Tag Archives: copyright infringement

“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”.

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

[email protected]

 

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.

Stats updated – 7.25 million infringements removed

We just updated new stats.  Check them out here:

http://takedownpiracy.com/stats/

This month we not only surpassed the 7 million infringement mark, but actually hit 7.25 million.  We’re gaining even more momentum.  The more naysayers we encounter the more motivated we become.

We’re also close to becoming the #5 reporting agency for the year according to Google.  We are currently #4 for the past month.

http://www.google.com/transparencyreport/removals/copyright/reporters/?r=last-year

This past month we removed our one millionth torrent from piracy sites.  We looked into our torrent data and have cataloged over 150,000 different info hashes.  With this data, we plan on adding hash-specific search and removal, not only from Google but also from the sites themselves.

Interestingly enough, it was an email we received from a self-described pirate that encouraged us to utilize our hash data more.  It’s always a challenge to keep improving our systems.  We appreciate constructive criticism from all sides.

We’ve disabled comments on posts.  While I wholeheartedly welcome debate, it was clear to me that ‘debate’ was not what we were getting.  Hit & Run attacks from commenters who would leave one comment and never follow up, accusations of deleted comments when in actuality we approved all comments, cheap shot insults and basically both sides just yelling at brick walls – it was clear that nothing positive was coming from the comments or my attempts to address them.  I’m sure I’ll get flamed for this stance but it’s final.  If you want to criticize me, you can do it on your own blog, you’re absolutely free to do just that.

Big things are in the works for Takedown Piracy.  Stay tuned for more updates.

According to torrent site poll downloading results in lost sales

So I stumbled across this poll on a torrent site and I just had to share it.  You hear all the time how content owners equate each download with a lost sale.  The filesharing crowd is quick to dismiss this.  Then they counter with anecdotal stories about filesharing making people buy more than before.  It’s all theoretical and it’s pretty easy for people to just say whatever when they are being surveyed, so knowing the actual truth is pretty much impossible.

That being said, according to this actual poll on a torrent site, 57% of the nearly 44,000 respondents are either buying less now that they discovered free downloads, or stopped paying for content COMPLETELY.  Nearly 44% claim that they stopped paying for content completely once they found piracy sites.  While 40% are either spending the same or more than they were before, with only 9% saying they are spending MORE.  You do the math, sounds like piracy is costing copyright holders losses, at least according to this poll.

Cue the “this poll was fixed by the MAFIAA” drones who believe any time the numbers don’t jive with the narrative they want to advance that the numbers must be wrong.

Anonymous little birdie dishes the dirt on Filesonic/Wupload

From: Mr Anonymous
Subject: Random

Message Body:
I came across your site and figured you’d like to know the following:

FileSonic and wUpload are the same owners/site. WUpload was setup as a backup plan in case filesonic ever gets taken to court or giving a lawsuit (like hotfile did). This way, if one goes down, the other remains. I did get their company records and what not, from the appropriate government resource (you can also pay to see their accounting), they are run by the same people, a couple of unprofessional kids.

WJunction, you said seems to be used by many people in “warez”. You should know this already but wjunction was started as a warez webmaster forum, it was created by the katz.cd staff at the time as a place to offer support for their site. It is a warez forum and always will be. Also at this time it has a joint ownership, a dutch guy and some anonymous guy.

If you really want to take these sites down, I suggest you get in contact with BREIN or, in the case of the filehosts, a US equivalent.

If BREIN were to take down ECATEL, a “bulletproof” host, world spam would drop, half the warez websites in the world would die and everyone else would rush to remove their sites from the country (NL).

As for the filehosts, their mistake is that they advertise directly, personally, to the members of wjunction, a warez forum. In court, this would prove that they aim to host warez and know full well that they are. In which case, safe harbour provisions would no longer apply because they are asking pirates to store copyrighted data on their servers. This is similar to how hotfile’s lawsuit came about.

Someone will take these hosts down one day, it just takes effort and time. They are run by kids, they would never stand a chance in court, so as soon as they get a lawsuit on their hands, they’re done for.

Takedown Piracy Ramps Up Operating Systems

MARINA DEL REY, Calif.—Takedown Piracy has increased its operating systems for more effective copyright policing. The increase in computers and servers is in keeping with Takedown Piracy owner Nate Glass’s business model.

Glass is committed to reinvesting revenue back in the company, furthering growth and results.  Now Takedown Piracy is able to dedicate individual operating systems to monitor the various forms of piracy, including cyberlocker infringements, torrents, tube sites and social network sites. The advanced Aikido Program will run off its own server, generating the removal of even more infringements in a shorter time.

“Takedown Piracy began as a passion project for me—something I wanted to do because it’s the right thing to do,” Glass said. “As the company grows, it becomes even more important to hold true to our ideals and vision. Reinvesting the majority of our revenue is an investment in our customers. It keeps us focused on our mission to remove, prevent and educate the world about piracy.”

For more information regarding Takedown Piracy’s services, click here.

Takedown Piracy utilizes a multi-faceted approach towards preventing online content theft.  Among its array of servers is one dedicated solely to monitoring over 500 cyberlocker forums and blogs daily, as well as sending infringement notices to the sites. Another server’s focus is on BitTorrent sites, tracking the websites responsible for the brunt of torrent infringements. The result is torrent removals and notices sent to Google for non-compliant sites.

The observance of the largest tube and streaming sites, plus Twitter, requires a separate server, which generates infringement notices. In addition, a server is utilized as the Googler. It constantly runs through Google results for client’s properties and generates removal notices.

Among the many attributes separating Takedown Piracy from its competitors is its new custom tool, the Aikido Program, which is now running on a separate server as well. The progressive tool is capable of removing 100,000 copyright infringements in only 24 hours. The Aikido Program is exclusive to TDP and uses a PHP script to exploit a large piracy aggregation site. It takes a site meant to assist illegal downloads and transforms it into a valuable asset in anti-piracy. True to its martial arts namesake, the Aikido Program uses the strength of its opponent to its own advantage.

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, click here. To view a statistical breakdown of infringements removed by TDP, click here.

You won’t believe the email a pirate sent me today.

Nate, What’s wrong with you?
Why are you so aggressive ?
Who gave you the job? Not your client, It us, Nate.What will you be without us?

This is a guy who owns a piracy site whom was giving me the runaround on removing content I had reported to him, which forced me to escalate the matter to his hosting provider.

Do you see the incredible irony here?  Here we have a guy who operates a piracy site, a site that totally subsists off of using the content created by others, and he’s telling me that somehow I should be grateful to him for creating my job?  This is irony on the ‘head-exploding’ level.  Apparently this guy thinks that before he came along, I was just shambling through the streets with no job and now that he’s figured out how to steal from others, I should thank him for giving me something to do.

Try that the next time you get arrested.  “Well yeah officer I know I murdered her but if it weren’t for murderers and rapists, where would you be?  Unemployed…so how about a thank you?”

No dude, you didn’t give me this job.  You don’t get a cookie for being a lowlife thief.  You aren’t a job creator, you are a parasite that only exists because my clients would rather remove content than to take you to court.

Apparently the concept of Irony is not one that pirates are familiar with.