Pirate site uses web hosting site with fake testimonials in order to process MONEY for copyright infringement

From the “What Do We Have Here?” file:

We have recently been dealing with a site that has been trading in the content of one of our clients and despite numerous DMCA notices, the site refused to remove the infringing content.  Now before you assume our client is some big corporation with oodles of money, I should tell you that the client in question is a single individual, who made an amazing and heartfelt documentary about his trials and tribulations as an independent contractor in a very rough and tumble industry.  It was received tremendously by fans and critics and was financed via Kickstarter donations and every copy sold was literally handpacked and shipped by the filmmaker.

So in other words, spare me the “MPAA is a corporate monopoly blah blah blah” arguments.  This is a small business owner we’re talking about here.

Anyway, so we sent this site numerous DMCA notices, yet no response from the site.  We DMCA’d their host (Luxembourg-based Root.lu) who also ignores notices about copyright infringement.  So we were forced to take other measures.  The first of which was to hit them where it hurts – their wallet.

You see, this site sells access to these pirated materials.  Using the false pretense of “just covering server costs” the site solicits “donations”.  For a fee you can have access to terabytes of content from other small businesses.

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So we notified their payment processors which initially included Paypal, Webmoney, and Google Checkout.  Paypal cancelled their processing, Webmoney eventually did too, and finally Google Checkout.

This didn’t deter these guys from continuing to try and profit from the hard work of others.  Their next move was to remove the public donation options and try and hide just how they were processing money.  They required would-be donators to Private Message the owner of the site and ask for the process to go about making a donation.

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So using an undercover account we Private Messaged the admin and asked how we can make a donation:

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So we checked out the site referenced by the admin:

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Looks legit right?  But apparently according to the admin of the piracy site, this is a front to process payments for the copyright infringement site.  But it got us curious as to all the other information on that site, I mean after all – there’s freaking testimonials and everything.

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So let’s check out those testimonials.  The first one from John Shipley seems nice.  Let’s throw it into Google and see what comes back:

Google results of John Shipley’s testimonial

Wow!  Apparently John gives a lot of hosts the EXACT same testimonial:

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(from: http://allwebco.com/testimonials.shtml)

And here:

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(from: http://www.jsshosting.com/)

Apparently it’s a family affair – here’s Peter Shipley’s review:

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(from http://www.reviewcentre.com/reviews170165.html)

Well now we can see that John has converted to Islam:

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from (http://inodes.us/clients-testimonials/)

And then he reverted back to his christian name, except he lost a -y in the process:

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from (http://www.v7n.com/forums/web-hosting-forum/127855-best-web-hosting.html)

I think you see what’s going on here.  There are dozens more of John/Peter/Zulfiqar‘s testimonials on oodles of web hosting sites.

You can do this for every single “testimonial” on http://grand-host.org/testimonials.html

The best part might be this from Grand Host’s Privacy page:

Grand-Host is committed to developing long lasting relationships based on trust. As such, Grand-Host will do everything in its power to ensure that your right to privacy is maintained and protected. Our Services are not directed at children under 13 years of age.

One would have to wonder how much trust you can put in a company with fake testimonials.

Well as it turns out, the reason why these “testimonials” are the same for so many web hosting sites is that instead of using real customer testimonials, these sites are using a template:

http://www.websitetemplatesonline.com/free-template/grand-host/templateinfo.html

So it’s not even clear that Grand-Host.org is even a real company, or is merely a front to be used to launder the money derived from the piracy site.  Both sites are registered to the same individual:

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This also begs the question of how legit the other sites are that are using the same fake testimonials.  But that’s a whole other question for the FTC to decide.  And then again, this site isn’t hosted in the United States.  Plus we wouldn’t want to deprive this site of their ability to use fake testimonials lest we want to hear from the copyleft how this is the exercise of free speech and how much better the internet is because you can launder money through what might be a fake business with fake customers in order to profit from someone else’s work – what piracy apologists would describe as “innovation”.

Needless to say, we will continue to put pressure on this site, though at this point our suggestion to our clients is to start looking at litigation as a possibility.  Using a US-based company (Google) to launder money to support your copyright infringement site seems to be just begging for a lawsuit.

And yes, this does pass the Office Space definition of “money laundering”:”

“To conceal the source of money…as by channeling it through an intermediary.”

If I was the owner of this site, I’d be hoping to not wind up in “federal pound you in the ass prison” too.

