statement of purpose
This blog is not about 'shares by accident' , but it will be updated regular with cases of ORGANIZED piracy on social platforms, which can and will be proofed due investigation by forensic digital experts in co operation with a lawyer, specialized in international copyright law.
The postings on this blog will also show, how much of these illegal activities are organized and well planned with the goal to destroy small businesses and online stores period by threatening store owners either way to comply to the pirate's demands or to suffer the consequences in form of excessive file sharing of pay-to-use products.
additional postings about piracy generally and social structures in groups and/or social networks will also be published here.
the authors of this blog do not give legal advice, only sharing experiences and the results of research. For further steps you might want to take, please consult your attorney at law.
Sunday, January 31, 2010
there is actually a lot you can do, here are some options
1. step - the 'Cease And Desist' letter
can be of help if the one who is sharing is a 'sharer by accident' or out of dis consideration.
I will upload a model CD letter and link to it as soon as possible.
tip:: if the culprit replies in an insulting way, you can on top of the infringement file against harassment. you have the right to contact and confront them, keep the mails they send to you and rejoice in every insult, this speeds up your case even more.
2. step - the complaints
against the platform where your stuff has been shared (google groups, yahoo groups, blogspot etc.)
against the provider of the infringing party
you find this provider by extracting the header of an email, the provider or ISP shows up as a number. You find a link in my side bar to a place, where you only have to copy and paste the email header in a blank field and it will extract and track the originating ISP for you
If this ISP only leads to a gmail account - no problem either, you can follow up with step 3
3. step - the subpoena
you can take your case directly to the court in your home town and file for a subpoena of disclosure of personal information about the infringing party (pirate) , do not delete any emails but rather save them on CD to take along when you contact your local courthouse.
once you have the subpoena, send it to the provider and to yahoo, according to the DMCA the providers and social networks have to disclose the information, the same goes for Rapidshare, pando, mediafire etc.
4. the demand of termination of an account by abuse
repeatedly offending users will be reported more than once, subpoena or not - you can demand from a provider to take the person off the 'air' if they don't stop their infringing activities. Yahoo mostly does that as soon as they are convinced about the nature of the shares and the premeditation and repeat of the infringements. include your demand literally like that: 'I demand of you to terminate the account of the infringing party, since the infringement has been repeated' make sure the word 'demand' is included
little tip::if a person shares your stuff in more than one mails, file your complaints in a time delay of 24 hours, this way the provider issue a second (third, fourth and so on) complaint number and treat it as a second case of infringement, remember - they do it again, you can demand of the provider to block their accounts
5. when you file complaints, stay with facts and not emotions. we all know what illegal shares do to us mentally and we tend to give in to the anger and disappointment over the loss of income and the 'rape' of our work. This is ok and understandable, but keep professional correspondence professional.
complaints have to be filed a certain way and every place has their own 'forms' they want to work with, stick to those forms, don't forget to include the statements they need to have and your full personal information, a complaint is not a mail you send to someone to cry your heart out, it is an official document which is an important part of a lawsuit if it comes to this later on. many complaints get trashed right away, if the infringed party does not follow the form and instructions by filing it. Prepare model complaints to make it easy on yourself, once you have the model complaint, you just have to fill in your information about the case and your person, takes you 5 minutes and you can send it off to the provider.
I will upload all the model complaints I have, for different places and providers, just give me some time for that, I do this in my free time and so it will be a slow process until this blog is complete, when it comes to forms and explanations.
stay safe and don't let those mobsters out there get the best of you, always remember - they are wrong and you are the copyright owner, you have rights and need to demand those rights, keep fighting, don't be afraid or scared. It takes more than a wannabe mafiosi to bring an honest, working person down.
Saturday, January 30, 2010
a new case is coming up, a lady named Jeanne Convis, well know pirate and snag'nshare groups member is sharing oooodles of kits with illegal links to rapidshare, pando, mediafire and so on.
this one is buying once and then sharing with thousands of people - yes - YOUR hard work, YOUR hours of creating and your artwork, too.
