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.
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.
This link is the only fragment left of a thread that was started on The O2 Forums. I joined the thread and posted a total of 5 posts (31/03_2012), engaging with the board users “Perksie” “Brownie” and “O2MACH”
I don’t believe I was rude in any way. I pointed out that I believed that O2 did NOT fight for their customers and I used the published Judgement to prove the points that I made.
In a covering letter dated 20 September 2011 Golden Eye stated:
“We are the First Applicant and act for the Second – Fourteenth Applicants in this application.
It may be somewhat unusual for the Applicants to apply on their account. However, there has recently been a certain amount of publicity associated with this type of claim (ACS Law; Davenport Lyons). We therefore believe that we will be best served acting for ourselves.”
The letter went on to request that the claim be considered on paper, and enclosed a copy of the skeleton argument which had prepared by counsel instructed on its behalf on the application against BT.
On 7 October 2011 Baker & McKenzie filed an acknowledgement of service on behalf of O2 stating that O2 did not intend to contest the claim.
I pointed out that it was strange that O2 were the only ISPs targeted by “Golden eye International” and further pointed out that PlusNet have been very robust since their experience with ACS:LAW and have come out on their own forums and said, they will resist a Norwich Pharmacal Hearing that would allow a company to have access to their Customers private information.
It seems O2 did not like this dose of truth. I have tried to contact O2 but have had NO REPLY
Their seems to be a media output on their behalf of “O2 had no choice” and “O2 FORCED to hand over customer details. Both of these IMHO are false.
O2 DID have a choice, they could have said NO.
This was blown out of the water at a previous hearing by Judge Birss who presiding over the ACS:LAW/Media C.A.T debacle (That used the same software to monitor) he stated.
“Assuming a case in MediaCATs favour that the IP Address is indeed limited to wholesale infringements of the copyright in question… MediaCAT do not know who did it, and know that they do not know who did it”
Further to my point of O2 HAVING a choice to say NO, I include the communication between O2 and ACS:LAW that quite clearly shows, they could have said no then, but merely asked ACS:LAW to change some of the legal arguments to suit them better.
If “Perksie”, “Browni” or “O2MACH2” would like to continue our discussion, they are more than welcome to do so here..
UPDATE 1: From O2 ..
@acs_law_illegal Hi there, we’ve just moved to a new forum and only moved over the busiest topics
Hmmmm oh Reeeeaaaalllly
Telefonica Spanish owner of O2, were approached by Golden Eye International with a request to disclose 9124 (NINE THOUSAND ONE HUNDRED AND TWENTY FOUR) of its customers details. “Golden Eye International” (GEIL) is a trading name for “Ben Dover”, the Pornographers.
It is astonishing to think that this request came on the 20th September 2011, a FULL year after the ACS:LAW debacle unravelled. At a time when all other ISPs have stated they would not work with the “Speculative Invoicing” scheme, O2 alone has bucked the trend.
They did NOT fight for their customers, rather they SOLD them out
5: On 7 October 2011 Baker & McKenzie filed an acknowledgement of service on behalf of O2 stating that O2 did not intend to contest the claim.
6: On 18 November 2011 the parties were given notice of a disposal hearing before Chief Master Winegarten on 6 December 2011. On 28 November 2011 Baker & McKenzie wrote to the Chief Master to confirm that O2 did not oppose the making of an order in the terms submitted by Golden Eye, and therefore did not intend to attend the hearing. At the hearing on 6 December 2011 Mr Becker attended on behalf of the Claimants. The Chief Master raised a number of questions about the proposed order, which he asked Mr Becker to relay to Baker & McKenzie. Mr Becker duly did so, and on 14 December 2011 Baker & McKenzie wrote to the Chief Master answering his questions. In the letter Baker & McKenzie stated that, prior to issuing the Claim Form, Golden Eye had provided O2 with a draft of the proposed order and that Baker & McKenzie had made amendments to the draft. A number of amendments were identified and explained. The letter reiterated that O2 did not oppose the making of an order in that form. Having considered the letter, the Chief Master decided to refer the claim to a judge.