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“Nobody told me I COULDN’T pirate it”

Recently we were alerted to a site using video footage from one of our clients movies on a Youtube-esque website.  The client had not given this site permission to use this footage and they wanted us to send the site a DMCA notice.

Upon inspecting the site we noticed the following things this site was doing that were highly questionable:

1.  The content was not “user uploaded” but was uploaded by the site owner himself (the site owner would later confirm this in an email.

2.  The site had no registered DMCA agent with the US Copyright Office.  Not that it would help with every other thing they were doing wrong but if you’re going to be in the business of using other people’s content, you should register a DMCA agent.

3.  The videos uploaded by the site owner had had their original watermarks overwritten by one placed there by the site owner that advertised not the content owner, but the infringing site.  Removing a watermark is pretty cut and dry copyright infringement.  See here.

4.  When confronted about these actions the site owner claimed he was an affiliate of the content creator and thus this gave him the right to use any amount of the footage as he wanted to.  He then claimed he “forgot” to add a banner for the affiliate, but that he would add one immediately.  Note: there were several other infringing videos on the site, nearly zero having affiliate banners.  It’s easy to see he only added the banner after being caught.  Though he still was using a full length chunk of the movie, nothing close to “promotional” content.

5  When asked what made him think he could use any length of material he wanted without getting the permission of the copyright holder he replied “No one told me I couldn’t use that much of the movie”.  I believe in legal terms he’s attempting the willful blindness defense which I think ranks right up there with the “Chewbacca Defense” when it comes to a sound legal strategy.

This is a person running a for-profit website that makes money off of copyright infringement.  I can’t believe they actually ran this business plan by any sort of lawyer, but in their emails to us, they acted incredulous that we would have the nerve to call them out.

Just another example of the egregious exploitation sites like this engage in every single day.  And there would be a line of ideologues a mile long ready to defend this guy with hollow arguments about DJ remixes, copyright terms and claim this is somehow “fair use”.

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Updated Stats – Now over 15 million infringements removed.

Check out our latest stats update.  We’ve now removed over 15 million copyright infringements.

http://takedownpiracy.com/stats

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November stats update

Just updated new stats through November 2012.

http://takedownpiracy.com/stats/

Over 13 million now.  Might get close to 15 million by year’s end.

Of note, we’ve passed 2 million torrent files removed, which is noteworthy since there is a false perception out there that torrent sites don’t remove.

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An email that was actually a breath of fresh air

Normally when I get emails from a reader of this site, it’s a hater.  Sometimes it’s an ASCII art middle finger, other times it’s an insult on par with the zingers my schoolmates came up with in sixth grade.  But every now and then….every now and then….ya get a breath of fresh air.  This is one of those examples.  To protect the innocent the name has been changed:

From: Pootie Tang <sineyopity@gmail.com>
Subject: Curiosity

Message Body:
Hi,

My name is Pootie Tang, and I’m not a journalist or hate-mailer, just a curious college student. Every day I check the news on various websites (Youtube, Reddit, different blogs, this site), and daily there are new stories about how terrible copyright is, how awful the enforcement polices are, etc. Your site is the only one I’ve found that says otherwise on a semi-regular basis, but unfortunately not as often as the other sites. Your site also seems to have more statistics than stories, but sadly I am more curious in the stories than the numbers at the moment. I was wondering if you would share the success stories of copyright law and its enforcement (and/or your opinion) with me, either by email or just more often on this website, or even other sites you know of that update regularly. In case you’re curious why I am doing this, I like to keep a balanced view of the world and feel that my perception has been skewed by increased negative reviews of these laws. I also don’t care if you share this email with anyone, I just request that if it is in a public place my last name and email address are redacted to prevent the hordes of internet morons from ruining my life for wanting to keep an open mind. Thank you, and I look forward to hearing from you.

~Pootie Tang

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Colt Cabana, Nigel McGuiness and supporting great causes

Please bear with me, this is going to be a long post but a good one.

