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Adult Industry Trade Association (AITA) to close – Emails to the Chair RE “Golden Eye International” involvement

March 7, 2013 2 comments

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It has been announced that the Adult Industry Trade Association (AITA) is to be closed down.  The committee it seems feels that it is untenable and has been running at a loss since 2010.

After conducting research and feedback from the “Adult” Industry, that is Porn Industry to you and me, 64% of respondents felt that an adult trade association was needed but only 32% believed that AITA was an effective voice for the industry.  These figures seem rather damning.  Two Thirds believe their should be an association but that the AITA is rather useless actually acting as that association.

The Official AITA statement reads:

“With the limited resources available to AITA, it did not come as a surprise to learn that the majority of current members felt that AITA is underperforming in its provision of key services when considering their relative importance. It is clear that this cannot be addressed without a significant injection of cash. AITA has significantly reduced its running costs over the last three years, however with corresponding decreasing subscriptions it has been running at a significant loss since at least 2010. Due to the lack of ongoing support for AITA from the general UK adult industry, and after much deliberation, the committee believes that it is no longer tenable for AITA to continue after the end of the membership year (March 31st) and all committee members will resign on that date and the company closed down. The committee would like to thank all members for their support over the years. As individuals they will continue to work to support the UK adult industry where they can, offering ongoing advice in their particular area of expertise and continuing to network at adult industry events.”

This is rather interesting as a statement made by the AITA December 12th reads

Trade body AITA has announced that it has appointed Jason Maskell of JCaz as its interim chairman following the resignation of Jerry Barnett. Maskell’s tenure is scheduled to run until the end of March 2013.

A statement on the AITA website, posted 11th December, read: “The AITA committee would like to thank Jerry for all his time and work he has put in to AITA during his time as a committee member and chairman and wish him well for the future and all his does.”

Now those following the Golden Eye International Legal action may not realise that Jason Maskell is also the head of Orchid MG, one of the litigants in the “Speculative Invoicing” action.  Orchid MG were one of the Producers added to the action in Golden Eyes Appeal.

On the suggestion of one of the other Producers, I had written to the AITA before Maskell had taken over, and had received an email from the then head (Barnett), that whilst he did not agree with the action, he could understand why it happened, and that they should make the most of what they could do while they could do it.  I thought an interesting response.

After Maskell took over in December 2012, and on realising he was one of the Producers added to the action, I thought, “Hmmm, this sounds like a conflict of interest”, I was however misled into thinking that the AITA was a kind of self regulation group who might actually care for innocent people being targetted by Porn Barons and NOT a pressure group for the Porn Industry, my mistake.

I sent an email to the AITA detailing my concerns with the Golden Eye action and received, what to me was no more than a Golden Eye Press release from the AITA, I then sent a second email and got no response at all.

On Twitter this week Maskell attempted to engage me and offered me an interview on camera, using almost word for word, what Terence Stephens of “One Eyed Jack” had offered, I again politely declined, explaining again why I might not want to break rank, namely the fact I have already been threatened with legal action by Golden Eyes previous legal team.  After failing to get me to do the interview, I pointed out to Maskell that he had not replied to my last email, and I would rather he did that, He responded by saying he wouldn’t respond as  I was “moaning about a court approved action” in my email, by Maskel of the AITA, I thought how odd (and unprofessional), far from moaning I thought I had laid out my concerns in a fairly cogent manner.

Anyhow, I include our email exchange here, just for the record, and would like to just add, that if the AITA are looking for a big cash injection, why on earth have they not asked Mr Ben Dover? Surely he is interested in the Industry that has made him a multi millionaire? No? Oh….

Was I really merely “moaning”, about a legal action I didn’t like?

Golden Eye Letters starting to arrive (devoid of any real evidence) UPDATE 2

February 4, 2013 1 comment

geil-shake

Letters from Copyright Troll collective, Golden Eye International (GEIL) have started to land on the nations doormats, throwing those unaware into a fit of panic.  Many bewildered recipients have woken to find a letter stating that they are deemed by GEIL to be responsible for infringing the copyright on some obscure pornography title.

GEIL are operating a Speculative Invoicing/Copyright Troll scheme almost identical to that run by notorious Law Firm ACS:LAW,  and recently gained an appeal to add a further twelve, also obscure companies to their “Legal” action.

One of the firms RP Films has already folded, although that didn’t seem to affect their seeming victory in Court.

The man responsible for these letters, Julian Becker, has said a few contrasting things when he has made statements to the press, (Not faceless keyboard warriors, you understand as he has described those who oppose him)

Becker said. “We’ve had to wind down business because of enforcement of age verification over adult content in the U.K.”

“The government is also looking at filtering and that poses a threat to the adult industry as well,” he said. “This isn’t great news for the industry either.”

“While personally I dislike this nanny state intervention” a ban wouldn’t have any effect on our revenues as those that pay for our product have already registered their details as well as undertaking an age-verification process. It may even assist combating online piracy, therefore increasing our profits,” – Julian Becker (May 2012)

I have tried to contact him but had nothing in return, (One of his clients informed me he would be prepared to have a face to face on film in front of an audience picked by him and the filming would be produced by one of his fellow pornographers, I of course declined, not least as I have had issues with Golden Eyes previous Lawfirm)  I have taken to posting open letters 2 counteracting his “economy with the truth”

I contacted the Adult Industry Trade Association (AITA) who are now headed by one of the Golden Eye clients, Jason Maskell of “Orchid MG”, I sent him an email detailing my concerns with regard to these letters, and he dismissed it out of hand.   I have tried to contact a number of the people behind these companies but none seem to care with regard to what I feel are the dangers with pursuing these claims and the sheer lack of evidence that should never be sent to an innocent person.

