GetAmnesty.com: MPAA Extortion at its Finest
Written by Ernesto on August 27, 2007The MPAA and their fellow anti-piracy organizations send out thousands of infringement notices. Only a fraction of these are played out in court, and those that do make it into court are settled at an early stage. So why not circumvent the whole legal system, and gently coerce people to pay for “amnesty”?
This is exactly what the suits at the MPAA must have thought, because they asked Nexicon to develop a program to convert infringement notices into cash.
The GetAmnesty program is a combination of both enforcement activities and efforts to turn infringers into paying “customers”. It tracks down copyright infringers by using a wide variety of methods. But, instead of sending out the regular infringement notices, they now include links for people to get amnesty. Basically they are asking to pay them an X amount of money, and they promise drop everything and go away.
Here’s what you read on the website, and allegedly in the infringement notices:
If you receive a notice that means that we have evidence of you infringing a copyright holder that we represent. Please stop and consider what such a paper trail could do to one’s future. We understand that this notice may come as a bit of a surprise to you, but we sincerely believe that signing our agreement is in your best interest.
I’m not sure how we’re supposed to call this.. extortion? Intimidation? They are clearly trying to scare people into giving their money to the copyright holders without clear evidence.
They might have an IP address, but this doesn’t mean anything. The MPAA, or any other anti-piracy organization can’t sue someone simply because he or she pays the bills for the internet connection. Several cases (example 1/2) were dropped already because of this argument. An IP address is not a person.
Andrew Norton, a spokesperson of the US Pirate Party, said in a response to TorrentFreak: “These efforts to continually alienate their consumers will not do major rights holding groups any favors. Programs such as this are thinly veiled extortion efforts, and represent further efforts by media cartels to shore up their crumbling business models by intimidation, and violation of users rights.”
Norton continues: “It is impossible for any program to determine if something is infringing copyright, or if it comes under fair use. With the recent probes into the john-doe lawsuits and their usage, it is clear that this is a pathetic new method to try and shore up the outdated perceptions of the rights holders, rather than trying to adapt and change to suit the times. It is no longer the 1940s, and unlike FM, media conglomerates cannot wish or bury the internet, and modern technology.”
The MPAA and other content owners will use these methods because it’s an easy way for them to make money, and they save quite a bit on legal costs too. In fact, the RIAA already uses a website called P2Plawsuits where people can settle their cases online. I seriously question the legality of these extortion tactics.
GetAmnesty.com was launched a few days ago. If people receive infringement letters with links to this site, please contact us. In the meanwhile you might want to take a look at what SiteAdvisor says about GetAmnesty… Phishing or other scams … and that’s exactly what it is.
Update: The MPAA oficially denies having anything to do with GetAmnesty.
Previously: TorrentSpy Blocks Searches From US Visitors
Next: Congressman wants ISPs to be Copyright Police
70 Responses (Add yours or TrackBack)
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Oh boy, am I looking forward to a s#!tload of spam from idiots trying to copy this scam.
“Getamnesty.com is NOT in any way commissioned or sanctioned by the MPAA, their members or affiliates.”
Somehow I can’t find the part of the artcle that claims otherwise.
Hey Learn_To_Read…
So why don’t you quote the section of the article that shows express support from the MPAA…
Did you even try call the MPAA? or Nexicon?
Or are you afraid to get the factss from the horses mouth??
Or are you going to force me into my 1st Grade taunt (Bok Bok…Bok Bok)
DYH
[quote comment="154493"]Ernesto &Ye Likeminded Gentlemen,
I strongly urge you to do your homework before you spout off such specious speculation. Getamnesty.com is NOT in any way commissioned or sanctioned by the MPAA[/quote]
I’ve heard from an insider (trusted source) that the MPAA is behind this. Besides that, the press release says: “Nexicon developed the GetAmnesty(TM) Program at the suggestion of a major copyright owner trade association.”
I’ve done my homework!
Ernesto,
I think you might have this one wrong amigo. I said wtf and just called the mpaa and the dude was pretty cool. I told him my name was “Ira Goldstein” but I really I wanted to say Haywood Jablomie LOL. He said he heard of getamnesty.com and Nexicon but there was “no association” and that was not there strategy anyway. He said there are a lot of companies that come up with all sorts of ideas they pitch to them and when turned down try to do PR stunts to bring them to do business. I asked if he thought this is what was going on with getamnesty.com, he said he does not speak for them Finally, I asked him about the website p2plawsuits.com and he said that was the riaa which is pretty obvious when you look at the site, and they dont have any plans for anything like it.
You may want to check your sources bro, or just call the mpaa yourself.
vaya con dios,
jorge rivera
somewhere in the southwest
[quote comment="154872"]Ernesto,
…[/quote]
I rather trust my source than the PR department at the MPAA. Funny by the way that he heard about getamnesty because the news about this site was only featured here so far.
