Golden Eye International Limited (“GEIL”), fronted by Directors Julian Becker and Simon Honey, have been strangely silent recently.
What was effectively their last word to their O2 victims in their Letter Of Claim (“LoC”) correspondence? Oh yes, it was those prophetic words below:
We remain confident of our evidence against you, and will revert to you once your file has been reviewed if a decision has been made to progress matters against you through the legal system.
And let’s remind ourselves of their words of wisdom from GEILs website homepage:
While every attempt will be made to seek a settlement out of court we will not hesitate to enter into court proceeding with those who fail to acknowledge our intellectual rights.
“we will not hesitate” eh?
The last words from the previous post on this blog stated:
The message is clear to GEIL. Back up your “Evidence”, “Technical witness” and “Expert witness” and issue proceedings against an alleged infringer who denies your claim.
The truth is no legal outfit or copyright holder has done this, and it will very likely never happen.
There is nothing more to say other than GEIL are never going to take an alleged infringer to Court, and test their claim against an alleged infringer who is allowed to mount a defence and all GEIL have done is operate an alternate money making scheme for failing producers.
Now I will take the opportunity to divulge a bit of information on Mr Simon Lindsay Honey.
Two bits of information taken from the Wikipedia article are:
Honey joined The Ian Mitchell Band (formed by Mitchell who had previously joined Bay City Rollers on bass for seven months in 1976) in May 1979, who whilst not finding success in the UK or US, released three studio albums and regularly toured across Europe and Japan”.
So by 1979, that would make Simon Honey about 23 years of age when he joined “The Ian Mitchell Band”. Hmmmm……
I would like to bring to your attention an interview of Simon Honey which he gave to Strictly Broadband website, which although no longer exists, it can been seen in an archive here.
I’m sure you had plenty of girls to give a good seeing to as well, though. I certainly did, especially in Japan, where our bands were really big. I shagged a 13 year old on the bullet train once, and I was only about 14 at the time myself.
“only about 14 at the time myself”?????? More like 24 years of age, and this would have been an illegal and criminal act.
Obviously these are the words of Simon Honey and it could be true or a bit of bare faced bragging.
We have seen before, mentioned in a previous post on this blog, more bragging from Julian Becker:
I never thought of myself as a pornographer, but I started looking at content and text messaging. I had actresses outside football stadiums giving out cards. They acted really unprofessional, but that was deliberate: ‘My name’s Ella, I’ve just arrived in the UK and I’m looking for new friends’. They would give the cards to these guys, who would then give them a call, but it would actually go to some bureau. It was normally a bunch of gay guys down in Brighton who played the roles. I always found that quite amusing, and it did OK.
That is a scam.
Remember, this is THEIR words.
Maybe we can gain an insight from Mr Simon Honey and his personal blog post about an alleged paedophile gang:
The activities of these low lives duly came to the attention of the local Plod. Plod investigated, but when it became clear that it was a Muslim gang, the shutters came down, e-mails were deleted, diversity courses were attended, and finally the powers that be gave the order to turn a blind eye and let the scumbags carry on with their revolting activities. Well, better a few underage white girls being abused , gang raped and forced on to drugs than another bomb on the underground eh?
Yet again, this is HIS words.
More words from Mr Simon Honeys blog:
Apparently the reason these women are forced to dress up in what looks like a cheap Darth Vader fancy dress costume is so that other men can’t see the beauty of the woman lurking underneath, and as a result be consumed with a lust that they will be unable to control!
I think we all know from their own words what Mr Julian Becker and Mr Simon Honey are.
Please feel free to comment.
I will now provide a piece of true evidence that hasn’t come from these two individuals but instead from the Police. In this document, you will see a transcript of an interview with Simon Honey taken from the Metropolitan Police in the early eighties when Videx Ltd was raided:
Mr Honey seemed to have a repetitive problem providing the response “No comment”.
Question: “Do you work for Videx Ltd?”; Answer: “I don’t wish to make any comment.”
Oh the irony! Are O2 victims allowed the same luxury of providing the same response to GEILs LoCs? I think not!
One of the questions put to Mr Honey in the Police statement:
I received a film ‘The Videx Video Show’ which shows you in it engaged in sexual practices, is it in fact you in that film?
Hmmm………..Mr Honeys last statement:
I would just like to say that I can see nothing at all offensive about the sequence included in the Videx Video Show filmed at Eureka Sun Club. It is merely a documentary type sequence showing families indulging in a totally innocent pass time ie walking around with no clothes on.