This Blog has also been the subject of a DMCA Takedown by GEIL “Forensic Expert” Clem Vogler which resulted in WordPress having to remove a photo (but not the content) of Mr Vogler from one of the posts.  I did not oppose this takedown as on reflection I believe it improves the appearance of the page immensely.

The letters look the part but they have no substance, they are in effect “phishing” letters.  They rely on the recipient to incriminate themselves.  They are of course a diluted compromise that was forced on them by the Courts, but the letters still have the potential to scare people into paying up.

So what are those in receipt of one of these letters to do?

Well first thing is

DO NOT PANIC.

Then

DO NOT IGNORE

Consumer Focus have done a great job in educating the Citizens Advice Bureau, and the CAB would be one of the first ports of call, they can be contacted on 08454 04 05 06 or you can attend your local Citizens Advice Bureau

For more on Consumer Focus see here for some invaluable information

Read up about these people and this Copyright Trolling/Speculative Invoicing on this Blog, or Torrent Freak, also the Forums at Slyck are a goldmine of info.

Read here, for testimonies of those who received letters similar in the past, realise YOU ARE NOT ALONE

UPDATE 2: A letter received by us seems to show GEIL including the filename of the media they allege has been infringed listed on the ISP Report they have received from O2, this seems a VERY dodgy method of making out that O2 are in agreement with GEIL about the file being copied.  This is not true, and unless this is a mistake on GEILs part, seems a very desperate attempt to use O2’s name to lend credibility to what is in essence VERY patchy evidence.

golden eye isp

Response to Golden Eyes Appeal “Success”

December 31, 2012 2 comments

http://bretcontreras.com/wp-content/uploads/Bullshit-detector.jpg

Thanks to Bpaw!

On the 21st of December the Appeals Court found in favour of Golden Eye International (GEIL) and sanctioned what the original Judge had refused saying it would be tantamount to the court sanctioning the sale of the intended defendants’ privacy and data protection rights to the highest bidder”.

GEIL intend to keep 75% of all monies collected, their Director Julian Becker has now responded to the successful appeal.  We think we should respond too!

 “I am delighted that the Court of Appeal ruled in favor of Golden Eye, albeit that I am still confused that the initial ruling allowed us to act for Ben Dover but fell short in permitting the right to protect the other producers that I represent”

“The other producers that I represent”?  Maybe you should be aware that other Pornography Producers tried this method of “monetizing alternative revenue streams” before, Darker Enterprises, Pure Platinum/Liquid Gold, Mebray, Phoenix, Relish and  Load XXX amongst others, and they all fell flat on their faces, when Media C.A.T and ACS:LAW screwed up by taking a case to actual Court where their lack of evidence was exposed , and their methods were derided, and it resulted in their collapse.

 “Having now studied the case, I’d like to say that there was more chance of the end of the world occurring on Dec. 21 than Golden Eye losing this appeal.”

So you won an appeal.  An appeal that was given by default to other applicants in the past.

Such as the following

 01 Feb 2007 – Davenport Lyons – Judge Behrens – Topware Interactive
22 Nov 2007 – Davenport Lyons – Chief Master Winegarten – Reality Pump
30 May 2008 – Davenport Lyons – Chief Master Winegarten – Atari
30 Jun 2008 – Davenport Lyons – Chief Master Winegarten – Digiprotect
12 Nov 2008 – Davenport Lyons – Chief Master Winegarten – Digiprotect?
19 Nov 2009 – ACS:Law – Chief Master Winegarten – MediaCAT
19 Nov 2009 – ACS:Law – Chief Master Winegarten – Digiprotect
27 Jan 2010 – Tilly Bailey Irvine – Justice Warren – Media & More GMBH
17 Feb 2010 – ACS:Law – Chief Master Winegarten – MediaCAT
07 Jul 2010 – ACS:Law – Chief Master Winegarten – MediaCAT

 “I believe there is always going to be a bias against this genre of film production”

Well no, that is a “non sequitur”, whatever problems that this “genre of film production” has had in the past,  has absolutely nothing to do with the material you produce, but the actions you take.  When other industries, (games 2 , music  2 etc) took the same actions, they too were derided in  the same manner.   They had the sense to bail out.  It is actions like what you are doing, resurrecting  a hated and hurtful legal action that is known  to target to many innocent people in its dragnet  is what is likely to drag your industry through the mud again.

“So although in legal terms we are actually no further forward than in 2010”

Erm, NO.  You are further back than you were in 2010.  You have been neutered in Court.

You called the account owner an infringer, the Court said NO!

You wanted a default £700 per letter,  the Court said NO!

You wanted the account owners  internet to be slowed down, The Court said NO.

You wanted to confuse with reference to the Code of Practice, The court said NO

You wanted to give the recipient only 14 days, the Court made it 28 days

The previous Law firm that represented you, halted their action in 2010, and you then attempted to pursue alleged infringers through the “Money Claim Online system” , when it seems you come up against Judge Birss, the Judge who presided over the ACS:LAW/Media C.A,T cases.  You deemed your actions inappropriate and that is what has led us to this ruling.

 “Golden Eye has now been successful after the most severe of legal scrutiny, combined with bias and manipulation from some areas of the press and mistruths and lies from faceless keyboard warriors in several Internet forums.”

 I would question in light of the restrictions placed on you by the Court how successful you have been, but yes you have been successful in obtaining an NPO in light of what I believed the agreement the ISPs had after the ACS:LAW debacle, in at least challenging these orders.  You were greatly helped by O2 NOT challenging you.  If they had I don’t think you would have been granted the order.

