Golden Eye International/Ben Dover the latest group to try their hand at the Speculative Invoicing Scam, have been given permission to send their Court Approved letters out to O2 Customers.
The Letter, it would seem has been very much scrutinised and has been ordered by the Court to be toned down, after GEIL attempted to overstep their mark by using a letter that made some wild claims, regarding the amount they wanted and also what the ISP would do on their say so.
It remains to be seen the actual content of the letter, however early indications point to the fact that it is NOT allowed to contain a cash demand as GEIL’s forerunners, Davenport Lyons, ACS:LAW, Tilly Baily Irvine, or Gallant Macmillan had done.
GEIL initially wanted to demand £700 per letter, this was quashed by the Judge overseeing the case.
What I wanted to highlight here, is some observations
Golden Eye International/Ben Dover may claim to have no connection with ACS:LAW but there is one, and one Julian Becker has already admitted to, the data gatherer, the person who will harvest the IP addresses of those suspected of uploading/downloading, is a man called Alireza Torabi of ng3 systems, Mr Torabi is the guy who got things spectacularly wrong with the IP addresses that led to ACS:LAW targeting innocent people. He is using the same software, so one can presume the same results.
Golden Eye International are also using the same “Expert Witness” Clem Vogler. Alireza Torabi was shown in the leaked emails to have a somewhat troublesome relationship with Andrew Crossley to the point that Crossleys cohort Terence Tsang, consulted and arranged for the monitoring to be done by Guardaley. One would have thought Torabi at least would have learnt his lesson!
Ben Dover aka Lindsay Honey, was interviewed in January 2009, with regard to the same action taken in the USA by Larry Flynt, The interview can be viewed here. as can be seen, Honey claims he KNEW that his sales were already going down the pan and that he had “Seen it coming” and had diversified into other areas, even attempting to become a serious actor…
The problem with this kind of “Legal Blackmail”, as it was decribed in the House of Lords, is that it is VERY difficult to defend against. A person may have strong evidence that he has NOT downloaded one of their films, however to go to Court and have his name cleared costs a LOT of money. A person would more than likely pay up even if they are innocent through fear of not having the money to go to court to clear their name, and that is EXACTLY what people like GEIL are banking on. Of course being pornographers they have no shame, no understanding and no concern of what their actions have on the average person.
They want you to be frightened, they want you to fear going to Court, the reason being of course is that they have NO evidence whatsoever, against ANYONE. Don’t believe me? See this quote from the ruling of Media C.A.T (ACS:LAW) by Judge Colin Birss
All the IP address identifies is an internet connection, which is likely today to be a wireless home broadband router. All Media CAT’s monitoring can identify is the person who has the contract with their ISP to have internet access. Assuming a case in Media CAT’s favour that the IP address is indeed linked to wholesale infringements of the copyright in question… Media CAT do not know who did it and know that they do not know who did it.
Julian Becker claims that GEIL are different, they all did, every Law Firm that has tried this, claimed to be different from the others, but they were not.
Becker says “In our first letter we seek to find out more information regarding evidence of an infringement of our copyright”
Andrew Crossley of ACS:LAW said “I make an enquiry of the recipient of my initial letter following receipt of evidence that their internet connection was utilized for the purposes of infringing copyright of our clients”
GEIL are not of course Lawyers, so it will be interesting to see what they will do when a letter comes through the door of some innocent subscriber of O2 and they say “Screw you, con merchants”
We will see.
One final point is that I wonder what O2 meant when they talk about their “Unique” position in this case?, the only unique position as I see it, is that they are the only ISP to have acquiesced to this form of racket since ACS:LAWs spectacular disintegration.
I am angry, pornography accusations can wreck lives and marriages, that is why I will fight for those wrongly accused.
I will leave the last word to Mr Honey…
“Fuck! Aren’t I just the luckiest bastard in the World?
Not only do I get to film all of these fantasic looking girls stripping off for my camera, but I also get to slide my fingers knuckle-deep into their hot, wet snatches, then get my knob sucked into the bargain!! Have I got some awesome little jizz-junkies for you!”
And the comment:
“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”