The Videx Video Show was described in the Police statement as a film which shows Mr Honey “engaged in sexual practices” also showing “families indulging in a totally innocent pass time ie walking around with no clothes on”. Mr Honey replies with “I would just like to say that I can see nothing at all offensive about the sequence included in the Videx Video Show”.
Which seems to be described in the statement as a pornography film showing adult sexual content and also showing a sequence which shows naked families at the “Eureka Sun Club”.
Was this video an adult content film also showing inappropriate footage of naked children? Look at another part of the Police statement:
Mr Honey, I’am satisfied with the documents in Police possession together with the observation on the premises at <-snip-> that you have a responsibility in the running of Videx Ltd and in addition having viewed the ‘Videx Video Show’ that you are aware of the contents of that video and as such you will be charged with the offences under the Obscene Publications Act and under the Protection of Children Act and again I remind you of the caution, that is formally telling you of what you are going to be charged with.
It is at this point where I say “No comment”.
This blog is all about proof and truth, but within the realms of speculative invoicing. The protagonists have been proven on this blog time and time again to make unjust claims, unjust demands, providing inadequate evidence and above all making complete lies about promising to issue Court proceedings against those who deny their claim.
What is Mr Simon Honey? No comment.
Has anyone formed an opinion of Lindsay Honey?
It could be difficult considering he has grown old now, and maybe more evidence is required to form an honest opinion.
A more recent bit of evidence is required:
Ben Dover needs new girls for TVX project
We have a new series commissioned by TVX, and we’re currently looking for suitable girls to cast. The most important aspect is the girls must all look young  as that is the theme of the series.
Does the adult industry make it OK to let a prominent legend performer who self professed he “shagged a 13 year old” at 24 years of age then promote that person at 58 years of age to say he “needs new girls” who “must all look young“? A 58 year old who “needs new girls” to look like 18 year olds!
A father or mother might want to make a comment if their daughter was involved.
I wish to make one comment.
Well, it is now over twelve months since the disclosure from O2 of their subscriber private details they provided to Golden Eye International (“GEIL”) following the Norwich Pharmacal Order (“NPO”) Court judgement and GEILs successful appeal.
This Anniversary now requires GEIL to perform their Court order obligation to destroy the private details of the O2 subscribers they have not sent a begging letter to (See below).
Within twelve months of the date of disclosure, the Applicants shall destroy all copies of any data which has not been used to either send a letter or claim or issue legal proceedings for infringement of copyright on the terms set out in this Order and shall provide written confirmation to the Respondent that such destruction has taken place.”
The interesting part of the above paragraph is “issue legal proceedings”. This would seem an assumption that a High Court Judge has a belief that GEIL will actually bring proceedings against alleged infringers and I believe it was crucial for the ruling of disclosure. This can be seen further from the following paragraph of the Order:
The Applicants are granted permission (to the extent that it is necessary) to use the information provided to it pursuant to the Order in paragraph 1 herein for the purposes of bringing separate proceedings for copyright infringement against those said persons (or any of them), and for the purposes of any pre-action correspondence relating thereto.
The part “for the purposes of bringing separate proceedings for copyright infringement against those said persons” is foremost and prominent in the Order, whilst “pre-action correspondence” is “relating thereto”.
Indeed, from the actual Court approved letter that GEIL sent to alleged infringers, it states:
In the event that that this matter cannot be resolved, it may become necessary for GEIL and BDP to bring a claim against you for copyright infringement. This claim would be brought in the civil court, where liability is determined on the balance of probabilities.
Our initial letters in summary gave details of the infringements the software had detected, giving specific dates and times in addition to film titles. The letters then gave the recipient our legal position and encouraged them to contact us so that we could make an informed judgement on whether we would be pursuing the case through the courts or ceasing action. It also gave the recipient the option to admit the offence, financially settle the matter as well as committing to not re commit the offence.
So “we could make an informed judgement on whether we would be pursuing the case through the courts or ceasing action” again is foremost and prominent.
The truth is GEIL have conducted a campaign of threatening Court action against alleged infringers unless GEILs settlement figure has been paid.
The truth is GEIL have not issued proceedings against any alleged infringer who denied their claim.
So will GEIL ever issue proceedings against an alleged infringer?
Of course we know that GEIL have a history of speculative invoicing. This Judgement from HHJ Birss QC shows GEILs intent. Quite clearly this shows GEILs true intention of only going after “default judgements” under Civil Procedure Rules (“CPR”), Part 12.1.