Your  only defence of criticism is to say your critics, be it the press or “faceless keyboard warriors”, are biased or spread “mistruths and lies”.  My comment on this is simple.  You would say that, wouldn’t you?  Is it a shame you use “sound bites” rather than provide actual evidence.  This Blog has detailed the number of contradictions you have spoken to different organisations.  What are the “lies and Mistruths” that I have spread?

“In some respects Golden Eye finds itself back where it was two years ago, having correctly followed legal procedure after submitting technical evidence that has been accepted by the courts that there is an arguable case that Ben Dover and other rights holders content that we represent has been infringed by Internet users on file sharing networks and obtaining the names and addresses of these alleged infringers,” said Becker, calling Friday’s ruling a “positive judgment [that] is very much a bitter sweet, moment.”

May I provide a quote from your statement in the original Court case (15):

“Originally, the only evidence filed in support of the claim was Mr Becker’s first witness statement. In paragraphs 1-3, headed “Introduction”, he explained that the Claimants sought disclosure by O2 of the names and addresses of the subscribers associated with the IP addresses shown in the CD-ROM attached as Exhibit 1, that the Claimants believed that those IP addresses had been used by the subscribers to make available copyright material for P2P copying and that O2 did not oppose the making of an order in the terms set out in Exhibit 2.”

Hmmm…..“the Claimants believed that those IP addresses had been used by the subscribers to make available copyright material for P2P copying”.   Now you say alleged infringer.  This is plainly wrong, the subscriber as the Court has said is not necessarily the Infringer, alleged or not.

 “Two years ago these cases were merely procedural and heard on paper without any formal hearings. This judgment has been debated by leading barristers, funded by government organizations and presided over by some of the most eminent judges in the U.K.”

Two years ago, we didn’t have a case that actually went to Court. ACS LAW tried to take people to Court for a default, but screwed up when those people said they would contest.  This had a clued up Judge who completely tore apart the “evidence”.  Your latest attempt at obtaining an NPO has been scrutinised because of this.  This statement from you is showing that what you took for granted two years ago is now not so straight forward.   And remember , the only reason this was debated at all was that O2 acquiesced rather than saying “No”.

This was an NPO hearing, that is all, yes you have gained the rights to exploit other Producers work, however as Rt Hon Judge Birss stated in his Court case with ACS:LAW/Media C.A.T who represented many Porn Producers)

“Media CAT don’t know who did it and know that they don’t know who did it,” said Birss.

Birss said Winegarten granted the (NPO) order based on the facts put before him, adding that the chief master did not have to decide whether Media CAT would ­succeed in its claims.

“I can’t imagine that the court making the Norwich Pharmacal orders in this case did so with a view to setting in train an exercise that was to be conducted in the manner that has subsequently emerged,” Birss said at the time.

He also added ..”nothing less than authorisation suffices for infringement, at least in the context of a claim for damages

Nothing has changed, it is the same.  I will believe you are different when you actively take a contested claim to Court, I for one do not believe you ever will.

Julian Beckers quotes are taking from an article that can be viewed here

Court of appeal permits Copyright Trolls to have their friends join the party

December 22, 2012 2 comments

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On Friday a Judgement was made by the Appeals Court with regard to Golden Eye International(GEIL)

GEIL the Copyright Trolls, who are resurrecting the ACS:LAW “Speculative Invoicing” had originally been denied their chance of using 12 other Porn Companies in their Legal Action.  They appealed and now the Court has awarded them what they had wanted.

This was not unexpected however it is VERY disappointing, O2 Subscribers were represented by Open Rights Group (ORG), and they put up a good show according to the Court record.

Although ORG could not stop the appeal, there are some positive points to be had however, GEIL had depended on a high volume of letters being sent out, that is after all the only way this “Alternative revenue scheme” can work.

After being rejected by the initial Court hearing and only having just under 3000 Ip addresses captured by their Software Monitor, they duly sent them off to O2 to have them matched to actual subscribers who would then receive a letter from them asking them to explain why they had infringed their Copyright.  GEIL must have been disturbed to see just under a 1000 actual matches.  This is a woeful amount, considering the “Software Monitor” is a “Forensic Expert”.

With the disparity in captured IP addresses and the actual matching of them to subscribers one can apply some logic to see that now GEIL have won their appeal, and have the other Producers on board, they can now send the remaining 6000 IP addresses to O2, but based on the low quality of the Monitoring, one can see that it could lead to less than 2000 retuning as being matched.  This of course will leave GEIL with around 3000 actual details they can send their letters to.

GEIL had originally planned to charge £700 per letter, that will not happen as the original Court hearing said no, GEIL also wanted to state that the Subscriber was responsible for the Infringement, regardless of whether they knew or not.  The Court has also said no to that reasoning.

Also unlike when ACS:LAW were practising a similar Legal action, no one really knew much about it, now they do, and this will be the greatest threat to GEILs plan.

For further reading

See Here and Here

The Judgment can be read here

Also join the debate here

The Speculative Invoicing Handbook – Part 2 :UPDATED

December 14, 2012 2 comments

With news reaching us that the “Golden Eye International” launch of their Speculative Invoicing(Copyright Trolling) action is due to start in the New Year, we wanted to bring this latest tome to your attention.  This quality guide was written by those fine folks at Being Threatened, in response to the number of innocent people targeted by previous companies, involved with these actions.

Download the PDF file here

Comments are always welcome.

