Copyright Defense League - Inside Strategies Revealed!

[Matthew Chan]

ELI has attained information on how CDL (Copyright Defense League) operates.

When faced with an alleged copyright infringement issue, it appears the GoDaddy privacy service means very little.  Look at the email that was sent to DomainsByProxy gain access to the true registrar and administrative contact of a domain owner.

Subject: DBP Legal Dispute
From: <[email protected]>
Date: 7/7/2012 7:11 PM
To: <[email protected]>

DBP Legal Dispute
Claim ID: 614728

Requestor First Name: Randy
Requestor Last Name: Taylor
Requestor Firm:
Requestor Company: NPG

Alleged URL:

Requestor Email: [email protected]
Requestor Phone: 718 389-0825
Requestor Fax:

Complaint Nature: Copyright
Federal trademark registration number:
Additional Information: XX/XX/2012

Domains By Proxy, LLC
[email protected]
Domains by Proxy, Inc.
15111 N. Hayden Rd., Ste 160, PMB 353
Scottsdale, Arizona 85260

Reference Case ID: XXXXXXXXX

To whom it may concern,

This communication serves as notice of our copyright infringement claim against a customer who uses your private domain service. This notice refers to one or more copyrighted images described herein that are owned by National Photo Group, LLC and that have been published at XXXXXX.com (hereinafter referred to as the 'Images').

Copyright Defense League, LLC ('CDL') is contractually authorized and obligated to legally enforce the copyright of National Photo Group, LLC in regards to these Images.

As part of the notification and legal process, we request that you deliver to [email protected] the complete contact information of the owner of the web site at XXXXXX.com , including the full name, mailing address, phone number and email of this owner.

A description of the copyrighted work is as follows: XXXXXX -  - 11 images.  This Image or Images have been published at domain: xxxxx.com. Specifically, Image(s) appear on web page: http://xxxx.com/

I state, in good faith, to the best of my knowledge, and under penalty of perjury that:

     CDL is the authorized representative of the Images described herein and is authorized to enforce copyright on behalf of Randy.
     The Images as used by XXXXX.com infringe the copyright of National Photo Group, LLC.
     The Images will be visually identified upon request to [email protected].
     The use of these Images by XXXXXX.com is a copyright infringement that does not qualify for any exception to copyright law, including fair use and DMCA safe harbor protection.

CDL seeks your cooperation with this legal request to identify the owner of the web site that has used these Images.

Thank you,

Randy Taylor

Domains: XXXXX.com

[Matthew Chan]

DomainsbyProxy.com so nicely "outs" the domain owner with this notification email.

From: "[email protected]" <[email protected]>
To: XXXXXXX
Sent: Tuesday,
Subject: Possible Legal Issue Regarding XXXXXX.COM::

Dear Customer,
 
Since we have received notice that there is a possible legal issue regarding the domain name XXXXXX.COM, you will need to contact the complainant no later than close of business on July 13, 2012, and provide enough information to remove Domains By Proxy from this issue.
 
In order to prove you have attempted contact, we require that you or your representative copy or blind copy [email protected] in your initial correspondence with the complainant.  Failure to comply can result in the disclosure of your contact information to the complainant.
 
Complainant information:
Randy Taylor
NPG
[email protected]
 
Very truly yours,
 
C Turner
Office of the General Manager
Domains By Proxy, LLC

Attached with contents of prior post.

[Matthew Chan]

This is the method of payment Copyright Defense League LLC prefers their victims pay to.

Bank:  TD Bank
ABA # (routing #): 026 013 673
Account Name: Copyright Defense League, LLC.
Account #: 425 207 5225

Address of Bank: 225 North Broadway
                          Hicksville, NY 11545
                          USA

[Matthew Chan]

I found some interesting information on Copyright Defense League LLC in the New York Corporations database.

http://appext9.dos.ny.gov/corp_public/CORPSEARCH.ENTITY_INFORMATION?p_nameid=4034977&p_corpid=4032418&p_entity_name=copyright%20defense&p_name_type=A&p_search_type=BEGINS&p_srch_results_page=0

Current Entity Name:    COPYRIGHT DEFENSE LEAGUE, LLC
DOS ID #:    4032418
Initial DOS Filing Date:    DECEMBER 17, 2010
County:    NASSAU
Jurisdiction:    DELAWARE
Entity Type:    FOREIGN LIMITED LIABILITY COMPANY
Current Entity Status:    ACTIVE

Selected Entity Address Information DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

LESLIE J. LEVINE, ESQ - ACKERMAN LEVINE CULLEN BRICKMAN & LIMMER LLP
1010 GREAT NECK ROAD STE 400
GREAT NECK, NEW YORK, 11021

CDL is actually a Delaware corporation operating as a foreign corporation in New York.  It was registered December 2010.  Thus, it is a very "young" business venture.