I make it no secret that I love professional wrestling.  I grew up watching pro-wrestling like so many of my friends.  We never worried about whether it was “real” or not, it was fun and entertaining and when you’re a kid, that’s all that matters.  As I grew older, I knew it was a scripted show, but that didn’t diminish my enjoyment of it at all.  I know when I go watch The Dark Knight that it’s scripted too, but you suspend your disbelief to be entertained.  But as I began to learn more about the business of pro-wrestling, I learned that it is “real”, in that these guys destroy their bodies doing something that they love to entertain millions.  They deal with inter-office politics just like the rest of us.  They have kids, they have families and often times being a pro-wrestler can put you at odds with your family.  There are successes and there are failures.  Triumphs and hardships, both in front of the curtain and behind it.  Knowing that gave me a new-found respect for the art.  The art of your job being to make 20k fans think you’re laying a hurting on your co-worker, while your number one priority is to not hurt that co-worker.  The art of one man making 20k people hate his guts just so they’ll adore his opponent, that opponent being his co-worker and friend.  Pro-wrestling has given me a lot of enjoyment over the years, and outside of spending money on it, I hadn’t been able to give much of anything back, but that was going to change.

Continue reading

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Enet Inc. US-based ISP ignoring DMCAs?

I’ve sent many DMCAs to Enet Inc, and a strange thing has happened….absolutely nothing.

This is strange because Enet appears to be a US-based webhost.  Surely, a US-based webhost wouldn’t ignore DMCAs, doing so would subject them to considerable penalties and loss of their safe harbor.

The piracy forum Mastiya.com is hosted on the IP address: 209.190.121.234

http://geoip.flagfox.net/?ip=209.190.121.234&host=www.mastiya.com

Apparently that is a eNet Inc. IP address.

Mastiya is well known piracy site, according to Google’s Transparency Report:

http://www.google.com/transparencyreport/removals/copyright/domains/mastiya.com/

With big copyright holders like Warner, Universal and Fox all reporting Mastiya URLs to Google.  I’m sure Enet wouldn’t want to be in the crosshairs of ignoring their DMCAs too, right?

According to Enet Inc’s website, their abuse address is abuse@ee.net (http://ee.net/abuse.php)

Yet emails sent to this address never get a response or action.

I can’t even find Enet in the US Copyright.gov’s list of Online Service Providers, another required act for those wishing to have Safe Harbor.

So as far as I can tell Enet is not in compliance with the DMCA.  If that were true then it would be open season for copyright holders to sue them.  Not registering a DMCA agent and then ignoring DMCAs won’t look good in court me thinks.

If Enet is reading this, feel free to contact me, I’m dying to know why I’ve never received a response to any DMCAs I’ve ever sent you.  I was going to email this to you but since you ignore all my other emails…well you know.

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New stats updated

Just updated new stats through October 2012.

http://takedownpiracy.com/stats/

Over 12 million infringements removed now.  And we’re currently #3 or #4 on Google’s all-time list of infringement reporters.  Right up there with Microsoft, the MPAA and BPI.  Pretty impressive.

It took us about 2 and a half years to reach our 5 millionth infringement, and then this year alone we topped 7 million.  We are constantly working to improve our methods and systems and I’m proud of our track record.  Where numerous other anti-piracy companies have cut corners and been sloppy, we’ve worked hard to make sure we’re accurate in everything we do.  It’s not easy to keep up with the rampant piracy and exploitationists out there who are constantly trying to find new ways to avoid respecting the hard work of others.  But we are getting better and better every month,  and while I wish there wasn’t this much piracy in the first place, I know our clients are better off with 12 million fewer pirated versions of their works out there.

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Takedown Piracy Holds #1 Spot on Google’s List of Top Copyright Infringement Reporters

The Popular Anti-Piracy Company Moves Ahead of Microsoft Corporation for Most Reported Infringements in July!

July 18, 2012 — CHATSWORTH, Calif. — According to Google, Takedown Piracy is now the search engine’s #1 reporter of copyright infringements.  In the month of July, Takedown Piracy moved ahead of large corporations Microsoft Corporation, NBC / Universal, and Lionsgate to claim the top spot on the list of 1,195 reporting organizations.  The anti-piracy company reported nearly half a million URLs in July.  The Recording Industry Association of America, Inc. is a distant second for the month.

 

To view Google’s list of top copyright infringement reporters, visit http://www.google.com/transparencyreport/removals/copyright/.

 

Many of Takedown Piracy’s clients are listed in the top 25 on Google’s list of copyright owners with reported infringements.  The accomplishment is indicative of Takedown Piracy’s quick and effective services.

 

To view Google’s profile on Takedown Piracy’s effectiveness, visit http://www.google.com/transparencyreport/removals/copyright/reporters/1620/.

 

“Targeting search engines allows our clients to receive the visibility they deserve without competing with piracy sites for traffic to their own content,” states Takedown Piracy owner Nate Glass.  “Google continues to be extremely compliant and timely in removing links leading to pirated content.  We’ve developed a great relationship with the search engine, allowing our clients to see immediate results and feel secure.”