We at ACS:BORE are not affiliated with the production of this book, although we endorse it as the best information to read with regard to receiving a letter from one of these companies.  For further reading on this please see the excellent Torrent Freak post

My apologies, as pointed out I wrongfully referred to “Golden Eye International” as “Golden Eye Interactive”, my apologies, it was an inadvertent mistake made in a moment of acute clarity of mind that a shell company based on an industrial estate in the UK with only two employees, and who operate only within the UK is NOT really an international company, my apologies again:-)

Golden Eye International – The Players

December 10, 2012 6 comments

player

Lindsay Honey – Ben Dover Productions

http://en.wikipedia.org/wiki/Ben_Dover

Lindsay Honey is the self serving, self styled, “Biggest Porn star in the UK”, served jail time for “publishing obscene material for gain” and “being in possession of obscene material”.  Wants to be considered a “Serious actor”, but comes across as a desperate almost “Big Brother” style attention seeking Z-Lister.  Released a Football song for the 2010 World Cup Finals, (yes really), tried his hand at Stand up as well!!  and has stated in interviews that he needs to get money from people who will not buy his Pornography.

“At the end of the day, if I can’t make money out of porn, the only way I can make money is to get to the people who are not buying it,” Honey explains. “I need to earn a living. I’m not a charity.”

Of course most people who have grown too old for their profession would gain employment in another field, or retire.  Honey has obviously tried and failed as an actor, and a singer, oh and a Stand-up Comic, so must rely on a “Speculative Invoicing” scheme to gain extra money.

Maybe we can use Honeys own words in this April 2011 interview http://www.cherwell.org/lifestyle/interviews/2011/03/09/how-about-you-ben-dover- where he actually tells the real story why there is no money in his profession.

“The internet is the main poison that’s now rapidly killing off the industry. Back in 1986 you could sell a 3-hour VHS porn tape for about £65.00, which would be about £150.00 in today’s money. Now you can get anything you want at the click of a mouse. For free.”

This interview was after Golden Eye Internationals first round of “Speculative Invoicing” letters, and there is no mention of his new career of being a “Copyright Troll”.  In fact, another statement he makes in the interview is more close to the truth.

“It’s strange but you could make a great movie with the best looking porn stars in the world, and you’ll probably make a very small profit over several years.”

And yet he goes on to say,

“‘My critics do affect me badly.  Sometimes so badly that I have to leave my 6 bedroom mansion in a gated executive park in Surrey, get in my Ferrari and drive to the airport to fly out to my luxury villa in Spain and take a long leisurely swim in my beautiful blue sparkling pool overlooking the Jalon valley!’”

One wonders why, given that he is always bragging about how wealthy he is in interviews,

When I say I’m skint, people say, ‘No, you’re not skint mate, it’s just now you’ve only got three cars instead of five.”

maybe his recent split from his Wife has something to do with it.

In the interview, it can be seen his sheer opportunism in relation to using other peoples success, But because of his(teenage Sons acting) career, I’m now in touch with people like Ricky Gervais, Andy Hamilton, people like that….You know, Armstrong & Miller, Rob Brydon, people like that. I’m trying to think of anything that I can do…I’m trying to build up an audience on YouTube then sell it to Channel 5 or let Ricky Gervais..”Hmm good luck with that!

For a view of what other people think of Mr Dover see below

http://www.scribd.com/doc/116289467/Mr-Ben-Dover

Julian Becker Optime Strategies/Golden eye International

http://www.justgiving.com/Julian-Becker

Address of Optime Strategies – Suite 10 Halton Close, Barnet, N11 3HQ

http://company-director-check.co.uk/director/908460166

Becker is Director of both Optime Strategies AND Golden Eye International.

http://www.whorunsit.org/companies/04527808

Julian Becker

Head of Sales at Andromeda Telecoms Ltd

Becker has been Director of THREE other companies all of which are now dissolved

Julian seems to be the perfect statesman.  The media savvy guy who is always able to provide the right quote.

One such quote from him in this link from computer active dated May 2012 regarding the Governments proposal for automatic porn filters, he states.

“While personally I dislike this nanny state intervention, a ban wouldn’t have any effect on our revenues as those that pay for our product have already registered their details as well as undertaking an age-verification process. It may even assist combating online piracy, therefore increasing our profits,”

Whilst in September 2012 in this link he says.

“The government is also looking at filtering and that poses a threat to the adult industry as well,” he said. “This isn’t great news for the industry either.”

More from Becker can be seen here….

 Alireza Torabi – NG3 Systems

http://uk.linkedin.com/pub/alireza-torabi/25/888/a33

Torabi is the person behind the controversial tracking software used by ACS:LAW, it is now being used by Golden Eye International, despite it never being scrutinised in a court of law.  According to ACS:LAW email leaks there were about 30% of the so called “Alleged infringers” IP addresses that simply did not exist according to the ISPs

In the ACS:Law leaked emails, Torabi was going to be replaced by Guardaley GmbH.  You can understand why with just one example of a comment from Adam Glen to Andrew Crossley dated August 2010.

“The recent indication by Ali that he is willing to change his position regarding what protocol/client was used by an infringer causes me alarm.”

Bear in mind that Torabi was described by both ACS:LAW and now Golden Eye Inernational as their “Forensic Expert” How forensic can you be if you are willing to change the very evidence required to fit the accusation?

Torabi runs a number of different “Businesses” online, one of which is XYPY, and rather strangely for someone who seems to make money by selling IP addresses to Copyright Trolls, it is a VPN service, even stranger than that, after a few enquiries from some intrepid Slyckers, the English page was removed and replaced with a Persian language one… Hmmm

VPNs are commonly used to hide the true identity of an internet user, there does seem to be somewhat of a conflict, between a person who on one hand sells Peoples IPs and on the other hand seemingly helps hide them.

