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Old 04-06-2014, 06:06 PM  
WDF
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Location: Nashville,TN. Music City U.S.A.
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Quote:
Originally Posted by JimmyStephans View Post
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Quote:
Originally Posted by JimmyStephans View Post
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Lawsuits and lawyers are real threats and deter people. As soon as you sue a couple of pirates many of the others will back away from your content.

HINT: Since 2009 I have sued about a dozen pirates and, on my own or with lawyer help, have done out of court settlements with at least 200 more pirates. I make sure the world of pirates knows the actions I am willing to take.

Do you see any of my content on Kitty-Kats? No, because I made it so its not worth the hassle (risk) to those people.
Quote:
Originally Posted by JimmyStephans View Post
Here are examples:

Direct, in person, action to stop a pirate board that had thousands of my images in 2009.

http://wp-board.com/ (at the time it was as large as KK is now).

The images linked below have names blacked-out because most settlement agreements have a non-disclosure clause.

This image shows a screen cap taken today of a folder on my system. Its exactly 100 WORD files (see lower left) and each document is a settlement between $250 and $1000 from just one group of guys on that one website. Settlements above $1000 or that required monthly payments were handled by lawyers so the documents are not on my system.

http://wp-board.com/gfy/word-files.png

There was 4 settlements of $20,000 or more (each) from that one website. One guy had to pay me and 3 others ($25,000 total).

http://wp-board.com/gfy/beard.png

If you take action (not just whining) you can limit copyright infringement. Not eliminate, but limit. And any limiting of infringement of your materials very likely means increased sales of your content.

I used to run a non-nude multi-model website and it was being hurt by http://wp-board.com/ back in the spring on 2009. Within 60 days of shutting down that piracy my sales went up 28% (documented) and many of those subscribers were returning subscribers - meaning they had been members recurring but stopped when they could get free it from at WP. Soon as the free content was stopped they came back and paid.

No - That one website is not just a rare case. You can discover and stop pirates on many, many sites if you try hard enough.

Motherless.com - One guy posting my stuff there lives in a $500,000 house and did it as a hobby. He hired a law firm that was familiar with copyright law and they advised him to settle. He paid the firm, the firm transferred money to my lawyer, and here is the check to me (October 2012):

http://wp-board.com/gfy/logan.png

Non-Nude.tv had many domain names over the years and is now out of business. But, guys posting there... oh sure. Have a case in Federal court now against one, have settled with maybe 15 others, including this guy (July 2013):

http://wp-board.com/gfy/hirsh.png

By the way - that guy owned a $1,000,000+ property in Connecticut and hired a law firm that specializes in copyright law. http://delioandpeterson.com/

Think they would have had him settle for that amount if he could have been found not guilty in a trial?
Quote:
Originally Posted by JimmyStephans View Post
Kitty-Kats? As I said, they don't mess with my content there now but there was a few guys a couple of years ago.

One of them was also traced back to the WP site. The suit is public record so here is a copy:

http://wp-board.com/gfy/12-CV-00327-..._Complaint.pdf

The cases was settled in October 2013 and the gentlemen will be paying me monthly (for years).

The other guy that was posting there was in Romania and that takes a bit extra work - but he is no longer posting my materials (but does others).

I could go on and on and on with settlements, scans of checks, lawsuit samples and more but by now you guys should get the point. Things can be done if hard work, money and a bit of "self-defense ruthlessness" is put into the problem.

To be "ruthless" in the "self-defense" of your business you have to first get it very clear in your head just who you are fighting and how serious the issue is.

When a pirate gets ahold of your content the first thing he does is masturbate to it and cover his grimy hands with his own jism.

As soon as he posts that material on Kitty-Kats, so people don't need to pay you, he is reaching across the Internet with those same grimy cum-covered hands and sticking them in your mouth taking your food away.

As soon as you bend over to barf he sticks those grimy cum-covered hands in your wallet, and as soon as you turn to swat that hand away he moves it over to take food away from your wife and children with those same grimy cum-covered hands.

Its time for you, your wife, your children and your business to stop choking on those grimy cum-covered hands and do something aggressive to stop it from happening again (or as much).
Quote:
Originally Posted by JimmyStephans View Post
RULES - Before you fight back you need to be prepared to do it honestly.

A- Don't use a fake name. Threats from "WebmastaDude" are worthless threats. Use your real name.

B- Do not make threats that include physical harm. Never say "I'll beat your ass" but do say "If I have to sue you it will wreck your credit and you'll have to be paying me off for years. You don't want that to happen do you?"

C- Don't say anything you can't back up. Don't say you have proof if you don't and don't threaten to sue unless you are prepared to sue.

D- Don't try to teach them the law or argue any points of law with them. If they say "You have to send me a DMCA notice first" do not yell back. Calmly say that they may wish to go hire a lawyer to confirm that (and maybe send link to the full DMCA so they can read and learn).

E- Be happy for them to get a lawyer. Every single time a guy got a lawyer in my 5 years fighting this stuff the case was settled within 30 days. The lawyer tells the client how stupid he was, how his buddies online at KK lied when they said it was OK, how the award can be up to $150,000 per violation, and how the settlement best be done soon.

F- Never break the law yourself chasing them or you just become them.

G- Never tell them how you found them or talk about your methods in public. Pirates talk to pirates and your tracing methods will be less affective if you let them out.

H- Always let them talk and have their say. That means do not lose your temper and cut them off every three words. Two reasons for this - some pirates will give you more information to use against them. Others will be sorry and offer a settlement real fast to protect themselves from embarrassment and hassles at home (wife, parents, employer).

I- Be Honest, at least in public. That means, use your real name, business name and contact information, but also be honest when writing about them or to them. More on that "about them" part below.

J- Its a business. Write letters on letterhead and make sure they read and sound professional. Duh - grammar and spell check!

SIDEBAR: Letters, on paper and sent by certified mail, are much more powerful. Don't be lazy and send an email in all lowercase letters.

K- Do Not Fight The Detractors. That means when guys use those anonymous email accounts or forum posts to call you names like, "copyright troll" and all that silliness, don't fight back - take pride in it. Its means you are winning. If they have to resort to child like name calling rather than a business discussion - you are winning.

L- Don't ever believe what they tell you. They always lie - at least on the first contact, phone call, letter, etc. "It wasn't me", "I have open WiFi", "it was my brother", "It was my minor son and you can't sue him" and on and on.
Quote:
Originally Posted by JimmyStephans View Post
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Quote:
Originally Posted by JimmyStephans View Post
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This post has grown too long and I have things to do.... Time to go. But first... Remember these things...

Piracy can't be stopped but it can be limited. Every time it is limited it means more subscribers pay the hard working content creators / owners. Just like shoplifting at a retail store - somebody always gets away with it but the stores still do as much as they can to limit it.

The goal is not to profit from piracy. The goal is to limit piracy so you can profit from your content in the manner in which you wish to distribute it.

The pirates started this war. You have to defend yourself. You are not wrong fighting back - even if they get embarrassed, or their wife kicks them out, or they lose the unemployment checks. Its self-defense.

And being a war and self-defense means you won't be here much longer if you don't fight them harder and more aggressively then they fight to ruin you.


Jimmy
Great Stuff! This is a really great "DIY Guide".

You employ many of the same techniques/principles we do for our clients.

In many cases I can help with information, we archive lots of data.
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