She got targeted before in another group and vanished for a little while in the swamp of piracy underground, now she's back and it is time to stop her, once and for all!
let's get it on, should be easy enough since we know she is using her verizon email addy for committing her offenses - how thankful we are for such crucial information.
see you later with an update (or maybe tomorrow since I am working on some new releases.) What are you doing for a living, Jeanne? Shop lifting lol??? just a joke
oh, before I forget it, here is one of the original email headers (as always you can receive the material if you mail to firstname.lastname@example.org )
X-Received: (qmail 22056 invoked from network); 30 Jan 2010 19:27:49 -0000
X-Received: from unknown (220.127.116.11)
by m1.grp.sp2.yahoo.com with QMQP; 30 Jan 2010 19:27:49 -0000
X-Received: from unknown (HELO web84003.mail.mud.yahoo.com) (18.104.22.168)
by mta3.grp.sp2.yahoo.com with SMTP; 30 Jan 2010 19:27:48 -0000
X-Received: (qmail 59450 invoked by uid 60001); 30 Jan 2010 19:27:32 -0000
X-Received: from [22.214.171.124] by web84003.mail.mud.yahoo.com via HTTP; Sat, 30 Jan 2010 11:27:32 PST
X-Mailer: YahooMailClassic/9.1.10 YahooMailWebService/0.8.100.260964
To: undisclosed recipients: ;
btw. the little blue arrows mark the mails I reported to the copyright owner, the others will have that arrow, too, as soon as the infringed parties contact NKDigitalArt.
Remember, nothing is accomplished with taking links down, provider complaints, yahoo complaints, gmail complaints and such are what really will make the right impression, the more often you file such complaints the more likely those offenders will be taken off the net. file one a day to the provider, another one next day, another one the 3rd day, this way the infringing party is considered as repeatedly offending and will get black listed sooner or later.
what is a Cease and desist notification (CDN) and who sends/receives those?
the copyright owner of a product has the option, to send a notification to the infringer. This note is meant as a warning, it tells the infringing party to stop sharing and desist any infringing material uploaded by them immediately. It is a kind of 'last warning' before filing provider complaints, the last 'chance' to straighten up.
As I noticed increased illegal sharing of my products, I started sending such notifications to the culprits, having still the hope it will warn them and they will take it for serious.
well, in the most cases I was wrong. While some 'first time sharers' complied and wrote back to me with their agreement, the majority of pirates didn't reply and if they did - it was in an insulting and threatening way, not being grateful I just warned them instead of filing complaints directly, but hateful, obscene and with a language which I only heard before from fish grocers in the haven of Hamburg lol. See some of the examples in an earlier posting. This is how low they go - first they steal, illegally distribute my work on on top of that harassing and threatening me with their responses. I will not give those criminals the benefits of a doubt any longer, neither will I warn them with polite emails, blame it on yourself - you get caught sharing - you will get reported.
These warning also are a risk for the copyright owner, it 'warns' the hard core pirates and all they do is to run and hide, means - founding new groups (the 'secret' ones) and targeting the copyright owner with massive shares. (I had to take over 300 illegal links down after those letters have been sent, from all kind of file sharing providers who are supporting and nurturing with their policies art theft and piracy of criminal wannabe mafia organizations.)
Ever since NKDigitalArt decided, not to warn anybody any more. We see a product shared - NKDigitalArt is filing complaints, all throughout the US but also in overseas (remember the Millenium Copyright Act is an international agreement, piracy and art theft are forbidden in the most civilized countries and punishable by law, especially in European countries the law is a lot stricter than here in the U.S. when it comes to illegal file sharing.)
