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  1. BSDaemon is offline
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    Being Sublime Daily

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    Posted On:
    10/09/2009 5:46pm

    supporting member
     Style: BJJ/MT

    --
    Hell yeah! Hell no!
    the server is NOT offshore, its located in Illinois:
    $ whois 69.65.39.219

    OrgName: GigeNET
    OrgID: ECOMD
    Address: 545 E. Algonquin Rd
    Address: Suite D
    City: Arlington Heights
    StateProv: IL
    PostalCode: 60005
    Country: US

    ReferralServer: rwhois://rwhois.servernap.net:4321

    NetRange: 69.65.0.0 - 69.65.63.255
    CIDR: 69.65.0.0/18
    NetName: IPNAP
    NetHandle: NET-69-65-0-0-1
    Parent: NET-69-0-0-0-0
    NetType: Direct Allocation
    NameServer: NS1.SERVERNAP.COM
    NameServer: NS2.SERVERNAP.COM
    NameServer: NS3.IAD.SERVERNAP.COM
    Comment: www.gigenet.com
    RegDate: 2003-07-30
    Updated: 2006-01-23

    OrgTechHandle: IPADM152-ARIN
    OrgTechName: IP Administrator
    OrgTechPhone: +1-800-561-2656
    OrgTechEmail: ip-admin@coloquest.com
  2. BSDaemon is offline
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    Posted On:
    10/09/2009 8:23pm

    supporting member
     Style: BJJ/MT

    --
    Hell yeah! Hell no!

    207.210.125.34

    RippedMMA.com

    # whois 207.210.125.34
    Spoiler:

    OrgName: Global Net Access, LLC
    OrgID: GNAL-2
    Address: 1100 White St SW
    City: Atlanta
    StateProv: GA
    PostalCode: 30310
    Country: US

    ReferralServer: rwhois://rwhois.gnax.net:4321

    NetRange: 207.210.64.0 - 207.210.127.255
    CIDR: 207.210.64.0/18
    OriginAS: AS3595, AS16626
    NetName: GNAXNET
    NetHandle: NET-207-210-64-0-1
    Parent: NET-207-0-0-0-0
    NetType: Direct Allocation
    NameServer: DNS1.GNAX.NET
    NameServer: DNS2.GNAX.NET
    NameServer: NS1.GNAX.NET
    NameServer: NS2.GNAX.NET
    Comment: ADDRESSES WITHIN THIS BLOCK ARE NON-PORTABLE
    Comment: ********************************************
    Comment: Reassignment information for this block is
    Comment: available at rwhois.gnax.net port 4321
    Comment: ********************************************
    RegDate: 2005-04-12
    Updated: 2007-06-01

    RAbuseHandle: ABUSE745-ARIN
    RAbuseName: GNAX ABUSE
    RAbusePhone: +1-404-230-9150
    RAbuseEmail: abuse@gnax.net

    RNOCHandle: ENGIN7-ARIN
    RNOCName: GNAX ENGINEERING
    RNOCPhone: +1-404-230-9150
    RNOCEmail: engineering@gnax.net

    RTechHandle: ENGIN7-ARIN
    RTechName: GNAX ENGINEERING
    RTechPhone: +1-404-230-9150
    RTechEmail: engineering@gnax.net

    OrgAbuseHandle: ABUSE745-ARIN
    OrgAbuseName: GNAX ABUSE
    OrgAbusePhone: +1-404-230-9150
    OrgAbuseEmail: abuse@gnax.net

    OrgNOCHandle: ENGIN7-ARIN
    OrgNOCName: GNAX ENGINEERING
    OrgNOCPhone: +1-404-230-9150
    OrgNOCEmail: engineering@gnax.net

    OrgTechHandle: ENGIN7-ARIN
    OrgTechName: GNAX ENGINEERING
    OrgTechPhone: +1-404-230-9150
    OrgTechEmail: engineering@gnax.net

    # ARIN WHOIS database, last updated 2009-10-09 20:00


    bing ip:207.210.125.34

    Lots of legit sites, must be a shared server, some not so legit sounding:

    # whois leetcash.com
    Spoiler:


    Whois Server Version 2.0

    Domain names in the .com and .net domains can now be registered
    with many different competing registrars. Go to http://www.internic.net
    for detailed information.