The IP addresses of his businesses are all the same

http://www.xypy.net – 190.120.227.70

http://www.aleriza.me – 190.120.227.70

http://www.cyberdealer.co.uk – 190.120.227.70

http://www.ng3systems.com – 190.120.227.70

For how the old XYPY looked see here.  http://translate.google.co.uk/translate?hl=en&sl=fa&u=http://www.xypy.net/&prev=/search%3Fq%3Dxypy.net%26hl%3Den%26safe%3Doff%26biw%3D1201%26bih%3D919%26prmd%3Dimvns&sa=X&ei=vPkmUOu8N4rD0QXiv4CoCg&ved=0CEkQ7gEwAA

Torabi was Director of one other company that has been dissolved.

http://statsie.com/ng3sys.com

Big thanks to Bpaw

This page will be update, as and when!  Please comment

O2 send Pre Warning letters to customers (whose data they have “sold” to Golden Eye International) UPDATE 3

December 1, 2012 4 comments
o2received011212 (bls)_sml

Letter from O2

bthere_sml

Letter from BeThere

It has emerged today that O2 and BeThere, have sent out letters of warning to their Customers in light of the Norwich Pharmacal (NPO) they failed to defend against Pornographers Golden Eye International/Ben Dover Productions (GEIL/BDP).

The letter is quite generic, but interestingly does point the recipient to the Citizens Advice Bureau (CAB).  This is actually significant, as Consumer Focus (who intervened on behalf of O2 customers at the Court Case when O2 acquiesced to GEIL/BDP) won a good victory in ensuring that the CAB would be informed and would have all the relevant information ready for anyone who contacted them when they received a letter.

The fact that O2 and BeThere have included this in their warning letters, must come as a blow to GEIL/BDP as this will give  an effective “heads up” for those receiving the letters that they will send.  In the past campaigns of Davenport Lyons and ACS:LAW and also Tilly Baily Irvine and Gallant Macmillan, the ISP was forbidden to contact their customers in advance, this seems like a real oversight by GEIL/BDP and could cost them dear.

The Speculative Invoicing model that GEIL/BDP are pursuing relies on people being uninformed and paying up out of fear of Court action, that fear in the past has been fuelled by the previous law firms involved insinuating that an alleged infringer had a choice of paying between £500 and £700, OR face Court action that they could not possibly win, with the threat of thousands of pounds in court costs being awarded against them.  One can easily see the stark choice and why so many even innocent people paid up.  The evidence against them however was nothing like what they had been told.

Davenport Lyons, ACS:LAW, Tilly Baily Irvine and Gallant Macmillan, were all punished to a lesser or greater extent by their regulatory body the Solicitors Regulation Authority.  GEIL/BDP are not bound by this although their solicitor Mark Wagner of Wagner and Co is.

Around December the 10th GEIL/BDP will be back in court to try to appeal against the ruling that they can only claim copyright for their own films, another ten producers are waiting to join the action.  As things stand around just under 3000 letters will be sent out soon by GEIL/BDP, however if they win their appeal a further 6000 could be sent.  As can be seen in the NPO O2 are charging £2.20 per ip address.

Open Rights Group (ORG) is taking over the appeal role from Consumer Focus, they are seeking support from those outraged by this continuing practice. Contact them here. (I am NOT affiliated with the Open Rights Group in any way, but do agree with the support they give and the reasons they are doing it)

It remains to be seen how this will pan out, but apart from the CAB a good source of info for all this is Slyck Forums and Torrent Freak

The NPO is here.

UPDATE 1:

The NEW update to the Speculative Invoicing Handbook has now been released… Thanks to “Beingthreatened”

UPDATE 2: It is being reported that out of the 2800 IPs that Golden Eye applied for from O2, O2 are saying they have been able to match less than 1000, this is a VERY POOR return by any measure and really undermines the confidence in their Monitoring System.

UPDATE 3 The “Speculative Invoicing Handbook Part 2″ can be seen here, with PDF download link

Open Rights Group appeals for funds, SO DOES “GOLDEN EYE INTERNATIONAL”!!

November 22, 2012 1 comment

Open Rights Group (ORG)  have stepped into the fracas of the Golden Eye International Court Case, that is threatening to bring more misery to innocent people in the UK.  They have taken over from Consumer Focus and need some funding to continue to oppose the case, that the Pornographers have brought against thousands of O2 Customers.

For all those caught up in the Davenport Lyons/Acs:Law/Tilly Baily Irvine/Gallant Macmillan cases will now, there was NO talking to these people, it was a case of PAY UP OR ELSE.

Although Golden Eye International have been somewhat neutered by the High Court, they still use the SAME Software Monitor, that was shown to be corrupt and also the same “Expert Witness” that even ACS:LAW said was “Problematic”

To read what Open Rights want to do and to donate to their cause, please see here. http://www.openrightsgroup.org/blog/2012/org-goldeneye-intervene

In an amazing example of what can only be described as “Shameless Audacity” Golden Eye International are attempting the same thing.

GEILs Head Julian Becker who trades under the Optime Strategies moniker and whose business interests seem to cover a Security role at a London Synagogue and it is also the Parent company of Ben Dover Productions, has taken the Open Rights Group appeal for money as an insult.

Becker writes

“It would appear once again we have a difference of opinion on what constitutes a consumer — mine being someone who purchases goods or services theirs being someone who just takes them,” Becker told XBIZ. “I’d like to think I have a decent grasp of the English language and my term to describe such a person would be thief rather than consumer.”

Once again as is shown Becker is saying that anyone caught by his Software Monitor, is guilty of theft, now we already know that file sharing copyrighted material is “Copyright Infringement” NOT THEFT, however, Becker goes on

“They are appealing for funding for their court costs, which having checked our bank balance recently has given me the idea to do the same,” he said. “The perception of pornographers outside the industry may well be filthy rich; however as anyone with an ability for rational thinking will appreciate any business who’s core product has been decimated by piracy is experiencing a massive downturn in turnover and profitability.”