Alright Ernesto,
Let me take the high road since Torrentfreak has “moderated” my last two post attempts for its obvious contempt and sarcasm…but not because it was untrue. (Do your readers know you actually conduct acts of censorship of the ilk you so decry from just about every organization that vigorously pursue their copyrights.) Since such tone is frowned upon and for so feared it is not allowed to see the light of day, I shall keep it neutral/postive.
First, let me applaud PeacePoorPirate’s courage for calling the MPAA. Frankly, Ernesto, I am at a loss as to why you will not follow suit. I believe you consider yourself to be credible journalist bringing to light the ‘chilling effects’ of the dubious actions by powerful ‘rights-holder’organizations that use their financial might and political sway to ususrp individual rights. However, I just do not see that as license for you to purvey (IMHO) substandard effort as gospel.
Here is a great article about the similarities between methods in science and journalism: http://www.facsnet.org/tools/sci_tech/methods.php3. It states that both have ‘Rules of Evidence’: “Journalism generally requires at least two, preferably three sources to produce a viable news story…The rules of science are more rigorous and require, if not more sourcing, more testing of a theory to prove its validity.”
Furthermore, I assume you can draw upon your own anecdotal experience when reading a piece of investigative journalism, and recall a story that could translate to you article something like “The MPAA’s John Malcolm was reached for comment and claimed no current association with getamnesty.com or Nexicon” and “Nexicon did not return calls for comment” “However, sources (remember, rule of evidence require at least two)” say there is an association” My point here is that the parties in question are always contacted and given the chance to comment. Anything short of such an effort, will, at best, be regarded as unverified, hence not fully credible.
I only tell you this because I happen to know your facts are just plain wrong.
A ’suggestion’ is neither a contract nor an endorsement. What makes your claim so specious (http://en.wiktionary.org/wiki/specious) is that the RIAA does conduct a similar operation via https://www.p2plawsuits.com; which is pretty clear that the ‘evidence’ collected comes from the Internet Anti-piracy firm MediaSentry. Even BayTSP has a similar offering to rights holders (http://www.darkmirage.com/2007/08/28/baytsp-to-the-rescue/)
You give Nexicon WAY to much credit. Take a hard look at them and you’ll see why I say that.
Since I have chosen civility over ridicule, I urge you to choose journalism over tabloidism and do the right thing by following the ‘Rules of Evidence’ before you continue to perpetuate your claims.
Cordially,
MNG (Formerly DYH)
Thanks for the kind words Mr. Nice Guy.
Every comment with more than 2 links is kept in moderation to prevent people from spamming, don’t take it personal. I hope you don’t mind that I removed the duplicate comments.
It can take a few hours before I check the moderated comments because TF is not my full-time job. In real life I’m actually scientist, you remind me of those nasty reviewers of high impact journals I have to deal with every now and then. ;)
“A ’suggestion’ is neither a contract nor an endorsement.”
I never said there was a contract, but I agree that the title is a bit misleading in this regard. I’ve updated (after I called the MPAA) the post and added that they officially deny having anything to do with this.
I e-mailed Nexicon and GetAmnesty to days ago, but haven’t heard back from them.
yours faithfully, Ernesto
Ernesto,
Thanks for:
1) removing the embarassing (blush) duplicates.
2) going the extra mile to verify your soucres.
Indeed, such acts demonstrate you are a man of integrity.
All the best!
MNG
Oh i would love to bring this to court.
Them–This isnt extortion
Me—”So your saying that if i call you up and tell you that I have pictures of you cheating on your wife with a las vegas hooker and I ask for money, thats not extortion either?”
Victory is mine! lo
you may be laughinalltheway to the courthouse. Nexicon signs another movie studio with many more to come.
which movies studio???
Fox?
Sony?
Universal?
Disney?
Paramount?
Lionsgate?
WB?
go ahead send me cease and desists or is it a “bill” …i’ll send you my laywers. what nexicon is doing is illeagal here in the EU. check logistep. i don’t think it is going to work with DMCA in USA either.
your buisness model is broke..go sells you pos penny stock somehwere else. lol.
people in the US are going to get your wish. Oh and for dessert they get a summons also.
hey nexiconian
summons ehh?
and where is (are) nexicon (you) going to get the personal info to serve such to the ‘pirates’ from?
i suggest you familiarize yourself with the DMCA and the mechanics of “good faith” C&Ds. If the intent is profit not enforcement vis a vis the C&D process…nexicon is going to have some ’splainin to do if they ever get to court. but i doubt it will even get that far since most isps will bit bucket the notices for their lack of good faith.
a predictable retort from you might be that nexicon’s lawyers have already green lighted the scheme. just wait till the eff comes slap them down in the defense of an alleged pirate. does nexicon, a cigarette sellin’ shit penny stock company with worthless management, really have the resources to follow though on a protracted legal battle. take a look at the fundamental financials…oh that’s right they have not filed them for any part 2006 or 2007 a sure sign of strength??? when becomes rapidly clear, as if it is not obvious already, that nexicon is a paper tiger shakedown outfit, their (your) threats and will be as meaningless as fart in the wind; and futhermore of zero value to customers and foolhearty shareholders alike.