    Domain Name: LEETCASH.COM
    Registrar: ENOM, INC.
    Whois Server: whois.enom.com
    Referral URL: http://www.enom.com
    Name Server: NS1.HOSTINGZOOM.COM
    Name Server: NS2.HOSTINGZOOM.COM
    Status: clientTransferProhibited
    Updated Date: 07-aug-2009
    Creation Date: 20-dec-2007
    Expiration Date: 20-dec-2009

    >>> Last update of whois database: Sat, 10 Oct 2009 01:04:21 UTC <<<

    NOTICE: The expiration date displayed in this record is the date the
    registrar's sponsorship of the domain name registration in the registry is
    currently set to expire. This date does not necessarily reflect the expiration
    date of the domain name registrant's agreement with the sponsoring
    registrar. Users may consult the sponsoring registrar's Whois database to
    view the registrar's reported date of expiration for this registration.

    TERMS OF USE: You are not authorized to access or query our Whois
    database through the use of electronic processes that are high-volume and
    automated except as reasonably necessary to register domain names or
    modify existing registrations; the Data in VeriSign Global Registry
    Services' ("VeriSign") Whois database is provided by VeriSign for
    information purposes only, and to assist persons in obtaining information
    about or related to a domain name registration record. VeriSign does not
    guarantee its accuracy. By submitting a Whois query, you agree to abide
    by the following terms of use: You agree that you may use this Data only
    for lawful purposes and that under no circumstances will you use this Data
    to: (1) allow, enable, or otherwise support the transmission of mass
    unsolicited, commercial advertising or solicitations via e-mail, telephone,
    or facsimile; or (2) enable high volume, automated, electronic processes
    that apply to VeriSign (or its computer systems). The compilation,
    repackaging, dissemination or other use of this Data is expressly
    prohibited without the prior written consent of VeriSign. You agree not to
    use electronic processes that are automated and high-volume to access or
    query the Whois database except as reasonably necessary to register
    domain names or modify existing registrations. VeriSign reserves the right
    to restrict your access to the Whois database in its sole discretion to ensure
    operational stability. VeriSign may restrict or terminate your access to the
    Whois database for failure to abide by these terms of use. VeriSign
    reserves the right to modify these terms at any time.

    The Registry database contains ONLY .COM, .NET, .EDU domains and
    Registrars.
    =-=-=-=
    Visit AboutUs.org for more information about leetcash.com
    <a href="http://www.aboutus.org/leetcash.com">AboutUs: leetcash.com</a>

    Registration Service Provided By: NameCheap.com
    Contact: support@NameCheap.com
    Visit: http://www.namecheap.com/

    Domain name: leetcash.com

    Registrant Contact:
    WhoisGuard
    WhoisGuard Protected ()

    Fax:
    8939 S. Sepulveda Blvd. #110 - 732
    Westchester, CA 90045
    US

    Administrative Contact:
    WhoisGuard
    WhoisGuard Protected (94cb5f38554046689ab661be37299e0a.protect@whoisgua rd.com)
    +1.6613102107
    Fax: +1.6613102107
    8939 S. Sepulveda Blvd. #110 - 732
    Westchester, CA 90045
    US

    Technical Contact:
    WhoisGuard
    WhoisGuard Protected (94cb5f38554046689ab661be37299e0a.protect@whoisgua rd.com)
    +1.6613102107
    Fax: +1.6613102107
    8939 S. Sepulveda Blvd. #110 - 732
    Westchester, CA 90045
    US

    Status: Locked

    Name Servers:
    ns1.hostingzoom.com
    ns2.hostingzoom.com

    Creation date: 20 Dec 2007 18:05:57
    Expiration date: 20 Dec 2009 18:05:57



    Same server, same DNS privacy provider. However, even the legit sites on that server use the same one on Sepulveda.



