Following on from SKY sending out letters informing their subscribers that they would soon receive a letter from Copyright Trolls Goldeneye International (”GEIL”) it has started. GEILs letters, claiming compensation for Copyright Infringement have already started to fall on the doormats across the nation, the equivalent of having a dog turd chucked through by a bored teenager, but this turd will have a cash demand, well the second one will.
Timed to coincide with Christmas, thus giving the recipients unneeded and unnecessary worry over the festive season. Listen to me though, expecting a Troll to care, LOL, they often say I am a Faceless keyboard warrior, I say they are Trolls without a soul.
GEIL, whose Directors Julian Fraser Beck and Lyndsay Honey are quite simply exploiting a Copyright Designs and Patent Act (“CDPA”) from 1988 and a Norwich Pharmacal Order (“NPO”) which was first granted in 1974.
How can their actions be regarded as exploitation of the CDPA act and NPO?
There are many reasons mentioned and explained here on this blog. Three particular reasons I wish to highlight.
- Why pornography?
Yes, why pornography? It is only pornography producers involved in BitTorrent monitoring and sending speculative invoicing letters. The vague exception is TCYK LLC and their “Works” The Company You Keep which isn’t pornography, but the link with Marcus Auton and GEIL is implicit enough.
So is pornography the only media affected by BitTorrent downloading? Any pornographic producer or even Julian Becker saying so would truly be misguided by saying such a thing. Could pornography be the only media where producers can argue lost revenue through BitTorrent sharing? Again, such an argument is preposterous to even suggest.
So why is it only pornography?
Which leads us on to number 2.
How can Julian Becker in an interview with the BBC back in December 2012 know for sure he can offer GEILs services to US producers?
“I look forward to travelling to adult conferences in Los Angeles and Vegas in early January to offer Golden Eye’s services to other producers,” he told the BBC
Yes there is BitTorrent use which we know, but to say in a BBC interview that you have an intention seems to suggest a particular confidence which I believe can only come through an intention regardless rather than a belief and hope. Or to put it succinctly, I see it that Julian Becker goes to the US to bring on board US producers in this elaborate well rehearsed 2 exploitation of the CDPA/NPO in the UK. Oh, and whilst Julian Becker was in the US, he could gain the bonus of TCYK LLC as a one hit wonder!
Such confidence from Julian Becker is a real indication of knowing that the exploitation of the CDPA/NPO in the UK rather than any desire to go to Court against any alleged infringers.
- Overload of explicit material
I think this has some relation to reason 2 above.
To be truly confident of results, the more titles the better. Echo Alpha Inc has 41 pages in their witness statement of pornography titles they list! Most importantly in GEILs attempts at exploiting the CDPA/NPO in the UK and ensuring a payment of their suggested settlement is to bring a claim against their victims of allegedly sharing a very sexually explicitly named video title.
There is an add-on advantage of providing to the Courts thousands of pornography titles. It gives the opportunity to bring multiple claims of infringement against an alleged ISP subscriber. As is in the past with GEIL, the first sanitised Court approved letter will only have one copyright material mentioned. Suddenly, the next letter from GEIL may well list additional titles miraculously!
OK, what do reasons 1, 2 & 3 above make you think?
The logical conclusion is a scam motivated by greed.
I will again repeat the words of Lord (Hansard 1 Mar 2010 : Column 1256 )
“This scam works because of the impossibility of producing proof against this allegation. How can you prove that you did not do this thing? You have an internet connection, and they say that it was done over that internet connection. It is no good producing your computer, because you committed the offence using a different computer. It is no good saying that you are a 97 year-old widow and that you hardly know how to use the telephone, let alone the internet, because, nevertheless, you have an internet connection and they say that it was abused. It is extremely difficult to produce evidence to gainsay this. All you can do is deny it, and one of the things that they say in the letter is, “Don’t bother to deny this without producing evidence that you didn’t do it”
The result is that a very large people of number pay up, as a result either of the first letter or of the letters that follow. As far as I can discover, despite the tens of thousands of orders that have been granted, the solicitors involved have never taken a seriously contested case to court, because getting money out of people on the basis of the compromise offer is actually what is lucrative.”
Stand up, Stand Strong, Do not fear. Reply Deny, Repeat. FIGHT!
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