In order to secure a “default judgement” , GEIL would need to issue proceedings against an alleged infringer to the Courts and the alleged infringer fails to file an acknowledgement or fails to provide a defence to proceedings.
He was also concerned about the breach of the Civil Procedure Rules when issuing the claims. Copyright and IP cases can only be heard in certain courts and the money claims the online process used by Golden Eye is not set up for IP cases.
The truth is GEIL have never issued proceedings against an alleged infringer who has contested their claim.
So why would GEIL use the Money Claim Online route? Speculation is they tried this route against those who did not reply to their Letter Of Claim (“LoC”). It was unfortunate for GEIL that these individuals actually took action against their claim and did mount a defence.
The truth is that GEIL have absolutely no interest in issuing proceeding against anyone who denied their claim. Going after default judgements against those who did not reply to their LoC is their “modus operandi”.
The truth is this is NOT the correct actions from an organisation who wishes to protect their copyright.
The message is clear to GEIL. Back up your “Evidence”, “Technical witness” and “Expert witness” and issue proceedings against an alleged infringer who denies your claim.
The truth is no legal outfit or copyright holder has done this, and it will very likely never happen.
After all the efforts of Golden Eye International Limited (“GEIL”) to “protect their copyright” by applying for disclosure from O2 for subscriber names in their Norwich Pharmacal Order (“NPO”), we get to the situation where GEIL leave those who deny their claim in limbo.
GEILs replies vary, but one constant in all replies remain the same. A sort of “GEIL are very nice people who follow rules and judgements and would never harm anybody or anything”.
That constant in their letter is:
We have followed the procedure laid down by the Court when corresponding with you.
Such noble words, but what does that really mean?
From the NPO Court Judgement, let us see what Justice Arnold said about the monitoring:
For the results to be reliable, it is important to ensure that the monitoring software is functioning correctly. In particular, it is vital that the computer on which it is running has a correctly synchronised clock.
Who knows that? Who officially knows that? GEILs “forensic” expert says he “has identified the clock synchronisation source he used, which he says is accurate to 0.1 second”. Who officially saw that when they did the monitoring? We have to take their words for it.
Any more thoughts Justice Arnold?
Even if the monitoring software is functioning correctly, ISPs sometimes misidentify the subscriber to whom the IP address which has been detected was allocated at the relevant time. This can occur, for example, because of mistakes over time zones.
Maybe I am reading a different Court judgement than the one GEIL are saying they are following.
The evidence we have shows the following:
1) Hash of the content being uploaded by you, along with the content name, size and Torrent name. This will uniquely identify the file/movie that was being shared over P2P network.
2) Percentage of the file/movie that was being shared at the time of capture and detection of the infringement.
3) If you are seeding (or partially) more than one content, we have those identified by the ISP.
4) The P2P software, name and version, you were using and the hash that was generated by your software during that session of seeding or partial seeding.
5) The date and the time of seeding of any piece of the content by you with the index of the piece which shows where in the content that piece of data is. As we ask for just one identification by the ISP, this is a snapshot of this as it was happening. All of this could again be sent to the ISP to further identify you.
If we proceed to Court, we will be able to produce the following in digital format:
1) All the pieces seeded by you in a raw format that can then be inspected and further analysed.
2) The raw capture of the packets sent by your P2P software to the Internet at the time of identification. This is raw data that can be analysed further that will essentially show the piece of the content being seeded by you.
I don’t see this as following procedures laid down by the Court. The Court said that ISPs sometimes misidentify the subscriber. GEILs words are specific and accuse the subscriber as the infringer.
Not enough to convince? Let us look also at what Justice Arnold said:
Even if the monitoring software is functioning correctly and the ISP correctly identifies the subscriber to whom the IP address which has been detected was allocated at the relevant time, it does not necessarily follow that the subscriber was the person who was participating in the P2P filesharing which was detected.
Damn! It’s not looking good for GEILs evidence is it? Directly accusing the subscriber of infringing when the Court mentions very plausible issues as regards the monitoring, it escapes me. I’m beginning to think that Court judgments are not worth following any more. If you are sentenced to imprisonment in Court, ignore it and just be free and go home.