120: In consider the proportionality of the order sought, it seems to me that it is important to have regard to the precise terms of that order. The terms of the draft order having been negotiated between Golden Eye and Baker & McKenzie, it is in a form that O2 is content with. Thus it may be regarded as proportionate as between the Claimants and O2
32:1: 4(b) Within 7 days of the date of this Order, the First Applicant, on behalf of all the Applicants, shall pay into an escrow account to be held by the Respondent’s solicitors, Baker & McKenzie LLP, (the ‘Escrow Account’) a sum equal to £2.20 per IP address requested within the initial Batch together with £2500 costs to be held as security for the costs specified in paragraph 5 below.
They COULD have contested it, but CHOSE not to.
If YOU are a subscriber of O2, I think maybe you should consider moving to an ISP who values you as a customer more than the needs of a Pornographer who after all is merely following the example of ACS:LAW. Golden Eye International after all were first represented by Tilly Baily Irvine. It was only when TBI reacted to the negative publicity including being named in the House of Lords that they withdrew and GEIL continued.
Their will be another hearing after Easter regarding the GEIL hearing and how the letters will be composed, one thing is for sure GEIL did NOT get what they wanted.
This is not a new direction more an attempted refinement of the scheme that Davenport Lyons, ACS:LAW, Tilly Baily Irvine and Gallant Macmillan/Ministry of Sound have attempted and failed. It should be treated with the same contempt.
The contempt indeed that O2 have shown it’s customers.
Previous Posts RE Golden Eye International
Terence Tsang is working for PSB LAW. The former Davenport Lyons and ACS:LAW Paralegal, had gone off the radar as far as those interested and greatly affected by the dealings of Davenport Lyons and ACS:LAW were concerned.
After a brief stint at Cramer Pelmont that ended at the same time as leaked emails from ACS:LAW showed that he had continued working for them whilst at Cramer Pelmont, he seemed to have dissapeared.
The fact he has been so hard to find is that Terence Tsang has stopped using his real name and has adopted the new name of Terence Jintin (This may actually be his middle name) What is of interest is that PBS LAW it would seem have gone to great pains to conceal his identity.
On their website the actual text describing their team members is HTML text, however on Tsangs it is an actual image. This has the effect of being invisible to both Googles and other search engines “Search Robots”. In addition to this, in the HTML of the page “About us” there is in the header a HTML intruction <meta name=”robots” content=”noindex,nofollow” /> this instruction will stop a search engine actually indexing that page and any links from it. In effect this makes the page invisible to normal searches and would only be seen by someone who was on the actual PSB LAW website. there is NO link to Tsang/Jintins presence on this page. All rather strange.
To be clear Google and other search engines will search and index the total PSB LAW website EXCEPT Tsangs own page.
One has to wonder WHY Tsang has changed his name. If what he had done at Davenport Lyons and ACS:LAW was so right and above board, then why try to hide? Of course the Courts have not found what Davenport Lyons and ACS:LAW did was right, and neither has the Solicitors Regulation Authority that has sent both Davenports Brian Miller and Dave Gore and ACS:LAWs Andrew Crossley to their Disciplinary Tribunal.
There are many ways to hide online, doing what PSB LAW has attempted to do, may have worked, however the best way to remain anonymous online and protect your name and reputation seems to me to not upset people in the first place by exercising dubious legal methods.
The FULL hearing into Davenport Lyons Lawyers Dave Gore and Brian Miller.
(On Page 7 at 18 the cryptic letters are as follows …
Tw = Topware Interactive
Cm = Codemaasters
RP = Reality Pump
T = Techland
A = Atari
Dp = Digiprotect
Ls = Logistep)
I realise they may be seeking anonymity, but NONE of them have apologised for the pain they caused, so I think they are fair game.
It has come to my attention that this PDF is NOT searchable, so here is one that is. I must caution you however that this is an OCR Conversion and may contain grammatical innacuracies.
I would urge you to use this one for it’s search capability and then compare the results with the original. Unlike those engaged in Speculative Invoicing, I like to be accurate… I hope you understand.
Here is the SEARCHABLE version
Please post any observations or comments below.
To Download each version. Please click HERE for the original….