Gallant Macmilan the lawyers representing “Ministry of Sound” amongst others as well as ironically “Liberty” are the latest Lawyers to jump onto the “Speculative Invoicing” Bandwagon, causing the recipients of their letters a whole lot of upset and confusion.
Whilst I personally would be embarrassed even being caught on a CCTV camera in the Lawyers favourite music store HMV 2, actually BUYING a Ministy of Sound album, personal taste is NOT the issue here though.
In their letters Gallant Macmillan state that “Ministry of Sound instructed a Software Company to identify occasions when their music is made availiable for download on peer to peer (“p2p”) Networks without it’s consent”. Now Gallant Macmillan DO NO STATE which “Software Company” this is. ACSBORE can reveal that the “Software Company” is none other than DIGIRIGHTS SOLUTIONS(DRS).
In an interview Simon Gallant stated “We’ve only just started doing this work. We are working for our client Ministry of Sound and we work with a German software company called DigiRights, who go on file-sharing sites and they identify IP addresses that are making available Ministry of Sound music”
DRS were the subject of a leak last November when their “SALES PITCH” Information was leaked by a dissatisfied worker. Torrentfreak did an excellent post regarding this issue which is available here.
Basically the “Turn Piracy into Profit” Scheme works like this, according to the Powerpoint DRS send out an email demanding say £500, they work on the principle that 25% of people will be scared into paying up, the last thing they want is to actually go to court. From the monies they collect they keep a whopping 80% leaving 20% for the “Rightsholders” who are rarely the creative people behind the works but usually the Lawyers and Labels. DRS claim that 25% of people pay up WITHOUT question.
As has been stated elsewhere “DRS states that it’s realistic to track and pursue about 5,000 filesharers per month per title. Considering that 25% of those people pay the €90, then the copyright holders would have to make about 150,000 online sales. Which is equal to the number of sales that are required for a Gold record award in Germany.”
As stated in the Torrentfreak article this makes it 150X more profitable to target YOU than it does to make money through normal routes. This is what is SO distasteful, it is like a Mob run racket. As an Attorney working a similar scheme in the US said “We’re creating a revenue stream and monetizing the equivalent of an alternative distribution channel”
The Powerpoint in German is available on the Torrentfreak Site there is a rough English version here.
So there we have it, Gallant Macmillan may well have learnt from the mistakes that ACS:LAW have made but by using the same “Forensic Experts” system that they and others have used, it is no good for the “Letters” to be sweetened. If it looks like a turd and smells like a turd, It is of no use to pick it up, you KNOW what it is…..