I think that we need to look at our goals and then look at the problems that are keeping us from reaching those goals and do our best to fix it.

The goal for most here is to run a small business that is profitable. We strive to make the business profitable so that the business can pay us a nice salary and we can live ours lives, pay our mortgage, have a decent car, and for many raise our family in a decent style and environment.

Thats simple and it doesn't matter if the business is an online content website or a beer store on the corner. The overall goal is the same - a profitable business that feeds our lifestyle and family.

Let me use that beer store as an example -

If any of us ran a beer store and during the course of business we found a guy stealing cases of beer out the back door of our building and setting up a beer stand across the street offering (our) beer at half price we would do something to stop him.

Not because we don't want him in the beer business - but we don't want him in the beer business with our beer and at our expense.

If possible we would lock the door. If he still managed to get in we would change the locks and put up big signs warning him about alarms or trespassing laws. At this point we may also call in law enforcement but to them beer (like online photos and video copyright theft) is not something they have time for so they are of no help and the beer thief knows this.

If he still managed to get in we would get a big badass dog and hope he came back so the dog could take a nice bite out of his ass.

If, somehow, he kept coming back and managed to get past the dog we would get a gun and wait in the store and if the fucker came back we would put a bullet in his fucking chest.

We are not doing it to protect the beer. We are doing it to protect the business because, as explained above, that small business is what feeds us, our lifestyles, our families, our kids and our future. Its self-defense and only the most pussy of people would let that beer thief come back again and again and again without taking serious action.

Online content is beer. Online forums displaying our content are the beer stand across the street.

Copyright logo on photos and videos? Thats the same as a "No Trespassing" sign. Doesn't scare anybody away because they don't think they are going to get caught so they don't worry about being charged with "Trespassing" or "Copyright Infringement".

DMCA notices? Thats the same as yelling across the street at the guy "Stop selling my beer or I'll sue you". He laughs at you - knowing its a bluff and that even if he shuts down he'll be back with your beer the next day (just like violators know that even if a link is taken down it will be back up as quickly as they can reach for their mouse).

Guns are a very direct solution to the beer stand across the street. Scare him enough or hurt him (or his family) enough and he'll never get near your beer again. But, laws won't allow us to run over and shoot guys that post our materials online. Doesn't matter because there are the various digital equivalent of "guns" and its time to use them.

If you are serious enough about your content and have registered it at the Copyright Office you can sue. And, you don't need to send a DMCA notice first.

Posters do not get DMCA protection - no matter what. Forums and file lockers DO NOT get DMCA protection unless they have registered and paid a registration fee at the copyright office.

Guys that download are not safe just because they say "I didn't post anything". The law says the copyright owner has the exclusive right to copy or reproduce the materials. Downloading IS reproducing and those idiots can be sued.

Posters that post for free as a hobby or as a business (filelocker affiliates) are the same thing - they are taking business away from your website and if you have registered your content at the copyright office you DO NOT have to prove how much the have hurt your business to get an award up to $150,000 per violation - just that they violated the law as written.

So, what is the " equivalent" of a gun you can use to protect your business?

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.

Part 3 coming...

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?

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).

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.

In this post I have used two odd phrases: "The Equivalent of Guns" and "Self-Defense Ruthlessness".

Its a war and you have to go into war determined to win as many battles as you can along the way. Unfortunately, you are fighting some guys that are dirty and that fight dirty... they hide their names, they steal, hell often they even fight with each other to see who can harm you quickest (after your site updates) or the most (by most of your content in a single forum).

Remember at all times that this guy is trying to ruin you and kill your business and keep you from feeding your kids.

How to fight back...

The most obvious thing that comes to mind is to sue the bad guys. Often that is not easy due to where they live or budget concerns. There are other things to do...

The most effective (out of court) thing to do is to contact the guy at home or work. You can't imagine the shock when you call a guy at his office and identify yourself. Not yelling, not using a fake name, just asking him to talk and explain why you shouldn't sue him and his wife.

Write letters to him and the wife. Make sure it is sent certified mail so they know its serious (and thus you are serious) and you have a record that you tried to stop the damage he was doing.

Mom's are great people to contact on Facebook or by mail. Post a comment about how you are the owner of such and such site and how you are trying to locate her son that has been pirating the site. He'll get the word, he'll cuss at you, but 9 times out of 10 he will never fuck with your content again.

SIDEBAR: You wouldn't believe how many 20-40 year old pirates live at home, on welfare or unemployment, and are just lasy fucks.