Considering the material that Ben Dover Productions produce I would imagine the fanbase is dying off due to lack of quality material rather than “Copyright Infringement”, it is very easy to say that it is because it is being copied and not brought, but I see it rather that even if it WAS being copied, those who copied it would never have bought it in the first place.  I am NOT defending the downloading of copyright material here either, I just wonder if Golden Eye actually pay a license fee for ripping off other peoples titles, (XXX Factor complete with similar logo)

Regarding the “Outside perception of pornographers being “Filthy Rich””, I wonder if they might get that impression from Mr Beckers partner Mr Honey, AKA “Ben Dover” seen here in a BBC Interview. And here in a magazine article “I still have a very nice lifestyle. When I say I’m skint, people say, “No, you’re not skint mate, it’s just now you’ve only got three cars instead of five.” So I wonder where these perceptions from people “outside the industry” come from? Note in the BBC interview there was NO talk about file sharing stealing business.

“Therefore any financial support, however small, that can be given will help the cause massively. If you can’t give then supportive messages also are appreciated if not lost in the deluge of personal abuse and threats from the faceless keyboard warriors.”

I wonder what he means? A man whose partner is a multi-millionaire is asking people of lesser means to contribute to a case of his own making, and that is RIGHT?

Whereby a Consumer group that KNOWS what happened with previous Legal actions, that were declared as “Legal Blackmail” in the “House of Lords”,  wants to raise money from those people affected BY those legal practices, and that is WRONG?

I think I have a pretty good grasp of the English language to, and I wouldn’t like to say what I think about people like this, Pornographers attempting to squeeze the last pennies out of a dying beast, oh I better stop, I may being giving them a new film idea!

Golden Eye Interactive are due back in Court in December, to attempt to get 7000+names that they were declined at an earlier hearing.

I would urge anyone who feels the need to defend innocent people to contribute to the Open Rights appeal, at least that way there can be justice, Golden Eye are not interested in the justice, merely money to fill their coffers.  £5000, is nothing to these people it is EVERYTHING to Open Rights Group (ORG)

Source for the quotes: http://newswire.xbiz.com/view.php?id=156690

Golden Eye International: The “EXPERT WITNESS” UPDATE 1

October 30, 2012 6 comments

Clem Vogler requested his image removed by DMCA

By Bpaw/Hickster

Here on this blog, much justified attention has been assigned to the “Speculative Invoice” participants.  Although these rogue characters (Which we all know!) justify their acknowledgement here, they owe their unsuccessful efforts to their “legitimate” seal of approval by an “Expert Witness”.  This “Expert Witness” has effectively swayed every Judge in the High Court to grant every Norwich Pharmacal Order (NPO) that has appeared before them.

So who is this “Expert Witness”?????  Step forward Mr Clement Charles Vogler.

Clem Vogler has in the past provided “Expert Witness” reports for Law Firms practising what is commonly known as “Speculative Invoicing”, what has been declared in the House of Lords as “Legal Blackmail”.  The Law firms, Davenport Lyons and ACS:LAW are listed on his website, but now so are Golden Eye International (GEIL).  GEIL however are NOT a law firm, they were however represented by one of the Law Firms that practiced “Speculative Invoicing”.

Vogler gives the “ok” to the monitoring software that is used to identify the IP addresses of alleged copyright Infringers.  The problem is the software has never been scrutinised by a Court of Law and its inner workings are not public knowledge.

In this post we will look at Clem Vogler in more detail.  He is after all the man who puts the seal of approval on the software that has identified tens of thousands of alleged infringers.  Of course the fact that all the Law Firms involved have had their fingers burnt with heavy fines or Solicitors being suspended (one Law Practice actually went bankrupt and its head was suspended for TWO years), has not stopped Mr Vogler from continuing doing what he does.

Clement Charles Vogler could be regarded as a Walter Mitty character.  The self-declared computer expert, expert witness, Chartered Physicist, Technical Partner in Ad Litem, Database writer, Runner, Local Councillor……the list goes on.

For reference, see http://www.adlitem.co.uk

So what can be said about him that’s true?

Well NOT that he is a Computer Expert!

A Computer Expert: (The following statements link to the individual posts)

“The messaging interface has returned an unknown error” It says, helpfully.It leaves emails still sitting in the Inbox that I want to consign to the delete box. Oddly enough, if I go to another folder and delete something there, it will sometimes work – and then even allow me to delete a message or two from the Inbox before reverting to the error message. I’ve removed Outlook and re-installed it, with no improvement. No idea why this problem has arisen – it was fine till yesterday and I’ve not altered anything in the meantime. Any ideas?

I don’t seem able to prevent another pc on my network from connecting to the
internet through my host pc.

I used to print single address labels on my Epson LX300 dot matrix – using MS Word (envelopes and labels). That was with W95 and W98 Now I have XP, it doesn’t work. Instead of printing  one label and advancing obediently to the top of the next, it puts in a form feed and runs through six or seven rows of blank labels. I assume this has something to do with XP not being DOS based. I don’t mind buying a new printer,  if I could find one that behaved itself under XP and Word. Anyone else grappled with this problem?

I can’t really see the computer expert in the above.  Of course he could have become a computer expert in recent years but he says on his website that he published articles on technical aspects of computing in magazines between 1990 and 1996 (Maybe he took a break from being a computer expert for a little while!).  To not be able to prevent a PC connecting to his own host PC seems laughable, for a man of his supposed qualifications.

Now let’s look at what we do know………..