my words may not be enough to destroy or even soften your miguided resolve; but know this nexicon has already stepped over the line in so many ways with getamnesty.com that their credibility in any legal claim will be undoubltedly impeached…and there aint any goin’ back.
this is the last desperate voyage of the ship of fools that is nexicon, i highly recomend you jump off now.
sorry for got the extra piece of advice in the second paragraph, first sentance:
“i suggest you familiarize yourself with the DMCA and the mechanics of “good faith” C&Ds…BEFORE YOU CONTINUE TALKING OUT YOUR ASS”
don’t you forget your life raft now.
I really don’t read anything in the DMCA that protects people who illegally distribute copyrighted materials.I do think your correct to argue the legal merits because that is what it will come down to should the people who broke the law decide not to pay for the stolen materials. your doubts concerning Nexicon ability to go forward are unfounded Nexicon will do what its says its going to do. Even though not directly involved in getamnesty.com i wonder if their coustomers the MPAA and SIIA might not have a rooting interest not to mention those associations members. When the smoke clears we will see what happens.
the 1st sentance of your reply is a classic red herring. indeed the dmca spells out the legalilities of file sharing, but it’s not such a bianary issue. there is plenty of nuance for attorneys to wrangle over.
what you blinded yourself to are the isp safe harbor provisions of the act that have to do with the good faith nature of c&ds and the language they must contain; and furthermore, how isps are pretty much free to practice their own interpretation. i just don’t see many passing on nexicon’s getamnesty “bills” to their customers; and there is plenty of wiggle room for them to give nexicon the finger and forget they ever existed.
now they could attempt to subpoena customer records as the riaa has, but then again nexicon’s resources are pretty much the polar oppopsite of the trade association of 4 mutibillion dollar companies.
regardless, as i mentioned before, nexicon has already committed unforgiveable sins, that will render their credibilty as utterly impotent in any court.
lastly, are mpaa & siia still paying customers?? really?? i’ve heard that both organizatron discretely severed all ties to company. nexicon was a shooting star in this business, that i was disappointed more than a few times at their repeated shortfall on promises. most mainstream rights holders now see nexicon as nothing more than smoke and mirrors.
Spout all the bullshit you want about “getamnestys” effect on the illegal distribution of copyrighted material but making blatantly inaccurate statements about Nexicons
current coustomers is libelous. You have heard nothing. Both are still coustomers. Though the may not be directly involved in “makepiratespay”.com I mean getamnesty.com.
hold the phone…let me make a few calls…
mpaa…nope not any more…and the author of this story found out: “The MPAA oficially denies having anything to do with GetAmnesty.” i got a little more from them, but i feel compelled not disclose that out of professional courtesy.
siia…left a voice mail with my man there, but i am familiar enough to stand by my claim.
there is one rumor, and it’s only that right now, i picked up from irc. it’s about the nature of “motion picture studios” nexicon signed for getamnesty. they are of the kind that has not releasd many theatrical features since the vhs spurred home emtertainment boom of the 80’s. if it’s true…i am pretty sure mainstream copyrightholders will find getamnesty just a little to sticky - if you know what i mean - to deal with.
all of this matters none, because you refuse to see nexion’s real fatal sins.
There are no claims of the MPAA being involved with Getamnesty.com. Should the MPAA deny any business relationship with Nexicon that could materially effect the stock and that would also be libelous. They would never do that. If they still do businesss with Nexicon.
true, there were never any direct claims of the mpaa’s involvement, but the orginal getamnesty release from nexicon implied at least such, or perhaps the siia; which led to wild speculation purveyed by this site. the more recent releases rferring to two “motion picture studio” signing on to the getamnesty program, have nothing to do with the mpaa or its members, the 6 majors, save lionsgate, mentioned by your eurodetratctor above.
the mpaa rarely discusses its relationships with its ap vendors publicly, which has served nexicon very nicely i assume…and probably has not felt to compelled to comment on its parting ways with nexicon since they did not produce one lick of public acknowledgement when the relationship began. they did promote nexicon as the next best thing in our “community”, but as i mentioned before, the long term results never materialized and never cease to disappoint….and none of their people were ever very well liked either.
as far as material effect on stock, and i know very little about such things, but what duty does the mpaa have about proactively informing the public about the current nature of their relationship with nexicon? I would think that is the responsibility of nexicon’s management. I would also guess, if what you say is true, given their other hamhanded egregious sins…there will be some more ’spainin to do, perhaps to the sec this time.
you said
“They [mpaa] would never do that. If they still do businesss with Nexicon.”
you can call the mpaa & ask the last time they cut a check…there is a very nice set of instructions on post #22.
or why dont you talk to your friends at nexicon to clarify there position since it would be so “material” to your current opinion.
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