Such complaints are transmitted by fax (some overseas provider prefer to have 'something written' before they act - but they WILL take action if a case is made known to them, especially if someone repeatently violates the copyright law. They do even more - for example in Germany such cases will be submitted directly from the provider to the authorities for further investigation, since copyright infringement is a federal crime)
So dear pirates - cease and desist letters are not a threat but a CHANCE for you, if you ever receive one. Take it as a 'treat' , the copyright owner could also file complaints right away, it is up to the owner of the rights to decide if they give you a last chance to straighten up or not. You answer in a rude manner and non compliant - go ahead and suffer the consequences.
I stated the policies of NKDA earlier - this is how it will be - you share - we try all to get your internet connection (as a first step, we got to start somewhere, every further step will be a lot more unpleasant) - on top of that you will have your '5 minutes of fame' on this blog, since we publish such cases in all details from now on.
have a great weekend
Thursday, January 28, 2010
Lori Rhae - or - an employee of the Bank Of America involved in art theft, copyright infringement and piracy
This is a very special case, not the common pirate, who 'only' shares a link, no - this lady put some work in her criminal activities by first cutting out other peoples images and then claiming it hers by adding a fat watermark 'tubed by Lori Rhae' on my images. or didn't she put so much work in it after all......
and here are the images in question
this flower has been 'tubed' by her (after I had a graphic up at renderosity and also a kit available which contains exactly this flower) and no, Lori, just twisting the leaves around a little bit still doesn't make it yours. Who says so? THE LAW DOES.
now let's take a closer look to who Lori Rhae is, knowing quite a lot about her I want to share with you.
Lori Rhae (Rhae is her middle name)
Tennessee USA 37681
(street and full address will not be published, it can be obtained by filing at your local courthouse for a subpoena, send this paper to the provider of the infringing party and they will comply to give you the full information about the person)
she's employed by Bank Of America in their reverse mortgage department which formerly was Countrywide Bank
her isp is Comcast
Received: from your-96fc0aa548 (c-69-254-99-242.hsd1.tn.comcast.net
two of the groups she uses as platform for art theft and copyright infringement are
and many many more
here an excerpt of a mail I received from a very trustworthy source
'Saddens me the way she's taken artist work and altered it too'
what is an insult in itself since beside doing some clean cuts (what every 5 year old can accomplish after some practice) her creative abilities are very limited not to say non existent, Ihave never seen a render of her DONE by her with her own imagination and abilities. This kind of alteration is called 'plagiatism' and it is also forbidden by law to protect the intellectual property of a person. (note: every piece of my work has its copyright officially registered, which is very helpful in case of a lawsuit)
, such as in this case what appears to be flowers from your kit taken apart and flipped one around and then put back together as if was her own work even renaming the file to a name of her choice.
she sure has to rename the file, otherwise a lot of people would get on her a@@ right away lol, she has more real art lovers in her group than she might think, and thankfully those make us aware of her doings. my thanks goes to all of them, god bless you, you are a great help.
She was offered a tubing job with UYA last year and turned it down because tubing for that small pay wasn't worth her time.'
oooh, small pay isn't worth her time, but art theft is? I wonder how her employer reacts to this and if the Bank Of America pays people for stealing other peoples hard work to spread it around for free and taking away from a hard working woman's income. BTW I am a customer of this particular bank and will have a word with them.
Any consolation Lori Rhae also released another new tube today...a Cris deLara tube, . She scatters the theft around I guess.
no consolation at all, no guessing necessary, all license companies and artists know she does!
I find my greatest comfort in successfully filed provider complaints, which take the person in question off the internet for a while and get them black listed. What is so nice about this, the more often a person is black listed, the less they will be able to contract with a new provider.
just wondering what a provider complaint against Lori Rhae might cause since she is working online - or - if she even uses a connection provided by the Bank Of America for her criminal activities? lol now that would be a thing - a provider complaint about her reaches her employer, who doesn't even know what a tube is. I will have no problems to explain it to them, that is, my attorney will, he knows how to explain things a lot better than I do lol.