From his own website:

I am listed (under ad Litem) as a checked expert on computer systems in the Expert Witness Directory (formerly, the Law Society Directory of Expert Witnesses). This register operates vetting procedures to ensure that persons registered are suitably qualified and experienced

So where is Clem or Ad Litem when you do a search here:

http://www.legalhub.co.uk/legalhub/app/main?ao=o.Ie2a652a002c711db85b9d734e660a063&rs=BOL1.0&vr=1.0&bctocguid=I369f4260639711dba7e5e11db8d74eba&ststate=S;S&linktype=toc

Still declaring yourself as a certified expert witness on your website whilst you’re not listed on the legal hub website is wrong.

Email from Adam Glen to Andrew Crossley dated 20/08/2010 15:29:

Whilst I have been unable to establish or find a standard for the protection of evidence in civil cases I am concerned that I have not seen any statement from an expert witness that the evidence cannot be altered or modified in any manner.

Clem Vogler was the “Expert Witness” for Davenport Lyons AND ACS:Law, and it must be that his test on the software was clearly inadequate.

Adam Glen didn’t seem to like Clem Vogler really, including getting his surname wrong with this email to Andrew Crossley dated 24/08/2010 09:15:

You know my view on the quality of Clem Vogeler’s expert witness statement and what I perceive as the opportunity it provides to serious challenge.

This all points to some major concerns by Adam Glen that Clem Vogler is not a good “Expert Wiitness”.

From the GEIL Court case http://www.bailii.org/ew/cases/EWHC/Ch/2012/723.html

Both Mr Vogler and Mr Torabi have qualifications in information technology, and both give evidence about the operation of software used to monitor P2P filesharing, which is clearly a field requiring technical expertise.

Remember the above statement, it will be important later!

Mr Vogler explains he did not have Xtrack installed on his computer, and did not concern himself with how it worked, but treated it as a “black box”. He simply presented it with inputs, namely his test files, and examined the outputs to see if they corresponded to his inputs. He was satisfied that they did correspond.

What on earth does that statement say about how you perform your duty as an expert witness?  You do not install the software.  You do not concern yourself with how it works.  Could that be considered enough of a test to show that a true test has been done to verify that the software does what it should do?

Now for a real look at real evidence that Clem Vogler is no “expert witness”.  The following paragraphs and snippets are taken from a Google-translated German website that relates to Clem Vogler providing an expert witness statement for Guardaley GmbH (Yep the very people that ACS:LAWs Terence Tsang was setting up to replace…Ali Torabi) (The translation is not perfect, but is easily understood):

In essence, Mr. Clement Charles Vogler has carried out only a few functional tests, and not even these independent, but always in very close cooperation of the client. The results of these tests, he arrives at conclusions that seemed logical to him, without him being an expert in the relevant field. Even these few test cases were carried out according to his statements with “very small files”, which of course is extremely unrealistic and not even close to a real-mode, the software will meet.

“I’m not an expert in this field”

“Under these assumptions specified by him, the statement of his report, however, is not seriously usable”

In essence, Mr. Clement Charles Vogler has only performed a few functional tests, and this is not even independent, but always in very close cooperation of the client.

The results of these tests, he arrives at conclusions that seemed logical to him, that he was no expert in the relevant field.

Even these few test cases were carried out, according to his statements with “very small files”, which is extremely unrealistic, of course, and not approach a real operation of your software needs.

The questions put to him were answered only partially. Much remains open.

“Overall, his “investigations” totally unfit to occupy a general accuracy of the disputed software.  They could, if they had been since conducted independently and correctly, the correct functioning of the software THAN find in this particular case tests.  Since these test cases, however, does not approach the real conditions comply, they were not conducted independently and not with the necessary expertise, even this statement is not tenable.”

It is interesting that Mr. Clement Charles Vogler notes in his few test cases and constant participation of the client for a time difference of up to 2 seconds

To paraphrase a quote attributed to Clem Vogler by a Judge, I like the way this article put it!

We have found ONE directory that lists Vogler as an “Expert Witness”, however it is for “Construction Issues”, specifically, “Electrical and electronic engineering” Hmmmm,

Mr Vogler is a diverse character, although we have found no evidence of him being a “Sweet and Maxwell” certified “Expert Witness” as he claims, he most certainly is a long distance runner, he seems to also specialise in books with regard to “Fine Printing, Intaglio And Relief Engraving, Non-Photographic Illustration, Private Press”  in the guise of an online bookshop,  through newsgroups and even contributing to the merits of nuclear risks of contaminating sea water, with sodium coolant (Not kidding) and vivisection…. As well as reviewing Microphones! Phew!

A Chartered Physicist:

Your interesting news story about the decommissioning of the Dounreay nuclear site in Scotland (May pp12–13) noted that the liquid-sodium coolant was, (unsurprisingly), highly radioactive. But you go on to say that the metal is treated so that it can be safely disposed of into the sea as salt water. I am puzzled by this. Either the half-lives of the various isotopes present are short enough to ensure decay to safe levels before release, or they are not. In the former case, why dispose of a valuable metal for which there are various industrial uses? If the latter, then disposal as sea water will cause radiological contamination.
Clem Vogler

The liquid sodium–potassium (NaK) metal alloy from the reactor goes through a separation process that leaves us with some lightly contaminated liquid that can be discharged to sea, while the “filters” that have extracted much of the radioactivity are stored as radioactive waste. In technical terms, the NaK is reacted with water in a nitrogen atmosphere to produce a solution of sodium hydroxide and potassium hydroxide. This liquor also contains enormous levels of radioactive fission products, dominated by caesium-137 (many other fission products have now decayed away since the reactor has been shut down since 1977). The caustic solution is neutralized with nitric acid and passed through two custom-built ion-exchange columns to remove the radioactivity. The liquor is then discharged to sea as sodium nitride and potassium nitrate in water, while the ion-exchange columns concentrate the radioactivity for ultimate storage as intermediate-level solid waste. Radioactively contaminated NaK has no commercial value and the contamination cannot be readily removed until the material is in an aqueous phase.
Colin Punler, Dounreay Communications

Now I am no Chartered Physicist, but Clem questioned their story and the reply was enough for me to think that it was a silly question to ask!