If you know where he works - write letters to the boss. These guys are addicts. Trust me they are checking and posting to KK from work. Let the boss know that he and his business will also be named in any lawsuit you are forced to file. In one of the cases mentioned above the guy worked for the county in their IT department. You can bet that both his boss and the county commissioners got a copy of the lawsuit. He was fired within 2 days and complained to the court and the court didn't even mention it to me (Cases are public record so letting the public know about it is all good). He was taking action to cause me to lose my income. Doing the same back is not rude or ruthless, its a very fair and equal reply to the war he started. If a guy comes after you with a baseball bat you are not going to beat him off with a feather - best to go get your own bat!

If he rents his place - write to the landlord explaining how illegal activity is taking place at the home / apartment. This works real good if the place provides group Internet access like some apartment complexes.

If he has kids write a letter to the school asking for help. Explain how you are hoping to locate the father of "such and such" because he is ruining your porn business. How many mothers will appreciate going to school to review the letter. Hubby won't have a computer when he gets home.

The most powerful tool you have outside a courtroom is Google. Start a blog and discuss the issue of copyright infringement and how John Smith, husband of Sally Smith, on 123 Main Street in Dumbass, Ohio has been posting your materials on the massive illegal porn site named Kitty-Kats and killing your business. Everybody Googles their own name, their husbands name, the name of prospective employees, etc. They will be quick to take down the ILLEGAL posts they made damaging your business because your honest and legal discussion is hurting them. Including photos and links to their Facebook (or wife's Facebook) help.

Remember, they only pirate because they assume that they will not be harmed by it (not caring that you, your employees and related families are being harmed). As soon as any sort of harm turns back their way they will stop. As soon as that anonymity is stripped away that are scared like cockroaches when the lights come on. On that WP site I mentioned I got hundreds of emails calling me names. As soon as I used the site / blog to start posting names the name calling stopped and the written agreements to no longer post got signed.

Banks and payment systems are awesome to contact. If you know the guy is using Paypal to sell your content, or anything else, contact Paypal with a screen shot or two. They will close the account. Same with banks. When that Oron case happened in 2012 and those records became public I found the name of a guy that was pirating my stuff and his bank info. I wrote to his bank in Romania about how he was using the bank and incoming wires for illegal acts online, fraud, tax evasion, etc. Guy never fucked with my shit again.

Just this past summer I wrote to Namik Tan, Ambassador, 2525 Massachusetts Avenue
NW Washington, DC 20008 and General Directorate of the Turkish National Police
Dikmen cad. No:11 06100 Çankaya, Ankara, TURKEY about a Turkish guy that was fucking with my stuff.

And that brings up an awesome point: Government agencies and elected officials. Great people to write to when you find a pirate that is living off welfare or unemployment. You have to fight back - he is taking food away from you and your kids so its perfectly within the rules of war to do what you can right back.

Remember, the pirate started the war and you are defending yourself. Nothing more.

So, if I find a pirate being a lazy ass living off government assistance I contact the government - like this...


Dear State Senator,

I manage a 30 year old photography business in Colorado. Both myself and the business pay our taxes and follow the rules. The business employs nine tax paying citizens but without your help many of them may lose their jobs soon.

Within the electoral district you represent there lives a party by the name of John Doe. He is a pirate - meaning he steals online photography works from companies such as mine and shares or sells them, in violation of Federal Copyright, online so others do not pay my company for the materials.

I write to you because I have information that he does this illegal activity with the assistance of you and other taxpayers in your district. He is on your local welfare program - which provides him the funds (taken from honest taxpayers) to pay for computers and internet service to conduct his illegal deeds. I can't fathom a circumstance in which a state representative such as yourself would approve of such a use of taxpayer funds or the welfare system - in particular when it will cost others to lose their jobs if not stopped.

Blah, Blah, Blah and on like that. Make sure that the letter ends stating that you are sending a copy to local media to also ask for their assistance in saving the jobs of your employees. He or she will act or the people in the office will act and the pirate will be called into the welfare office or unemployment office or probation office (lots of pirates on probation for DUI and such).

------- Time I Stop My Rant -------

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

I work long hours during the week from very early to early evening. I monitor the project via Podio on my mobile phone and laptop other times.

I have an external source of income and some other business interests.

Copy Control employs two people locally in Melbourne, one in an administrative role and one in an analyst/research/admin capacity.

We also employ a programmer off site and up until the end of March employed a programmer/developer on site however she has now finished up.

I made a commitment to give this another two years.

There's all sorts of creative ways to hit the pirates, we spend a lot of time thinking of different ways to impact their activities.

The key here is to make it more trouble than it is worth to engage in piracy on a commercial scale.

Some people call it whack a mole but in reality it's a case of running a continuous campaign of mitigation to keep the pirates guessing as to what service, billing method, ad revenue or domains they will lose next.

Great Stuff!:thumbsup 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.

thx for answering