 

Takedown Piracy’s new SEO program, Search Clean™, is responsible for eliminating infringements from even the largest search engines, like Google.  Combined with its custom tool, the Aikido Program™, Takedown Piracy is removing hundreds of thousands of copyright infringements at an incredible speed.

 

Created by Nate Glass in 2009, Takedown Piracy is known for its highly effective and affordable services, while always operating with the utmost integrity.  Whether harnessing the power of its one-of-a-kind customs tools or following up on an individual file reported through its free piracy tip page, Takedown Piracy has been responsible for the removal of over 8 million copyright infringements.

 

For more information about Takedown Piracy, visit http://takedownpiracy.com/why-use-takedown-piracy/.

 

Takedown Piracy continues to be in the media spotlight for its renowned effectiveness fighting piracy.  Featured on CNBC.com, TechDirt.com, The Daily.com, the 1709 Blog, and more, word is spreading about the small but mighty company, and its David versus Goliath story.

 

Wanting to better involve the fans of Takedown Piracy’s numerous artist clients, the company created a tips page.  Millions of additional eyes provide Takedown Piracy with an army seeking out illegal downloads on torrent, tube and cyberlocker sites.  Users are asked to report the copyright owner and a link to the infringement.  To report a copyright violation using Takedown Piracy’s tip page, visit http://takedownpiracy.com/tips/.

 

Takedown Piracy actively tracks at least nine different ways content may be pirated, providing widespread coverage.  Takedown Piracy’s army of servers offer protection in the following areas: Cyberlocker sites like Rapidshare, Torrent sites, Tube sites, Auctioned or unauthorized DVD resellers, Search Engines, Image Hosts, Blogs, Forums, Social Media.

 

To view a statistical breakdown of infringements removed by Takedown Piracy, visit http://takedownpiracy.com/stats/.

 

About Takedown Piracy:

Takedown Piracy (TDP) is an anti-piracy service started in April of 2009.  The service was founded by 14-year entertainment industry veteran Nate Glass.  TDP offers copyright holders an affordable and highly effective means to fight back against content thieves.  For less than the cost of a part-time, minimum wage worker, copyright holders can benefit from Glass’ expertise and passion for protecting copyrighted content from thieves.  To date, TDP has removed over 8 million content infringements.  Leading piracy websites are closely monitored to always provide clients with immediate service and protection.  Every month detailed reports are provided to clients with each action taken on their behalf.  A price can’t be placed on trust, but with Takedown Piracy, clients can be sure the company has their best interest in mind 100% of the time.  For more information, visit www.TakedownPiracy.com or www.Twitter.com/TakedownPiracy.

 

About Google:

Google’s mission is to organize the world’s information and make it universally accessible and useful.  Google has packed a lot into a relatively young life.  Creators Larry Page and Sergey Brin named the search engine they built “Google,” a play on the word “googol,” the mathematical term for a 1 followed by 100 zeros.   Google Inc. was born in 1998, when Sun co-founder Andy Bechtolsheim wrote a check for $100,000 to that entity—which until then didn’t exist.  Since Google’s inception, it has grown to serve hundreds of thousands of users and customers around the world.  After going public in 2004, Google began to expand through its acquisition of companies like Keyhole and YouTube.  As of 2009, Alexa listed Google.com as the internet’s most visited site.  For more information, visit www.Google.com.

 

Keywords:

Takedown Piracy, Nate Glass, Google, Microsoft, NBC, Universal, Recording Industry Association of America, Inc., Lionsgate, 2009, CNBC, CNBC.com, TheDaily.com, TechDirt.com, AVN Media, magazine, digital content, Twitter, Google, tip page, protection, piracy, infringements, illegal downloads, torrent, tube, rapidshare, cyberlocker, DMCA, content, Aikido Program, SEO, 8 million

 

# # #

 

For more information please contact:

 

Takedown Piracy

www.TakedownPiracy.com

marketing@takedownpiracy.com

 

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Don’t be like this guy – copyright infringer gets angry when caught

So today I received 2 angry profanity-laced tirades from a blogger in Colorado that really sums up how broken the mindsets of many people are and how little people think about using another person’s intellectual property without permission.

About a week ago a client of mine notified me of a site that was using her images without permission.  This site was not only using her images on their blog, but was using Twitter to advertise the blog.  This blog was not linking to my client’s site, nor was an affiliate, but was using these images to promote their own site.