Technical Partner at Ad Litem:

http://companycheck.co.uk/company/04354109

Ad Litem Ltd
Registration Date: 16/01/2002
Registration Number: 04354109
Type: Private Limited Company
Company Status: Dissolved

Technically speaking, you can’t be Technical Partner of a dissolved company.

Database Writer:

(See A Computer Expert above)

Runner:

http://reephamrunners.webs.com/apps/profile/81869688/

http://www.derehamrunners.co.uk/news/archive/the-year-to-date

We also had John Richardson in the V55 class placed 6th 25:37, in V60 an excellent run by Clem Vogler to finish 3rd in class 21:00, Tony Bastard 7th 23:28 and Ernie Bradshaw 8th 24:33

Too easy!!!!!

Expert Witness:

It would be difficult to verify all consultancies that are listed simply because of the number of years that have passed.  But finding any that can be verified is all too difficult!

GQS Solicitors (Birmingham) Dec 2006 Vehicle Fraud

Google “GQS Solicitors” “Vehicle Fraud” and you get one website, adlitem.co.uk.  Not one website anywhere that suggest that GQS has ever been involved in a vehicle fraud case.

David Phillips Solicitors (Manchester) Jun 2005 Immigration Fraud

Google “David Phillips Solicitors” “Immigration Fraud” and you get one relevant website, adlitem.co.uk.  Not one website anywhere that suggest that DPS has ever been involved in an immigration fraud case.

Rigby & Co Solicitors (Middlewich) Sept 2007 Software

Now what that means I don’t know and is meaningless to try and find anything about that case!

All of the above is questionable until evidence can back it up.

This rounds up what we know so far, It will be updated whenever it can be.

UPDATE 1: Clem Vogler requested that the image of himself taken from a WordPress.com Blog should be removed from this one using a DMCA takedown. we did not fight the decision, on the grounds that we believe his request has visually improved this particular post, and we thank him!

EDIT: If YOU receive a letter from Golden Eye International, then contact your local Citizens Advice Center.  Citizens Advice Consumer Service (08454 04 05 06) or your local Citizens Advice Bureau  And of course post comments here or on the Slyck forums!

Golden Eye International, Pre-action letter little more than “Phishing”

July 25, 2012 1 comment

GEIL letter Page 1

GEIL letter Page 2

GEIL Letter Page 3

GEIL letter Page 4

 

GEIL letter Page 5

Download letter as images or view online

Despite assurances from GEILs “Commercial Director” Julian Becker that he is NOT connected to ACS:LAWs Andrew Crossley, the release of the template of their Pre-Action letter, shows that he is at least a fan of the format of letter that was developed by Davenport Lyons, and licensed by them to ACS:LAW , who then in turn let Tilly Baily Irvine use them.  TBI were the Solicitors for GEIL/BDP.

It is watered down for sure, as I have said all along, it would be a “Refinement”, but it is still essentially the same format with the same evidence, or should that be, LACK OF EVIDENCE.

The letter is really an exercise in Phishing, you would have thought a company who had gone to Court and gained a Norwich Pharmacal order, would at least have some kind of concrete evidence, right? Err no not quite.

The letter states that

“This letter assumes that you, as the internet account holder at your address, were the user of the relevant computer on the day and time in question,” the letter states under the title “Infringing acts.”

“In the event that you were not responsible for the infringing acts outlined above because, for example, another member of your household was the user of the computer, you should make full disclosure to us of the other parties at your residence using your internet connection to make the Work available for download,” the letter states.

“A failure to make such disclosure may lead to a claim being made against you with the court being asked to conclude, on the balance of probabilities, that you were the user of the computer.”

 ACS:LAW in their desperation issued a questionnaire that covered the same criteria, GEIL are using it in their initial letter!  One thing is missing though and that is a demand for money,(GEIL had wanted to demand £700 per letter, but were slapped down by the High Court), this on the face of things seems a good thing, however, it almost certainly guarantees at least a second letter.

We know from the ACS:LAW cases that when they got to court, they were laughed back out.  Judge Birss said of ACS:LAWs client Media C.A.T,

“Media CAT don’t know who did it and know that they don’t know who did it,”.

The letter also contains another similarity to the ACS:LAW letter, the “Forensic computer analyst”, Hmm that would be Alireza Torabi, the same one that ACS:LAW used, of course Becker has already stated he had no problems with Torabis system, only Crossleys use, but that is the issue, a lot of the captured data was duff.

One final concern, is that in the Solicitors Regulation Authorities report, they stated,

“Neither MCAT nor the Respondent had evidence that the “Work” had been made available. They had a report from the monitoring company which showed that its software had captured pieces of the two pornographic videos being made available from an IP address at a particular second in time.”

What was true a year ago is as true as today, there IS NO EVIDENCE, that is why the letter is designed to trip up a person who has not infringed but at least could be hoodwinked into paying up.  It is a scare tactic being used by a failing pornography business to generate money.. PURE AND SIMPLE

Now what was it that Lindsay Honey (Ben Dover) said? Ahh yes..

“At the end of the day, if I can’t make money out of porn, the only way I can make money is to get to the people who are not buying it”

Says it all really

EDIT: If YOU receive a letter from Golden Eye International, then contact your local Citizens Advice Center.  Citizens Advice Consumer Service (08454 04 05 06) or your local Citizens Advice Bureau  And of course post comments here or on the Slyck forums!
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