There is a good chance that Attorney Leslie J. Levine is related to Dan B. Levine.  Leslie J. Levine works at the firm of: ACKERMAN LEVINE CULLEN BRICKMAN & LIMMER LLP in Great Neck, NY.

Lots of interesting nuggets here.

[Robert Krausankas (BuddhaPi)]

Great find Matthew!! It might behoove us to also look into Randy Taylors businesses as well.

I'm not sure about the Leslie Levine relationship, my first thought was "wife" but it turns out that Leslie is a male

"Leslie J. Levine, head of the firm's corporate practice, was graduated from Brandeis University and joined the firm after receiving his law degree in 1968 from New York University School of Law.  His practice consists principally of counseling corporate clients on planning and implementing business strategies and problem solving, focusing on financing, acquisitions, resolution of business problems, securities law, and other matters involving the day-to-day relationship between business and legal issues.  During more than thirty years of corporate practice, he has represented many businesses, from large public corporations to individual proprietorships, in the corporate, commercial, securities, and franchising areas.  His clients include businesses and entrepreneurs active in, among others, the pharmaceutical, automotive, software, publishing, entertainment, financing, and personnel industries."

http://www.ackermanlevine.com/Bio/LeslieLevine.asp

I found some interesting information on Copyright Defense League LLC in the New York Corporations database.

http://appext9.dos.ny.gov/corp_public/CORPSEARCH.ENTITY_INFORMATION?p_nameid=4034977&p_corpid=4032418&p_entity_name=copyright%20defense&p_name_type=A&p_search_type=BEGINS&p_srch_results_page=0

Current Entity Name:    COPYRIGHT DEFENSE LEAGUE, LLC
DOS ID #:    4032418
Initial DOS Filing Date:    DECEMBER 17, 2010
County:    NASSAU
Jurisdiction:    DELAWARE
Entity Type:    FOREIGN LIMITED LIABILITY COMPANY
Current Entity Status:    ACTIVE

Selected Entity Address Information DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

LESLIE J. LEVINE, ESQ - ACKERMAN LEVINE CULLEN BRICKMAN & LIMMER LLP
1010 GREAT NECK ROAD STE 400
GREAT NECK, NEW YORK, 11021

CDL is actually a Delaware corporation operating as a foreign corporation in New York.  It was registered December 2010.  Thus, it is a very "young" business venture.

There is a good chance that Attorney Leslie J. Levine is related to Dan B. Levine.  Leslie J. Levine works at the firm of: ACKERMAN LEVINE CULLEN BRICKMAN & LIMMER LLP in Great Neck, NY.

Lots of interesting nuggets here.

[Greg Troy (KeepFighting)]

Good work Matthew and Robert! This is indeed a very interesting find in I do not believe I ever remember reading of a company using this technique before.

[SoylentGreen]

Wow.  Great sleuthing, guys!!

It's baffling to me why anyone would pay Godaddy extra for its "DomainsByProxy" feature.  Yes, it costs extra.
Although Godaddy has a disclaimer with its service, it's clear that anyone can simply request the "private" information and get it anyway.

Here's some interesting info about "DomainsByProxy":
http://en.wikipedia.org/wiki/Domains_by_Proxy

Again, very impressive research indeed!!

S.G.

[Lettered]

From SG's link:

Reveal Your name and personal information that You provided to DBP when:
A. Required by law, in the good faith belief that such action is necessary in order to conform to the edicts of the law;
B. To comply with a legal process served upon DBP; or
C. In order to comply with ICANN rules, policies or procedures

Not sure if I am interpreting all of this correctly, but I don't see how A, B, or C was satisfied.  I think I would be looking into some sort of action against DBP if this ended up costing me money.

[Oscar Michelen]

Its very likely that that the "Levine" is just a coincidence but you never know. Though if I had a dollar for every lawyer named Levine in Nassau County alone, I could own two homes in Old Brookville.   Ackerman Levine is a very well known, respected Long Island law firm. I have litigated against them and on the same side as them a few times. Not that involved in IP work, mostly commercial litigation but very good lawyers all around. I don't think there would be any liability by DMP as they were acting in  good faith based upon a complaint, they are not judge and jury and you likely agreed when you signed up for the service that they could this.  Nice work fellas.     

