DMCA Settlement Letters

RIGHTSCORP DMCA NOTICES – JUST THE FACTS

Rightscorp DMCA settlement demand notices

WHO SENT YOU THE DMCA NOTICE:

RIGHTSCORP
(a.k.a. DIGITAL RIGHTS CORP.)

HOW DID THEY FIND YOU?

RIGHTSCORP (DIGITAL RIGHTS CORP.) IS USES THE “DIGITAL MILLENNIUM COPYRIGHT ACT” (“DMCA”) TO FORCE THE INTERNET SERVICE PROVIDERS (“ISPs”) TO FORWARD THEIR INFRINGEMENT NOTICES TO THE ACCOUNT HOLDER WHO WAS ASSIGNED THE IP ADDRESS WHEN THE MUSIC SONG DOWNLOAD(S) OCCURRED.

WHILE SOME ISPs SEND NOTIFICATIONS BY MAIL, MOST FORWARD AN E-MAIL INFORMING THEM OF THE COPYRIGHT INFRINGEMENT AND ATTACH THE DMCA NOTICE PROVIDED TO THEM.

WHO IS RIGHTSCORP?

RIGHTSCORP (A.K.A. DIGITAL RIGHTS CORP.) IS A COPYRIGHT ENFORCEMENT COMPANY WITH APPARENT AFFILIATIONS WITH THE RIAA (MUSIC LOBBYISTS).  RIGHTSCORP IS HIRED TO ENFORCE THE COPYRIGHT RIGHTS OF VARIOUS MUSIC COMPANIES, MOST NOTABLY SONY AND BMG.

BECAUSE OF THE NUMBER OF ARTISTS UNDER THESE RECORD LABELS, RIGHTSCORP ENFORCES THE RIGHTS OF POSSIBLY THOUSANDS OF MUSIC ARTISTS, AND THEY TRACK THE PIRACY OF THEIR ARTISTS’ SONGS AND ALBUMS OVER THE BITTORRENT AND PEER-TO-PEER NETWORKS.

RIGHTSCORP IS NOT THE COPYRIGHT HOLDER, BUT THEY ACT AS AN AUTHORIZED AGENT OF THE COPYRIGHT OWNER TO ENFORCE THEIR CLIENTS’ COPYRIGHT RIGHTS.

WHAT ARE THEY CLAIMING:

THE UNLAWFUL DOWNLOAD OVER TIME OF VARIOUS SONGS AND MUSIC ALBUMS.  ALBUMS AND SONGS ARE DOWNLOADED VIA BITTORRENT.

WHAT DO THEY WANT:

THEIR DMCA SETTLEMENT DEMAND LETTERS INSTRUCT ACCUSED ISP SUBSCRIBERS TO VISIT THEIR WEBSITE AND PAY A SETTLEMENT FEE FOR EACH INSTANCE EACH OF THEIR TITLES WERE DOWNLOADED, UPLOADED, OR STREAMED.

MULTIPLE BITTORRENT DOWNLOADS OF THE SAME SONG (E.G., ORIGINAL SONG, “LIVE” PERFORMANCE, REMIX) ARE CONSIDERED SEPARATE ACTS OF INFRINGEMENT, AND WITHOUT AN ATTORNEY INVOLVED, THEY WILL SEEK MULTIPLE SETTLEMENTS FOR DIFFERENT DOWNLOADS OF THE SAME TITLE.

ONE DOWNLOAD LEFT SEEDING ON THE BITTORRENT SOFTWARE FOR FIVE DAYS CAN RESULT IN FIVE (5) INFRINGEMENT NOTICES, ONE FOR EACH IP ADDRESS ASSIGNED TO THE ACCOUNT HOLDER.

HOW MUCH DO THEY WANT?

RIGHTSCORP USED TO ASK FOR $20-$30 FOR EACH INSTANCE OF INFRINGEMENT.  RECENTLY, THEY HAVE INCREASED THEIR PRICES TO $75 FOR EACH INSTANCE OF INFRINGEMENT.

RIGHTSCORP HAS TAKEN STEPS TO TRY TO PREVENT ACCUSED DOWNLOADERS FROM HIRING AN ATTORNEY. 