So let us use our imagination a bit and say that the monitoring software is perfect and the “Expert Witness” is clever and the ISP is useful. Let us believe in GEIL for one moment. They had 2,845 IP addresses that were monitored by Mr Torabi (Not NG3 Systems because they were crap for MediaCAT) for Ben Dover Productions (“BDP”). How many subscribers were disclosed by O2? Apparently less than 1,000! 33% hit rate! That’s it. I tried. I tried to believe in GEIL and it lasted for all of 3 seconds, which is less than the difference between the monitoring software timestamp and O2s timestamp (Ouch! Low blow!).
Let’s get back on to Court procedures and get back to the Court judgement and what Justice Arnold says:
I agree with counsel for Consumer Focus that the figure of £700 is unsupportable. My reasons are as follows. First, the Claimants know that an unknown percentage of the Intended Defendants are not infringers at all. Intended Defendants who have not in fact committed any infringements are not liable to pay any sum.
Let me re-align my reality sensors. How silly I was to try and imagine GEIL are right in their claim! I have to agree with Justice Arnold when he says “the Claimants know that an unknown percentage of the Intended Defendants are not infringers at all” and Justice Arnold is specific to say “Intended Defendants who have not in fact committed any infringements are not liable to pay any sum”.
But…..Justice Arnold says more:
Secondly, in the case of those Intended Defendants who are infringers, the Claimants have no idea about the scale of the infringements committed by each infringer. Some might have infringed on a very substantial scale indeed, while others might only have infringed to a minor extent.
Hmmm, I see. So why do GEIL ask for £350.00 per infringement? Oh yes, in the original draft letter GEIL asked for £700.00 per infringement. Why not £699.99? Why is £350.00 per infringement acceptable as a settlement based on the Justice Arnolds words?
I need more information Justice Arnold! Ah, he provided it:
I think that Mr Becker’s response in his second witness statement to the point made by counsel for Consumer Focus referred to in sub-paragraph 60(v) above is telling: “… it assumes that £700 will be successfully obtained from each of the 9000, when that is plainly wrong. In fact, it is likely that only a small proportion will result in a successfully obtained payment of any sum.”
Mr Beckers words are “it is likely that only a small proportion will result in a successfully obtained payment of any sum”. That is a telling statement. What did Justice Arnold say to that?
This comes quite close to an admission that the figure of £700 has been selected so as to maximise the revenue obtained from the letters of claim, rather than as a realistic estimate of the damages recoverable by the relevant Claimant from each Intended Defendant
Mr Becker, please! Justice Arnold seems to have figured that an awful statement to make! Whatever actions are taken after the judgement, Mr Becker has been shown by Justice Arnold what could be considered a charlatan.
So Justice Arnold says £700.00 is unrealistic and GEIL think £350.00 is realistic. I think Justice Arnolds words “the Claimants have no idea about the scale of the infringements committed by each infringer” gives an excellent clue to what the suggested settlement should be from GEIL. They have the “Evidence” of one download from the alleged infringer and that is the only “Evidence”. That is the value of one video.
Having accepted before Justice Arnolds words that innocent subscribers will be targeted, it is fair to say that the monitoring software will capture those who did infringe GEILs copyright. In this situation, a subscriber will accept GEILs claim and what happens then Justice Arnold?
Accordingly, I do not consider that the Claimants are justified in sending letters of claim to every Intended Defendant demanding the payment of £700. What the Claimants ought to do is to proceed in the conventional manner, that is to say, to require the Intended Defendants who do not dispute liability to disclose such information as they are able to provide as to the extent to which they have engaged in P2P filesharing of the relevant Claimants’ copyright works. In my view it would be acceptable for the Claimants to indicate that they are prepared to accept a lump sum in settlement of their claims, including the request for disclosure, but not to specify a figure in the initial letter. The settlement sum should be individually negotiated with each Intended Defendant.
Hmmm. But we have seen a settlement figure from GEIL sent to subscribers who deny their claim. GEIL are not following Court procedures so much that it would be enough to get Justice Arnolds wig spinning!
Before I start to lose faith in the Courts and justice, I will quote one last statement from Justice Arnold:
I conclude that the Claimants’ interests in enforcing their copyrights outweigh the Intended Defendants’ interest in protecting their privacy and data protection rights, and thus it is proportionate to order disclosure, provided that the order and the proposed letter of claim are framed so as properly to safeguard the legitimate interests of the Intended Defendants, and in particular the interests of Intended Defendants who have not in fact committed the infringements in question.
The most important two words in that paragraph are “the order”. That says it is an Order to GEIL as well as the intended defendants. The “proposed letter” was drafted and approved by Court, and any subsequent actions taken by GEIL after the proposed letter are governed by the judgement of the Court.
