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Kendell Kelly, Esq
Kendell Kelly, Esq, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 587
Experience:  Lawyer practicing in all areas of intellectual property, including patents, trademarks, copyrights, trade secrets and new media.
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I received 13 notices of copyright infringement today from

This answer was rated:

I received 13 notices of copyright infringement today from Copyright Enforcement Group (CEG) with each one saying more or less the same thing except for 13 different files.

Dear Charter Internet Customer:

Charter Communications ("Charter") has been notified by a copyright owner, or its authorized agent, that your Internet account may have been involved in the exchange of unauthorized copies of copyrighted material (e.g., music, movies, or software). We are attaching a copy of the Digital Millennium Copyright Act (DMCA) notice that Charter received from the copyright holder which includes the specific allegation.

Under the DMCA, copyright owners have the right to notify Charter’s registered agent if they believe that a Charter customer has infringed on their work(s). When Charter receives a complaint notice from a copyright owner, Charter will notify the identified customer of the alleged infringement by providing them a copy of the submitted DMCA notice. As required by law, Charter may determine that the customer is a repeat copyright infringer and reserves the right to suspend or terminate the accounts of repeat copyright infringers.

Please be aware that Charter is not responsible for the content of the attached DMCA notice. Charter is not affiliated with the copyright holder or its agent and Charter is only forwarding the same notice we received. Any settlement or other offers contained in the attached notice come directly from the copyright holder or its agent, not from Charter. Charter does not recommend and cannot advise you on whether to accept any offers contained in the notice; you should consult with your own legal advisors before acting. Please note that if you contact the sender directly, they will have your contact information and may contact you directly with requests, offers or demands. Charter has not disclosed your name or contact information to the copyright owner or its agent as a result of this notice.

It is possible that this activity has occurred without your permission or knowledge by an unauthorized user, a minor who may not fully understand the copyright laws, or even as a result of a computer virus. However, as the named subscriber on the account, you may be held responsible for any misuse of your account. Please be aware that using Charter’s service to engage in any form of copyright infringement is expressly prohibited by Charter's Acceptable Use Policy and that repeat copyright infringement, or violations of any other Charter policy, may result in the suspension or termination of your service. You may view Charter's rules and policies, including Charter’s Acceptable Use Policy, at http://www.charter.com/aup .

We ask that you take immediate action to stop the exchange of any infringing material. For additional information regarding copyright infringement and for a list of frequently asked questions, please visit http://www.charter.com/dmca .

...

If you have questions about this notice, you may contact us at 1-XXX-XXX-XXXX. Representatives will be available to take your call Monday through Friday 8am - 8pm, Saturday and Sunday 8am - 5pm (CST).


Sincerely,

Charter Communications Security Resolution Team
http://www.charter.com/security


--- The following material was provided to us as evidence ---



-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

***NOTE TO CHARTER COMMUNICATIONS: PLEASE FORWARD THIS ENTIRE NOTICE TO ACCOUNT HOLDER OF IP ADDRESS 66.190.88.222 at 2014-02-15 03:58:38 North American Eastern Time***
February 15, 2014
Re: Notice of Unauthorized Use of Copyrights Owned by Manwin Content RK Limited DBA Reality Kings Case #: P57966468

...

Evidence:
Work Title: Bangin Body - Jada Stevens (MonsterCurves 2010-11-27)
Copyright Owner: Manwin Content RK Limited DBA Reality Kings
Unauthorized File Name: [MonsterCurves] Jada Stevens - Bangin Body.mp4
Unauthorized Hash: a4ccdf8c1f0c048f0d44884f60df369e31ae42ee
Unauthorized File Size: XXXXXXXXX bytes
Unauthorized Protocol: BitTorrent
Timestamp: 2014-02-15 03:58:38 North American Eastern Time
Unauthorized IP Address: xx.xxx.xx.xxx
Unauthorized Port: 19787

The following files were included in the unauthorized copying and/or distribution:
File 1: [MonsterCurves] Jada Stevens - Bangin Body.mp4

...

Settlement Information:
Direct Settlement Link: https://www.copyrightsettlements.com/?u=P57966468&p=p6255
Settlement Website: https://www.copyrightsettlements.com/
Case #: P57966468
Password: p6255

If you fail to respond or settle within the prescribed time period, the above matter may be referred to attorneys representing the Work's owner for legal action.