[SoylentGreen]

I think that the third point of Domainsbyproxy's terms gives them the right to basically do whatever they please:

"iii. Resolve any and all third party claims, whether threatened or made, arising out of Your use of a domain name registered by DBP on Your behalf; [...]"

It's just too bad that they give people some strange false sense of security.

S.G.

[Lettered]

I still see it differently.  They can resolve it any way they like, as long as they maintain their responsibilities outlined in (ii) .  Otherwise the contract seems like nonsense to me, effectively saying "We promise to only give up your info in specific circumstances, but we will do anything we want". 

I would argue that the contract is very clear in outlining the circumstances in which the info could be released, and no exceptions could reasonably be read into the contract.

Suffice it to say, if there were 12 of me on a jury, DBP would be in hot water . . .

[SoylentGreen]

Good points, Lettered, I agree with you.
Doing business on the Web these days can be infuriating.

---

I came across a blog posting about the "Copyright Defense League".
http://www.bitemybooks.com/2012/07/submitted-for-approval-of-midnight.html

I like this quote (I wish that I had wrote it):

"As a lawyer you should be well aware that a link to my website does not constitute proof that an image is copyrighted nor does it confirm infringement of said image.
A link to my own website is not the information I required from you.
Address my requirements below or we have nothing further to discuss.
 
Additionally, forward your bar registration number and year admitted so I can perform a more detailed search on the NYSBA website.
A cursory search using your name and location issued no results and your website is lacking such information."

The conversation degrades from there:

"Ms. [redacted]:
 
I have to say that the bullying and demanding tone of your past two emails does not appeal to me (to say the least).
We have all the proof we need (including metadata) and will not cave in to strongarm tactics.
Litigation has not been commenced and thus you have no right to demand anything from us.
You asked me for information, and I provided it as a good faith gesture to facilitate settlement.
 
If you want to set up a time to negotiate in good faith, and in a tone that is respectful and professional, I would be happy to speak with you and try my best to alleviate your concerns.
If not, I will pass the file on to our litigation department and you can contend with them.
 
[redacted]"

Somebody whom "allegedly works there" even posted. lol

Trust me, this is recommended reading.

S.G.

[Robert Krausankas (BuddhaPi)]

Good points, Lettered, I agree with you.
Doing business on the Web these days can be infuriating.

---

I came across a blog posting about the "Copyright Defense League".
http://www.bitemybooks.com/2012/07/submitted-for-approval-of-midnight.html


Trust me, this is recommended reading.

S.G.

And don't forget this comment:

"Donna,
I work with Copyright Defense League. You have reached the wrong conclusions from your experience. CDL's process found your web site because it appears you are making money from advertising while not paying the artists or photographers whose work you seem to be profiting from. A lawyer contacted you to determine if you had legitimately licensed the image or not. After reviewing the case, it was tentatively decided not to file a complaint against you in Federal Court, not because of any lack of legal merit, nor because of your aggressive and incorrect statements, but because it is CDL's policy to not go after the proverbial "14-year old blogger" who doesn't understand the wrong they are doing. It would be a disservice to your 170,000 readers to let them think that anything you've said in your post is a valid defense for copyright infringement. At the bottom of this very page, it says "© DONNA AT BITES - 2009-2012". Just as you would not want others to make money from your copyrighted works without asking, it's important that publishers pay the artists and photographers who create the visuals they are using at their commercial web sites.
Yours truly,
John"

I am considering reaching out to this blogger to get more info, as the letter she received was supposedly from an attorney, I wonder what his name is??

[Mulligan]

That blog post was good reading, especially because I learned a wonderful new descriptive phrase for the copyright trolls: douchenozzle!

I also couldn't help but think of copyright troll and collection agent Ashanti A. Taylor of the Timothy B. McCormack Intellectual Property law firm when I read this:

"I will pass the file on to our litigation department and you can contend with them."

I kid you not... the above line brought back fond memories of the day Ms. Taylor sent me my "last chance" and "final warning" letter where she informed me that if I didn't cough up big bucks the McCormack Law Firm would recommend litigation to Getty Images. This after Getty Images told me they would "escalate" to outside counsel if I didn't pay the original amount.

In other words, a looping case of escalators escalating escalations to a point that would dry up a douchenozzle!

As usual, the bottom line... no proof, no pay.

The rest is just gamesmanship and bullshit.

[Lettered]

apparently http://senddmca.com/ is owned and operated by CDL .  They offer a service to send DMCA takedown notices on behalf of copyright holders for a fee.  Kind of makes me wonder if senddmca is upselling CDL settlement recovery services?