You have a good night and I'll be happy to pass on anything else I see from Lori Rhae of yours. If you had anything else at Renderosity site she probably grabbed it too. Which means it will probably turn up before long.
oh let her bring it on, I love to file complaints, if need be 10-15 in a row and I will not stop until she stops.
She works from home via computer and phone so tends to tube while on phone with customers.
now isn't she a gem for every employer and we all wonder why the economy is down. Obviously the poor customers who call for help don't know that while she is chatting with them, her fingers are busy tubing stolen artwork to ruin small businesses and to bring hard working people down.
read more about the case soon
I have to go back to work, since I need to make a living from what I paint
see you soon for updates
Wednesday, January 27, 2010
another major case of illegal filesharing, piracy and art theft occurs and I think, the designer community should know about it, since this time it is not the common snagandsharer, but a lady, who calls herself a designer, this is her blog
this lady is nothing but a pirate, she shares kits in various social net works and should be ashamed of it. Not only mine but also many well known designer like shabby pickles, sweet shoppe, gorjuss, IAL, french frog and so on, also tubes from CILM, MPT, gorjuss, artwork by Dana Sitarzewski (jaguarwoman), me and others
in my opinion she is nothing but a DISGRACE for the designer and art community
I uploaded a screen shot of the recent shares, if you recognize your product, please contact email@example.com and you will receive the original email, so you can take care of links and complaints, I contacted Dana and Suzanne already.
you find the screenshot of the illegal shares sent by this person here
her ip is(91-64-65-223-dynip.superkabel.de [126.96.36.199])
her email firstname.lastname@example.org
her yahoo profile beauty_stormy
it is pitiful, that working class designer and artists have to go through this kind of trouble to stop pirates like her, who calls herself a designer. DISGUSTING!!!!!
Stormy, if you don't understand what this is about, i am more than willing to translate it into German for you
here is the original mail header for those, who still cannot believe Stormy really has done this, oh yes, believe it or not, you can tell your fellow designers the truth and they don't want to believe neither hear it, oh luvydovy scrappy world - WAKE UP!!! this is a war and you will miss it lol, even worse - you also will be a victim of this person since she shares not only one kit but oodles of them. Go join those groups and see for yourself, maybe you will get the idea of what is going on in the scene by SEEING with you own eyes what you don't want to believe.
of course, if you consider piracy and illegal shares as a kind of advertisement for your stuff, then let her and others go on with it, I can care less and know how to take care of myself (but don't say you haven't been warned)
Received: from [188.8.131.52] by n44.bullet.mail.sp1.yahoo.com with NNFMP; 25 Jan 2010 21:58:58 -0000
Received: from [184.108.40.206] by t5.bullet.mail.sp1.yahoo.com with NNFMP; 25 Jan 2010 21:58:58 -0000
X-Received: (qmail 65318 invoked from network); 25 Jan 2010 21:58:55 -0000
X-Received: from unknown (220.127.116.11)
By m3.grp.sp2.yahoo.com with QMQP; 25 Jan 2010 21:58:55 -0000
X-Received: from unknown (HELO dd16122.kasserver.com) (18.104.22.168)
By mta3.grp.re1.yahoo.com with SMTP; 25 Jan 2010 21:58:53 -0000
X-Received: from stormys (91-64-65-223-dynip.superkabel.de [22.214.171.124])
By dd16122.kasserver.com (Postfix) with ESMTP id E3B5B181FCDDF
X-Mailer: IncrediMail (5864332)
To: "Pando Stars"
Mailing-List: list pando-Stars@yahoogroups.com; contact pando-Starsemail@example.com
Delivered-To: mailing list pando-Stars@yahoogroups.com
Date: Mon, 25 Jan 2010 22:58:43 +0100 (Westeuropäische Normalzeit)
Subject: [pando-Stars] KAT Template
Angelica Sellers aka KatNKDA
Posted by Kat at 3:15 PM