To settle all 13, they want $3250. I can't afford to pay that and I don't think I could afford a lawyer either, please advise what is the best course of action.

Kendell Kelly, Esq :

Hello, my name is Kendell! Happy to help! Please remember that this is a tool for information only, we cannot give you legal advice and thus cannot tell you what to do or not (since that is prohibited).This should not be considered a attorney-client relationship. Also, please reserve your feedback until we have fully answered your question -- I will stick with you until we do.

Kendell Kelly, Esq :

Sorry to hear that you are going through this...not the best way to start a morning. Have you contacted CEG or clicked any of the email links?

Kendell Kelly, Esq :

It appears you are offline, I will be on for a few hours, feel free to respond when you return to chat. It is most effective to answer when you can ask follow-up questions as we progress in real time.

Customer:

Good Morning Kelly,

Customer:

I clicked on the settlement link

Customer:

and I saw that they want $250.00 per each instance (13), which is how the number is $3250.00 for a total settlement

Customer:

I was reading this thread earlier - http://www.justanswer.com/intellectual-property-law/5d285-received-notice-copyright-infringement-today-appears.html

Customer:

Would that be a good way to go about dealing, writing a letter and trying to negotiate?

Kendell Kelly, Esq :

Good morning!

Kendell Kelly, Esq :

Give me one sec to look at the answer,

Customer:

Not a problem

Kendell Kelly, Esq :

Pretty accurate for a course of action after the link has been clicked. The letters have very rarely gone on to an actual lawsuit -- none that I have seen here thus farm though this question is pretty common. The major issue that causes this is exactly what the other attorney alluded to -- It is very hard if not impossible to determine who has used a connection.

Kendell Kelly, Esq :

If there were indeed actual proof, the word may would not have been used.

Customer:

Good to hear that is a path forward.

Ah I didn't pick up on that distinction regarding the word, "may"

How would I go about writing a letter, and would I need to e-mail it to CEG?

Kendell Kelly, Esq :

Tricky lawyer ways :-) Let me see if I can find a good example posted online, but if not we can absolutely go thru the high points!

Customer:

Haha sounds good

Customer:

I haven't gone through anything like this before, so I want to make sure I am solid before the next step

Kendell Kelly, Esq :

Haven't found yet, but this article (http://houstonlawyer.wordpress.com/2012/11/02/the-trouble-with-copyright-enforcement-group-ceg-teks-dmca-scare-letters/) has some great points towards the end that say we should find a mailing address, so may take me an extra sec.

Kendell Kelly, Esq :

I totally understand... it is too close to the weekend in my personal opinion for things like this, so we will get you knowledgeable and on the way :-)

Kendell Kelly, Esq :

Not sure if this will make it thru the filter, but if it doesn't I will send you a link: CEG TEK International
8484 Wilshire Boulevard, Suite 515
Beverly Hills, California 90211
United States of America

Customer:

I would need to mail a letter to their physical address?

Kendell Kelly, Esq :

Or, you should set up a psuedo email account (gmail, hotmail, etc) -- Ideally, you do both and make sure you have a signature for the snailmail

Customer:

I see. I can create a pseudo gmail just for this

Customer:

by using a pseudo gmail, would I need to include one of the e-mails I received as part of the e-mail I send them?

Kendell Kelly, Esq :

Eaxctly! Nope, they have a file number

Customer:

okay. any luck finding a response letter to use as a go by?

Kendell Kelly, Esq :

Nope! Which actually surprises me. But, I found a blog on the considerations (http://torrentlawyer.wordpress.com/2013/02/22/six-strikes-system-effects-on-ceg-tek-dmca-copyright-letters/). The letter should be short and simple -- You are unaware or any illegal activity. You have not downloaded the referenced material and cannot locate such on your computer.

Kendell Kelly, Esq :

Further, recently you have taken steps to secure your internet connection to the best of your ability, but this was not previously done.

Customer:

Okay I can write up a letter with that verbiage

Customer:

I just write up that kind of language, and wait to hear back and see what they say? Also, I need to include the case number XXXXX received in the e-mail>

Kendell Kelly, Esq :

Yep! After sending, the prayer is to never hear from them again.