BECAUSE ATTORNEYS 1) CAN OFTEN SECURE DEEP DISCOUNTS IN THE SETTLEMENT PRICES, 2) BECAUSE WE SCRUTINIZE THE SETTLEMENT AGREEMENTS, 3) BECAUSE WE CAN INFORM THEM THAT OUR CLIENTS ARE UNWILLING TO SETTLE, AND 4) BECAUSE WE ACT AS A SHIELD AGAINST THEM DOING ANYTHING AGAINST THE ACCUSED DOWNLOADER EVEN AFTER THE SETTLEMENT IS COMPLETED,  WE ARE A “THORN” IN THEIR SIDES AND THEY WOULD RATHER YOU GO TO THEIR WEBSITE AND PAY WHATEVER THEY ASK FOR AND ACCEPT WHATEVER CONTRACT THEY FORCE UPON YOU.

WILL RIGHTSCORP SUE?

RIGHTSCORP IS GENERALLY NOT KNOWN FOR SUING THOSE WHO DO NOT PAY THEIR SETTLEMENTS, HOWEVER THE RIAA AND/OR THEIR RECORD LABEL CLIENTS DO FILE LAWSUITS IN FEDERAL COURT TO COMPEL THE ISPS TO UNMASK THE IDENTITIES OF THE ACCUSED DOWNLOADERS.

FROM THERE, THEY CONTACT THE ACCUSED DOWNLOADER AND SEEK A SETTLEMENT OF THE CLAIMS AGAINST THEM.

HAVE MUSIC PIRACY LAWSUITS
GONE TO TRIAL?

YES.  MOST PROMINENTLY, SONY BMG MUSIC SUED JOEL TENENBAUM FOR SHARING 30 SONGS ON THE PEER-TO-PEER NETWORK.  THE LOWER COURTS AWARDED A $1.5 MILLION DOLLAR JUDGEMENT, WHICH IN THE END WAS SLASHED TO $675,000 (OR, $22,500 PER SONG).

THIS LAWSUIT WENT ALL THE WAY TO THE U.S. SUPREME COURT, AND THE SUPREME COURT UPHELD THE $675,000 VERDICT.

THIS CASE IS THE EXAMPLE USED BY COPYRIGHT ENFORCEMENT COMPANIES TO CONVINCE ACCUSED DEFENDANTS TO SETTLE THE CLAIMS AGAINST THEM.

SHOULD I PAY?

RIGHTSCORP (AND THEIR RIAA COUNTERPART) ARE WELL-FUNDED OPPONENTS TO BE TAKEN SERIOUSLY.  CONSIDERING THAT THEIR SETTLEMENT ASKING PRICE IS SO SMALL ($20-$75) [WHEREAS OTHER COPYRIGHT ENFORCEMENT COMPANIES ASK FOR $300-$400 FOR A SIMILAR DMCA NOTICE SETTLEMENT], THE ANSWER IS YES, BUT DO NOT SETTLE ON YOUR OWN.

RIGHTSCORP HAS BEEN ACCUSED OF A NUMBER OF PRACTICES WHICH CAUSE ACCUSED DOWNLOADERS TO PAY CLOSER TO A FEW THOUSAND DOLLARS RATHER THAN $20-$75 PER TITLE.  READ THE RIGHTSCORP FAQ ARTICLE, SPECIFICALLY ABOUT WHAT HAS HAPPENED OVER THE PAST SEVEN YEARS, AND THEN CONSIDER HIRING AN ATTORNEY TO NEGOTIATE AND SETTLE THE CLAIMS FOR YOU, EVEN THOUGH AN ATTORNEY WOULD ADD SIGNIFICANTLY TO THE COST OF THE SETTLEMENT.

STRATEGIES:

1) HAVE AN ATTORNEY NEGOTIATE AN ANONYMOUS SETTLEMENT COVERING ALL PAST CLAIMS OF COPYRIGHT INFRINGEMENT FOR MUSIC TITLES ALLEGEDLY DOWNLOADED.

SETTLEMENT WILL TAKE INTO CONSIDERATION THE NUMBER OF TITLES ALLEGEDLY DOWNLOADED, AND HOW FREQUENTLY THE DOWNLOADS OCCURRED.

ABILITY TO PAY IS A RELEVANT FACTOR IN CONSIDERING THE SETTLEMENT AMOUNT.

2) HAVE AN ATTORNEY DRAFT A “NO SETTLEMENT LETTER” ON YOUR BEHALF INFORMING RIGHTSCORP 1) THAT NOBODY IN THE FAMILY WATCHED OR DOWNLOADED THE MUSIC TITLES, AND THAT 2) NO SETTLEMENT WILL BE PAID, PERIOD.