We looked at the site and saw that it wasn’t benefiting our client at all.  The site had no registered DMCA agent, which is really short-sighted if you are going to be making a routine out of using another person’s works without securing permission.  So there was no apparent way to file a DMCA notice with the site owner.  Making matters worse, the site owner was using a private registration service, thus we could not ID the owner of the website.  While there’s nothing wrong with privacy services, if you use one and then complain that someone can’t contact you then you really only have yourself to blame.

This left us with no option but to send our DMCA to the host of the site in question.  The webhost took action, suspending the site.

Then today I received two voicemails from the site owner.  The voicemails could best be described as angry and confrontational.  At no point did the site owner take any responsibility for what had transpired.  Instead his anger (and I mean ANGER) was directed at us.  He then went out of his way to insult and demean our client with sexist and derogatory statements.

His defense appeared to be that he was using lots of people’s images without permission and none of them had complained so what made our client different?  Clearly this ‘entitled’ position is full of logical holes and downright unethical behavior.  Just because no one else caught you yet doesn’t mean what you’re doing is legal.

So before calling this site owner I made a list of points I wanted him to understand.  I could tell he was going to be confrontational but I hoped he would understand that he was running a risk of being sued and that there’s lot of perfectly legal ways to use my client’s images.  I hoped maybe he would become an affiliate of my client and thus have access to lots of images, all with permission.  I wanted to stress the ease and low cost of registering a DMCA agent because without one, he qualifies for no safe harbor and would be liable for all his copyright infringements.

So I called him back.  I first asked if I was speaking with the right person (I’m not going to print his name here), his response was “Yeah…What the fuck is your problem asshole?”  So we’re getting off to a rocky start in our conversation.  He then just went on his profanity laced tirade that was full of sexist remarks about my client “who the fuck does this bitch think she is?” and homosexual slurs “you suck so many dicks out there in California that you’ve become a huge asshole”…not even sure how that scientifically would work.

I calmly told him if he was just going to yell and insult me then we can’t have a conversation and that I was going to hang up.  After getting a “Fuck you…” I terminated the call.

He called back, still yelling.  I told him that I’d be happy to answer his questions if he actually gave me a chance to answer, stopped yelling, and stopped insulting me and my client.  He mockingly gave me permission to speak…for about 2 seconds before he interrupted me screaming again.  He stressed that he uses lots of people’s images without permission and somehow he figured that meant it was ok to do it.

I didn’t get a chance to give him any of the points I had planned to make.  I wished him a good day, though I am sure he did not hear me since he was still yelling, and I terminated the call.

I know using people’s images without permission may not feel like you’re doing anything wrong.  And if you think getting away with it means you’re in the right to keep doing it then you’re really setting yourself up for trouble.

It doesn’t cost a lot to register a DMCA Agent to receive your DMCA notices, which you really should do if you’re going to make a habit out of using another person’s images without permission.  Here’s the link:

http://www.copyright.gov/onlinesp/agent.pdf

Putting a DMCA link on your page that allows copyright owners to contact you via email would go a long way towards keeping your host from pulling down your site.  Note that a simple Contact Form won’t cut it as most people aren’t going to want to use a contact form for a legal takedown notice.  Email allows for a paper trail, contact forms do not.

Also, if you’re going to use other people’s works without permission, be prepared to get caught.  And when you do, blaming everyone but yourself isn’t the answer.  If you can’t take responsibility for your actions, you shouldn’t do them.  It amazes me that an adult thinks it’s ok to use another person’s images without asking permission.  That some people seem to think it’s ok to use one company’s images to send traffic to another company they are an affiliate of, often by cropping out the watermarks of the actual copyright owner.  But in this warped sense of right and wrong – the copyright holder is the bad guy and the infringer is the poor victim.  This is truly a facepalm moment.

And if the site owner in question reads this, I sincerely hope you seek anger management.  You screaming and yelling at me didn’t hurt my feelings, I was more worried you were going to have a stroke in the middle of our conversation and I would have to be the one to hear it.  Life is too short to spend it angry.  Maybe call these guys instead of me:

http://www.frontrangecounselingcenter.com/angermanagement.html

It’s also important to note that by using the images yourself (not user uploaded in other words), not registering a DMCA agent and being an overall unpleasant person when caught, copyright holders are not required to even send you or your host a DMCA.  You could just be outright sued.  It doesn’t matter if it’s 3 images or 300.  Having your site suspended could end up being the least of your worries.

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