Kendell Kelly, Esq :

Yes. Make sure to reference the identification number and if more than one for the 13, reference them all.

Kendell Kelly, Esq :

My puppy is pressing me to be let out. Will be right back!

Customer:

So if I do all this, and I don't hear back, then nothing can happen if I don't pay like their e-mail says since they didn't respond?

Kendell Kelly, Esq :

I'm back!

Kendell Kelly, Esq :

It is a bit more complex than that, but basically yes -- they will forfeit some of their rights with a lack of response

Kendell Kelly, Esq :

All I got was xxxxx for the contact information.

Customer:

email - support @ cegtek.com

Customer:

toll free: 877 - 526 - 7974

Customer:

Okay, I will go that route and pray that nothing happens

Customer:

I will go that route and pray that I hear nothing back

Kendell Kelly, Esq :

I will be praying as well! No news is good news.

Kendell Kelly, Esq :

Does that answer your questions?

Customer:

So just to make sure I am clear, I write a letter, send it off. And if I hear nothing, then I shouldn't pay, and you believe this will blow over?

Kendell Kelly, Esq :

That is what I have seen here and from the research I've done for folks.

Customer:

Sounds good, I pray that still holds

Customer:

My question is answered then. I will draft an e-mail in the next day or two, as well as write and mail a letter, and further secure my internet connection

Customer:

If I need to talk to you about this again, will I be able to contact you again?

Kendell Kelly, Esq :

Absolutely! I'm here -- Please let me know if you have additional questions (now or later). If not, make sure to leave feedback or I will not get credit for my time (even after you do, you can still come back).


______________________


Use of this service does not create an attorney-client relationship. Inasmuch, our conversation is merely informational and should be used to find an attorney licensed in your local area that can further assist you.


 


Please Click Great or better to rate service.

Customer:

Thank you Kendell

Kendell Kelly, Esq and other Intellectual Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Hey Kendell,


 


I took your advice, and I sent an e-mail and letter yesterday to CEG. I got this e-mail response back yesterday:


 


"If you are unfamiliar with the copyright protected work, we normally find that the unauthorized use (e.g., copying, distributing, displaying) of a copyrighted work was the result of a spouse, child, roommate, employee, or business associate uploading, downloading or otherwise sharing or displaying the copyright protected work or portions of it over your Internet connection. Infringements can also result from an unsecured wireless network. In any of these scenarios the Internet account holder is/or may be legally responsible for infringement(s) and settlement(s). To better protect yourself in the future we suggest visiting our Education & Resources page, and you should consult with your own attorney.

SUPPORT TEAM
CEG TEK INTERNATIONAL

[email protected]
W WWW.COPYRIGHTSETTLEMENTS.COM
W WWW.COPYRIGHTCOURTESY.COM
W WWW.CEGTEK.COM"


 


I am unsure what to do now...

Hi!!

Do they request any further action from you?
Customer: replied 3 years ago.

Good Evening Kendell,


 


That is all they responded with...It is very vague. I am unsure if I need to respond back or what to do next.


 


Below is the response I e-mailed and mailed them:


 


"Copyright Enforcement Group, LLC



On 2/20/14, I received e-mails from Ira M. Siegel in regards to Case #’s: P57916546, P57916544, P57916547, P57916539, P57916548, P57916542, P57916540, P57916541, P57916545, PP57966466, P57916543, P57966467, P57966468, alleging my public IP address has been recorded taking part in copyright infringement activities on 2/15/14. In light of these allegations, please advise your client the following:

1. I did not download/share the copyright protected movies in question.

2. I do not know who may have downloaded/shared the copyright protected movies in question.

3. The copyright protected movies in question were not found on my computer.

4. My wireless network was previously unsecured, and I have now secured it to the best of my ability.

Please limit any relevant correspondence to US Post Office or e-mail ([email protected]).



Regards,"

If they haven't asked for anything, you don't need to respond. If there was a request, they can/should make it. Unfortunately, it is waiting time, but hopefully that is all you will ever see from them!
Customer: replied 3 years ago.

Good Evening Kendell,


 


Thank you for the information. From my reading of their response, I didn't catch them asking anything.


 


I will keep waiting. If I hear back, I will get back in touch with you.


 


Thank you for your help. I hope I don't hear anything further, and I hope this matter will close.

Perfect!! *fingers crossed*

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