’s hope it hits copyright trolls as hard as it does banks.

  • Prh_99

    It’s going to be really hard to collect considering the debt doesn’t actually exist, as they don’t have a judgement against these people for the amount their asking only an accusation of copyright infringement and a letter demanding settlement for these alleged infringements to avoid a lawsuit for some arbitrary amount of money.

  • Reader

    Wait.. someone is selling off private information about people?
    How does this not break several privacy laws ??
    Aren’t the court orders granted to obtain such information from ISPs in the first place only granted for the initial person/company that requested it?
    Is it still legally obtained information if it’s bought from someone?

    • Anonymous

      +1, exactly what I was thinking. I’m curious as to how they’re going about trading this info.

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  • Anonymous

    In the US, aside from the obvious problem that there is no debt to collect, this would presumably run into the same right to sue transfer problem that brought down Righthaven. Without a judgement there is no debt, so aside from just calling/mailing and demanding money (which might very quickly get the collector in trouble for fraud and extortion without a pending lawsuit or judgment, particularly mail fraud), it seems the only ‘legit’ option for anyone buying these settlement demands would be to go and file suit themselves. I suppose I can see that happening, given the explosion of copyright trolling in the US by former divorce, bankruptcy and personal injury attorneys, it would almost be comical to see the first-round copyright trolls indulge in one last scam by reselling their now-useless suits cheap to second-round copyright trolls with even less idea what they are doing. I can also see some bonehead ambulance-chaser buying an absolutely massive amount of potential settlement/judgment awards for pennies on the dollar and then going out and harassing people. But again, if Righthaven was taken down because a court found they could not transfer the bare right to sue, unless rightsholders in the US are willing to transfer their copyrights as part of a similar package this may not last long.

    Anyone know why German is ground zero for these scams? Is it something about their IP laws or legal system? I tend to take for granted that America is the most litigious, legal-scam happy place in the world, so it always surprises me that the innovations in this area are coming from Germany. Even some of our American copyright trolls like Copyright Enforcement Group appear to be backed by German puppetmasters.

    Also, great show of confidence by the trolls in their own scam. This is essentially an admission that all these settlements are worthless write-offs they will no longer be pursuing themselves. One potential angle that wasn’t covered in the article is this may be something they have to go through for tax purposes, to be able to claim a loss on legal efforts that did not bear fruit. Would be interesting if someone familiar with German law could comment.

    • Dan

      > Anyone know why German is ground zero for these scams?
      > Is it something about their IP laws or legal system?

      It’s extremely easy in Germany to receive the internet subscriber’s ID assigned to an IP adress. The law scam firms just have to submit a list of (thousands of) harvested IP/date combos to a court of law. If the court approves the lists, internet providers are then forced by law to give out the details. If they have logs. Unfortunately, most keep logs for at least a few days, the law firms then quickly send a “quick freeze” demand to the provider that forces them to keep those logs.

      The problem is
      a) our courts who simply are drowned in those IP lists and just wave them thru without ever questioning their accuracy
      b) the law that gives every right holder the power to demand “internet subscriber IDs by IP” just by claiming “he stole my intelectual property”. The “proof” usually comes in a signed legal document provided by the IP harvesting company. It is usually signed by some random employee (usually never to be seen ever again).

      Also historical reasons why it’s so rampant in Germany. It was “invented” here by Digiprotect and it’s founder Moses Pelham (infamous “turn piracy into profit”). Well, someone had to be the first…

  • Alyssa Blindy

    That’s some odd practice. It is like, if Macarthy had sold his list of communists to other people so they can do whatever they want with the list. So strange and odd.

  • Anonymous

    Hey guys, the president owes me a couple hookers and a line of cocaine, and I’m auctioning off the right to collect. Any takers?

  • Anonymous

    tinyurl.ie/7fb

  • SororPisces

    What drove the Great Depression? There were several factors, but the biggest was rampant speculation. Allow me to rephrase: RAMPANT SPECULATION. Book value way beyond real value. Perhaps these idiots should be allowed to sell “debt” to the highest bidder. The buyer can then sue the seller for fraud when they don’t get the money they expect. Divide and conquer.

  • Mwhahaha

    Can you buy your own debt for less than it’s worth?
    Might save yourself a few bob there.

    Keep hounding yourself with threatening illegal letters until you pay up.
    Make a profit!

    Just a thought.

  • Anonymous

    phlpn.es/829r8s

  • Shadowpen355

    Surprisingly none of the usual trolls have responded with glee. Y’know, with their usual “zomg life + 95 years and a piss-poor public domain is nothing compared to the rampant piracy that is eating our economy sixty times over so we gotta be MOAR UNBALANCED” rant. Maybe they’ve realised just how unsavourily these things can be enforced now that its come to the point where Achilles’ tendons can be snipped with no form of legal redress.

    …Nah, who’m I kidding? They won’t have a drop of pity. Pity is not something that exists in the dictionaries of IP maximists.

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  • Anonymous

    phlpn.es/829r8s

  • Benjamin Stroud

    Oh, and where are all the hoots and hollers about how corrupt and ignorant the German people are? When this happens anywhere near US soil it’s a free for all of pot shots against Americans as ignorant, fascist rubes.

  • Torrentfreak

    Turning over to a DCA is a sign they already lost and have no legal backing. I love when this happens because then I get to have fun.

    Whenever a company asserts “Pay up… or else” I always choose the “or else”.

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