NOTE: A “NO SETTLEMENT LETTER” IS A DISCOUNTED MEANS OF INFORMING THE PLAINTIFF ATTORNEY THAT NO SETTLEMENT PAYMENT WILL BE MADE, AND THAT THEIR CHOICE IS EITHER TO FILE A COPYRIGHT INFRINGEMENT LAWSUIT, OR LEAVE HIM BE.  BECAUSE THIS IS A DISCOUNTED “BAREBONES” STRATEGY, NO FURTHER COMMUNICATION WILL BE MADE WITH THE PLAINTIFF ATTORNEY.

RESOURCES:

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    FAQ ABOUT RIGHTSCORP DMCA SETTLEMENT NOTICES

    Rightscorp DMCA settlement demand notices

    RIGHTSCORP represents EVERY music copyright troll.

    This is a “Frequently Asked Questions (FAQ)” page on the basics about Rightscorp DMCA settlement demand notices, and the music companies they are representing.

    How much depth do you want?

    Based on how much you want to know about Rightscorp, we have created articles of varying depth and complexity:

    BEGINNER: *** If you were looking “JUST THE FACTS” on RIGHTSCORP, please click here.

    INTERMEDIATE: This article is a medium-depth article covering most questions you might have about Rightscorp.

    ADVANCED: ***For a more in-depth discussion about Rightscorp, please see my “All I know about Rightscorp in One Page” article.***

    RIGHTSCORP is a copyright enforcement entity which makes its money by sending DMCA violation notices to internet users through their ISPs.  Rightscorp DMCA settlement notices request a money settlement for each song downloaded.  They contact their accused downloaders by sending DMCA violation notices through that accused downloader’s ISP.  However, Rightscorp alters their DMCA violation notice to direct the accused downloader to a website where they could pay a settlement amount, or risk getting sued for $150,000 copyright infringement damages in federal court.

    Rightscorp DMCA settlement demand notices differs from most of the other DMCA notices which are regularly sent to internet users informing them that their IP address was monitored downloading so-and-so movie, that the download was unlawful, and to delete all copies of that movie from the downloader’s computers.

    What is the relationship between Rightscorp and the RIAA?

    The RIAA appears to be behind the Rightscorp company, and while Rightscorp’s financials used to be compared to a “sinking ship” over the years, I understand this has changed and they are on solid financial footing (my best guess is that they have received a recent ‘cash infusion’ from investors who have saved the company from sinking).

    Rightscorp has also been recently associated with Carl Crowell, the figurehead of another copyright enforcement entity called RIGHTSENFORCEMENT.  I have suggested that perhaps the investors of this entity (RIGHTS ENFORCEMENT appears to have the backing of the MPAA) are also recent investors of Rightscorp.

    The RIGHTSENFORCEMENT group is known for filing lawsuits in federal courts for the copyright infringement of their movies.  They are also suspected of copying and reverse engineering CEG-TEK’s DMCA settlement demand letter system.  Movie lawsuits associated with Carl Crowell and RIGHTS ENFORCEMENT local counsel across the US include the ME2 Productions movie lawsuits, the Cook Productions movie lawsuits, the I.T. Productions movie lawsuits, and most recently, the UN4 Productions movie lawsuits written about just this week about the Boyka: Undisputed 4 movie.

    RIGHTSCORP clients comprise various music companies, including BMG, and SONY.  (I keep hearing that Rightscorp’s clients also include big TV companies such as Warner Brothers as well).

    RIGHTSCORP is a pre-lawsuit settlement solicitation machine.  This pre-lawsuit mechanism uses automated DMCA abuse / copyright infringement notices to send settlement requests directly to subscribers through their ISPs.

    WHAT ISPs ARE SUSPECTED TO BE WORKING WITH RIGHTSCORP?

    ISPs suspected to be working with RIGHTSCORP are:

    1. AT&T,
    2. CenturyLink,
    3. Charter,
    4. Comcast,
    5. COX,
    6. Frontier,
    7. Hawaiian Telecom,
    8. Optimum Online,
    9. Time Warner Cable,
    10. Verizon, and
    11. Windstream.

    RIGHTSCORP DMCA settlement demand letters require that accused recipients visit their website and pay $20-$75 per instance of infringement, per title (this can be negotiated down by an attorney).

    WHAT IS THE RELATIONSHIP BETWEEN YOUR ISP AND RIGHTSCORP?

    Quick Answer: There are three reasons an ISP will work with a copyright enforcement company such as RIGHTSCORP:

    1) BECAUSE THEY ARE THREATENED TO COMPLY with the DMCA statutes,

    2) BECAUSE THEY PROFIT FROM THE RELATIONSHIP, and

    3) BECAUSE BOTH HOLD HANDS to reduce piracy on their networks.

