Sorry for this post being a bit long.
On the subject of monitoring, what is the understanding of how it works? Golden Eye International Limited (GEIL), and Julian Becker as their spokesperson claim their evidence is infallible.
In that we can?t actually examine any independent analysis (i.e. someone who wasn?t paid) of the software, we can only go by claims alone.
The Claim:
GEILs theory is if a person is downloading a film on bittorrent, they are making that film available for others to download thus losing (Potentially) a sale for each downloader. So, if 101 people are downloading a GEIL Copyright film, that is 100 (Potential) lost sales (Excluding the uploader).
If 10 of those people are sent a Letter Of Claim (LoC), by GEILs logic 100 people represents 100 (Potential) lost sales, so that is 1,000 (Potential) lost sales! Hmmmm??
The Evidence:
We are told that the monitoring software is able to take a small download (A few KB) of the file off the ?Infringer?. There is no evidence that the ?Infringer? has uploaded to anyone else, only a theory. The only ?Evidence? is a few KB file, thus evidence of one download. The laughable part of that is it is the monitoring software, and it can?t even be regarded as a lost sale!
This is their "Evidence", not my thoughts or hearsay or conjecture.
The 11,000 IP addresses on the leaked spreashsheets had 25% unknowns return from the ISP Sky. How come? If an IP address was monitored, why is it that Sky could not match it to the subscriber? What is an acceptable level of errors? 10 out of 11,000? 100 out of 11,000? 1,000 out of 11,000? We are talking over 2,700 out of 11,000!
Faulty monitoring is what I say, this EVIDENCE proves it.
The Expert Witness:
I hope Hickster doesn?t mind me quoting a link from his blog:
http://acsbore.wordpress.com/2012/10/30 ... t-witness/
The ?Expert? witness in all this is Clement Charles Vogler. He WAS listed as a Sweet & Maxwell expert witness in 2010. He isn?t now, and he still has the 2010 check mark on his website here
http://www.adlitem.co.uk/.
From Hicksters blog, you will see references from a German case where Clem Vogler clearly states ?I?m not an expert in this field?. There is also so much wrong with that case that severely questions Clem as a viable witness, but I will let you read it and have your own view.
From the GEIL Court case:
http://www.bailii.org/cgi-bin/markup.cg ... 2/723.html
?Mr Vogler explains he did not have Xtrack installed on his computer, and did not concern himself with how it worked, but treated it as a ?black box?. He simply presented it with inputs, namely his test files, and examined the outputs to see if they corresponded to his inputs. He was satisfied that they did correspond.?
He didn?t install the software and truly examine it, and states he ?did not concern himself with how it worked?. He clearly is not a ?Forensic? expert, because that is not a ?Forensic? test.
Don?t forget, Clem Vogler was paid to do this. That makes him NOT independent, and the real evidence here is he is no ?Expert?.
The Reason:
What is the reason for GEIL doing this? Loss sales? Why?
Before the publicity of all this took off, Ben Dover did interviews where he says you can?t make money anymore.
This interview is dated 20th April 2011, which was after their first letter campaign:
http://www.cherwell.org/lifestyle/inter ... ben-dover-
?Under his directing name, Steve Perry, Hustler crowned Honey one of the top 50 most influential people in the adult entertainment industry in 1999, but Honey?s all too aware the industry has changed a great deal since then. ?The internet is the main poison that?s now rapidly killing off the industry. Back in 1986 you could sell a 3-hour VHS porn tape for about ?65.00, which would be about ?150.00 in today?s money. Now you can get anything you want at the click of a mouse. For free.?
?Right now the only real money to be made is in the so-called ?celebrity? sex tapes. Even if they?re not celebrities, just some girl who?s been ?on the telly?. It?s strange but you could make a great movie with the best looking porn stars in the world, and you?ll probably make a very small profit over several years,?
He says you can get what you want at the click of a mouse. He does not say that it is ?Pirates? or ?Downloaders? or ?Infringers?.
Now Julian Becker says it is people not buying their material and just downloading it. My theory, and we all love theories don?t we Mr Becker, is many people have bought their original videos and don?t want to buy compilations. They also don?t want to see an old man in action.
As for the other producers involved in the appeal, I?m sure they will bring you a hard luck story. I?m sure it is true to an extent, and I do genuinely believe that if an ?Infringer? has downloaded their material, then they should pay for it. But an acknowledgement has to be made that a consumer has a choice of either free material (As in it is not for sale) or pay for material (As in it is for sale).
I have not heard Julian Becker answer the questions regarding the ?Evidence? they are using. This forum was his platform to make contact with girls to make them porn stars (Which I believe makes him a pornographer), so why doesn?t he come on here and answer his critics?
As for me, why do I come on here and criticise them? My ISP is not O2, so I don?t have anything to worry about there. My LoC (Which I didn?t do and was innocent) was two years ago, and it is all over so I don?t have anything to worry about there.
I simply know that what GEIL are doing is flawed, illogical, fact-less, without proper evidence and just plain morally wrong.