MediaSentry scandal continues

Saturday, November 7, 2009 3:59 PST -08:00   News  


p2pnet news view Freedom | P2P:- Private ‘investigator’ MediaSentry, fired by the RIAA, has been disgraced in Canada, the US and Holland, that we know of.

Bought by SafeNet for cash and stock worth $20 million in 2005 and then sold to rival MediaDefender at a knock-down, flea-market price of $136,000 in cash and a promise of another $800,000, it reappeared in Canada and Australia.

“I wanted to give you a heads-up that MediaSentry (yes the very same discredited a**holes!) are still up to their old tricks here in Canada  — Ontario at least!” — said a p2pnet reader, who included a copy of a threatening email s/he’d received.

The email also doubled as a promotional item for Apple’s iTunes,which isn’t surprising given Apple’s penchant for using victims of the Vivendi Universal, EMI, Warner Music and Sony Music sue ‘em all campaign in  its advertising material.

“Rogers Cable (Rogers) has received a notice stating that activities associated with your IP address are infringing copyright in material(s) owned or exclusively licensed by others,” it said, quoting a MediaSentry document,  which went »»»

Dear Rogers High-Speed Internet:

On behalf of the rights holder for the content listed below, we are writing this letter to state that we have a good faith belief that the unauthorized sharing (distribution) and downloading of this content has occurred by an individual making use of the IP address below at the date and time referenced at the end of this notice.

The Tales of Beedle The Bard (Document)

We also state, under penalty of perjury, that the information in this notice is accurate and that we are authorized to act on behalf of the rights owner.  Since you own this IP address, we request that you inform the individual who engaged in this conduct of the following:

Unauthorized file sharing is illegal.  However, we truly appreciate your interest in The Tales of Beedle The Bard (Document).  We are making every attempt to provide this wonderful content to you in a host of legitimate ways, one of which is through the following website:

http://www.apple.com/itunes

If you believe you have received this notice in error, please contact us at CLCopyright@mediasentry.com, and kindly include this identification number xxxxxxxxx, also noted above, in the subject line.

Thank you for your cooperation in this matter.

Respectfully,

A Kempe
MediaSentry Operations

There’ve been other instances of the company’s presence in Canada, but we haven’t heard anything lately.

However, the same can’t be said of Australia, as p2pnet said yesterday in a post highlighting continuing threats, with ISP TPG Internet  as the chosen method of delivery.

And this is in spite of the fact it apparently has no authority to be operating there.

“ASIC (Australian Securities and Investments Commission) is apparently ignoring the fact a foreign corporation, MediaSentry, instructed via email an Australian educational institution to terminate an Australian contract between the user of a service and the service provider,” said Australian economist and p2pnet contributor Tom Koltai in May.

This refers to the fact an Australian student was kicked out of his dormitory after Sony used MediaSentry to complain of alleged copyright infringements.

“We get these bullshit MediaSentry spambot email across a wide variety of jurisdictions — targeted at our VPN customers,” said CultureGhost’s Fausty in a Reader’s Write yesterday, going on »»»

“Over the years, I’ve responded to hundreds of them on behalf of our company. Not once have we received so much as an automated spambot response, much less an actual human response… much less the threatened “legal action.”

However, assuming that MediaSentry is being paid to actually bring lawsuits — or do much of anything beyond churn out the spambot emails – actually misses the actual manner in which they achieve censorship. You see, 99% of ISPs are either too lazy or too badly educated to recognize that the spambot emails are toothless wonders. So, the ISPs themselves — in order to “protect themselves from liability” — demand that their customers “do something” to address the putative “abuse.” If you tell your ISP, or hosting company, that you will “do” nothing based on an illegal spam email they will likely disable your account, cancel your hosting service, or unplug your server.

So, MediaSentry does a great job of illegally conspiring to cause censorship via the lazy/dumb behavior of ISPs around the globe. By “sounding genuine,” these emails scare ISPs – they aren’t intended to actually scare end-users, nor to actually result in legal action.

We’ve documented this process in hundreds and hundreds of these spambot emails, spread over several dozen various ISPs and hosting companies across a broad swath of legal jurisdictions.

It’s worth nothing that, under the CAN-SPAM act in the USA, these kinds of automated, unsolicited emails are absolutely illegal. That’s “illegal” as in criminal – not the putative “illegal” that the media cartels always misrepresent non-commercial filesharing to be. The people who engage in these illegal unsolicited email programs are, by the letter of the law, supposed to be prosecuted by the federal criminal system and sent to federal prison if convicted. There are spammers sitting in federal prison in the USA, right now, who were prosecuted under CAN-SPAM; it’s not a newly-created law.

So, who is this A. Kempe who shows up in Canada and Australia, at the very least?

According to his Linkedin entry, he’s only been at it for eight months under the new regime. But he’s been around MediaSentry for far longer than that.

He’s the »»»

Manager, Technical Account Services at MediaDefender and lives in the “Dayton, Ohio Area”.

Current* Manager, Technical Account Services at Peer Media Technologies

Past

* Manager, Technical Account Services at SafeNet, Inc.
* Manager, Technical Account Services at MediaSentry
* Customer Service Manager at Allegro / Mail.com / EasyLink

Education * Cedarville University

Kempe’s summary of himself »»»

I am reliable, detail-oriented, and motivated, and have 9 years of experience in the IT field.

My experience ranges from customer support, to account management, to software QA, to managing employees.

I have been successful at all of the positions I’ve held in the past 9 years, and have been a valuable contributor to the organizations I’ve been a part of throughout my career.

Meanwhile, in May, “I can categorically state that Media Sentry are NOT authorised to operate within Australia nor to Intercept communications within Australia no matter what they state in the email,” said G.Thompson, a digital forensics consultant, programmer, lecturer, researcher in a Reader’s Write, continung:

” In fact stating they can and making published allegations against a specific user with identifiers attached so that the user is made known to other organisations ie: an Australian ISP, Educational Institution, and Rental Accommodation Manager(s) could result in action on defamatory grounds being taken against them if the publication of the information causes damage (which in this case seems likely that it has).

“And thinking they are immune since they are outside Australian jurisdiction would be a folly on their behalf and I kindly draw their attention to “Dow Jones and Company Inc v Gutnick [2002] HCA 56? (http://www.austlii.edu.au/au/cases/cth/HCA/2002/56.html).”

Stay tuned.

Jon Newton – p2pnet

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First they ignore you, then they laugh at you, then they fight you, then you win ~ Mahatma Gandhi

fired by the RIAA – MediaSentry and RIAA: government probe?, April 5, 2009
SafeNet
– Acquisition Expands SafeNet Digital Rights Management Business into Managed Services and Anti-Piracy for the Entertainment Industry,June 2, 2005
$20 million
– SafeNet to buy MediaSentry, June 2, 2009
same discredited a**holes! – MediaSentry phuks up in Canada, July 2, 2009
penchant for using victims
– Apple, Pepsi and the RIAA SuperBowl scandal, July 5, 2009
ignoring the fact
– MediaSentry in Australia: Part V, May 25, 2009
alleged copyright infringements – MediaSentry, Sony: nailed in Australia, May 4, 2009

November, 2009


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