I will re-write that paragraph which would be more appropriate for GEIL:
I wish we would have followed the procedure laid down by the Court when corresponding with you.
O2/BE There Send More Pre-Warning Letters In Anticipation Of Further Golden Eye International Claims
In a repeat of last Decembers warning letters in anticipation of Golden Eye International Limited (“GEIL”) Letter Of Claim (“LoC”) of copyright infringement on behalf of Ben Dover Productions (“BDP”), O2/BE There have started to send out the same warning letter to their customers in what can only be in anticipation of further LoCs from GEIL on behalf of the other 12 producers.
GEIL successfully gained disclosure of O2/BE There subscriber details (Which was un-opposed by O2) from their Norwich Pharmacal Order (“NPO”) application in March 2012 for BDP, but were unsuccessful with the other 12 producers. They subsequently won their appeal for the 12 producers in December 2012.
The 12 producers (Listed in the NPO Court case) in question are: Celtic Broadcasting Ltd, Easy On The Eye, DMS Telecoms Limited, Gary Baker, Harmony Films Limited, Justin Ribeiro Dos Santos t/a Joybear Pictures, Orchid MG Limited, Kudetta bvba, RP Films Limited, Sweetmeats Productions t/a S.M.P, SLL Films Limited & Terence Stephens t/a One Eyed Jack Productions.
For the new recipients of these imminent LoCs, many will be completely unaware of what is effectively a “phishing” campaign by GEIL. This is because GEIL have only the evidence of a “monitored” IP address and with this they “bought” the subscriber details from O2/BE There. The letter under “Infringing acts” starts:
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
After making such a statement, the letter goes on to say:
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
So they assume the subscriber is the infringer then say they may not be responsible, to which they say:
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
A completely innocent subscriber who has not committed the infringement, and not authorised anyone else to commit the infringement may receive a follow up letter demanding a disproportionate settlement simply because they respond with details of who also lives at their address.
The subscribers who will receive the latest letters GEIL are sending out can see from the NPO judgement that Judge Arnold said:
Furthermore, it will expose them to receiving letters of claim and may expose them to proceedings for infringement in circumstances where they may not be guilty of infringement, where the subject matter of the claim may cause them embarrassment, where a proper defence to the claim would require specialised legal advice that they may not be able to afford and where they may not consider it cost-effective for them to defend the claim even if they are innocent
This is the Judge who presided over GEILs NPO application, and this Judge knows innocent people will be targeted.
The Judge goes on to say:
What the Claimants ought to do is to proceed in the conventional manner, that is to say, to require the Intended Defendants who do not dispute liability to disclose such information as they are able to provide as to the extent to which they have engaged in P2P filesharing of the relevant Claimants’ copyright works
So from the words of the Judge, those “who do not dispute liability” are “to disclose such information as they are able to provide”. The Judge does not say that those who do dispute liability should disclose such information.
The man who has perpetrated this phishing campaign is Mr Julian Becker who is a director of GEIL along with Ben Dover (a.k.a. Mr Simon Lindsay James Honey). Mr Becker has been known to make rather odd quotes to the Adult Media Press, such as:
Fundamentally we are pursuing those that are uploading not downloading, they are potentially uploading to millions of others who are also using these networks. How many they upload to is impossible to calculate, but in effect these violations are unauthorized distribution, we are not pursuing those who have simply downloaded one film.
Now the words there are totally misleading and could lead a subscriber who is innocent or guilty in to a false sense of assurance. “pursuing those that are uploading not downloading” is completely irrelevant because the nature of BitTorrent software IS downloading and uploading. And as I have found out, GEILs response to those who admitted one infringement is a demand of £350.00 which contradicts his statement of “we are not pursuing those who have simply downloaded one film”.
For those who have received the warning letter from O2/BE There and may receive an LoC from GEIL, what can you do?
As is always the advice:
BE CALM, DO NOT PANIC and DO NOT IGNORE.
The Citizens Advice Bureau (“CAB”) would be one of the first ports of call, they can be contacted on 08454 04 05 06, their website at adviceguide.org.uk or you can attend your local Citizens Advice Bureau.
The Open Rights Group (“ORG”) are there to give guidance and advice also.
The Speculative Invoicing Handbook Second Edition provides valuable information and a recommended read.
Read here for testimonies of those who received letters similar in the past, and realise YOU ARE NOT ALONE.
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)
“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.
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 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.
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.
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.
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:-)