    With Rightscorp DMCA settlement demand notices, the motive is deterrence (to stop the habit of downloading), and profit.  Most likely, since the Rightscorp DMCA settlement amounts are so low ($20-$75/song, as opposed to CEG-TEK’s $300-$400/movie) the relationship between Rightscorp and the ISPs is first3) a relationship of holding hands (with the implied threat of a lawsuit if the ISPs do not comply with their requests).

    WHAT ARE THE MUSIC TITLES FOR WHICH RIGHTSCORP HAS LICENSED TO SUE?

    RIGHTSCORP’s list of known music albums are far too many to list here, however, they comprise the artists under the BMG and SONY music labels.

    WHAT IF I ALREADY RECEIVED A RIGHTSCORP DMCA SETTLEMENT NOTICE AND IT EXPIRED?

    *IT IS NOT TOO LATE.*

    The copyright holders are given a 3-year statute of limitations to sue individuals for copyright infringement.  I understand that there is a short window (e.g., 30 days) where Rightscorp will allow you to settle before taking down the ability to settle.  However, unlike the other copyright enforcement outfits, Rightscorp does not send a second letter from their lawyers indicating that “because you did not settle, now we want more money.”  That second-tier settlement system appears not yet to be in place.

    Rather, Rightscorp has been known to take backchannels to disable the internet user’s ISP account by complaining to the ISP about that user.  Rightscorp also has been known to robocall accused downloaders at all hours of the day and night, and the threat is that their clients (the music labels themselves) can file lawsuits against those accused downloaders who do not pay their settlement fees.

    SHOULD I IGNORE THE RIGHTSCORP DMCA SETTLEMENT DEMAND NOTICE?

    Short answer: Because there are MANY ‘COPYRIGHT TROLL’ ATTORNEYS filing lawsuits across the US (and since Rightscorp has been associated with RIGHTS ENFORCEMENT who are actively filing copyright infringement lawsuits across the US), it is likely a VERY BAD IDEA to ignore this.  Speak to an attorney about the likelihood of a lawsuit based on your particular circumstances.

    IS IT SAFE TO LOG IN WITH MY CASE NUMBER AND IP ADDRESS ON THE RIGHTSENFORCEMENT.COM WEBSITE?

    Short Answer: Absolutely not.  Logging into the RIGHTSCORP website will not only likely create a record that you were given the chance to settle for a mere $20-$75 per song downloaded (multiplied by the number of times that song was tracked as being downloaded), but there are also likely trackers and barbs built into the website which can dig into your computer and determine private things, such as what IP address you are coming from, where you are physically located (based on the geolocation of your IP address), what the MAC address is of your computer, what your operating system is, etc.

    ***And, if you do not have your javascript off and Adobe Flash capability turned off, RIGHTSCORP can dig deeper into your computer to determine what files you have installed on your computer, what software programs you have installed on your machine (e.g., do you have bittorrent installed?), and their website can run scripts (akin to apps or mini-programs) in your browser to reveal many other private things about you.

    WHY DO YOU KNOW ALL THIS?

    RIGHTSCORP has become the largest sender of DMCA abuse / copyright violation system (surpassing even CEG-TEK and RIGHTS ENFORCEMENT).  I started looking into them in 2013, digging deep into the mechanics of their website, learning what tricks or systems were put in place, and I am generally knowledgeable about privacy and anonymity to the point that would make even someone wearing a tin hat cower in a corner.

    What makes me good at this is because I understand not only what comparable copyright enforcement monetization outfits have done with their websites, but I also understand how their systems can be misused, and I have every expectation that the RIGHTSCORP website will continue to advance so that advanced tracking and scripts with provide their BMG client’s attorneys evidence against you which they will use to gain an advantage over you.

    Plus, this is all fun for me (I am not a hacker), but I enjoy uncovering what pitfalls the bad guys have set up on their sites, and how to get around those pitfalls in a way that keeps my clients anonymous, that protects their wallet, their credit cards, and their peace of mind, and that keeps them legally out of trouble.

    THIS WAS A SHORT FAQ FOR RIGHTSCORP.  WHERE DO I LEARN MORE DETAILED INFORMATION ABOUT THEM?

    One again, to learn all I know about RIGHTSCORP, I have written an in-depth article on our Cashman Law Firm’s TorrentLawyer blog entitled, “ALL I KNOW ABOUT RIGHTSCORP IN ONE PAGE.”  I will keep that article up to date as I learn more about this growing problem.

    —
    CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

      NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together.  That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.

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