    scan & trace
    Spoiler:
    # nmap -A -T5 -F -PN 207.210.125.34

    Starting Nmap 4.52 ( http://insecure.org ) at 2009-10-09 19:16 MDT
    Warning: Giving up on port early because retransmission cap hit.
    Interesting ports on 207.210.125.34:
    Not shown: 1140 closed ports, 124 filtered ports
    PORT STATE SERVICE VERSION
    21/tcp open ftp PureFTPd
    25/tcp open smtp Exim smtpd 4.69
    | SMTP: Responded to EHLO command
    | barker.hostingzoom.com Hello example.org [REDACTED]
    | SIZE 52428800
    | PIPELINING
    | AUTH PLAIN LOGIN
    | STARTTLS
    | 250 HELP
    | Responded to HELP command
    | Commands supported:
    |_ AUTH STARTTLS HELO EHLO MAIL RCPT DATA NOOP QUIT RSET HELP
    53/tcp open domain
    80/tcp open http Apache httpd 2.2.10
    |_ HTML title: Shag Daddy Homepage<title><meta http-equiv="Content-Type" cont...
    110/tcp open pop3 Courier pop3d
    143/tcp open imap Courier Imapd (released 2008)
    443/tcp open http Apache httpd 2.2.10
    |_ HTML title: cPanel&reg;
    465/tcp open ssl/smtp Exim smtpd 4.69
    993/tcp open ssl/imap Courier Imapd (released 2008)
    995/tcp open ssl/pop3 Courier pop3d
    3306/tcp open mysql MySQL 5.0.81-community
    | MySQL Server Information: Protocol: 10
    | Version: 5.0.81-community
    | Thread ID: 5576344
    | Some Capabilities: Connect with DB, Compress, Transactions, Secure Connection
    | Status: Autocommit
    |_ Salt: Jlc-Q4MhBQOx2-)''0WH
    Aggressive OS guesses: Linux 2.6.9 (92%), Linux 2.6.9 (CentOS 4.4 or ClarkConnect) (90%), Infoblox NIOS Release 4.1r2-5-22263 (89%), Linux 2.6.20 (Ubuntu 7.04 server, x86) (89%), Linksys WAP54G WAP (88%), HP 4200 PSA (Print Server Appliance) model J4117A (88%), Buffalo TeraStation NAS device (87%), Broadband router (Actiontec GT701-WG or GT724-WG; BeWAN 770G ADSL2+; D-Link 500T; Linksys WAG54G, WAG354G, or RTP300; Netgear DG834G, or WELL PTI-850G) (87%), Actiontec MI-424-WR wireless broadband router (Linux 2.4.21), HP Brocade 4100 switch, or Netgear WNR834B wireless broadband router (87%), Telkom Mega 100 WR DSL modem (Linux 2.4.17_mvl21-malta-mips_fp_le) (87%)
    No exact OS matches for host (test conditions non-ideal).
    Uptime: 45.401 days (since Tue Aug 25 09:40:25 2009)
    Network Distance: 10 hops
    Service Info: Host: barker.hostingzoom.com

    TRACEROUTE (using port 21/tcp)
    HOP RTT ADDRESS
    1 0.57 [REDACTED]
    2 24.95 [REDACTED]
    3 24.98 [REDACTED]
    4 52.63 chp-brdr-03.inet.qwest.net (67.14.8.190)
    5 50.88 chi-bb1-link.telia.net (213.248.85.29)
    6 94.28 dls-bb1-link.telia.net (80.91.248.209)
    7 79.15 atl-bb1-link.telia.net (80.91.248.214)
    8 81.47 globalnet-127291-atl-bb1.c.telia.net (213.248.90.54)
    9 81.42 atl-core-g-g1-6.gnax.net (63.247.69.178)
    10 97.22 209.51.131.90
    11 81.41 207.210.125.34

    OS and Service detection performed. Please report any incorrect results at http://insecure.org/nmap/submit/ .
    Nmap done: 1 IP address (1 host up) scanned in 63.886 seconds


    So the actual host name of the server is barker.hostingzoom.com

    We'll need to contact that ISP's abuse department once we've gathered enough information.

    They have a pretty strict terms of service:

    http://www.hostingzoom.com/aup.php

    So its reasonable to assume that hostingzoom would be able to identify the perpetrators if they were served a subpoena.

    What I'm afraid of, is that tricking people into accepting fine print is not necessarily illegal, credit card companies do it every day. However running such a massive scam from a Cyprus tax haven almost certainly will cause some concern in some government agency. I fully intend to see to the feds getting on this case and shut these bastards down, there must be a large number of victims out there considering the scale of the scheme.
    Last edited by BSDaemon; 10/09/2009 8:30pm at .
  3. Iainkelt is offline

    Registered Member

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    S. St. Paul, MN
    Posts
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    Posted On:
    10/10/2009 12:06am


     Style: 10thP/BJJ/Wrestling/Judo

    --
    Hell yeah! Hell no!
    As a side note, their comment about having found the pictures and believing them to be in the public domain isn't really the issue.

    If, in fact, the celebrities pictured in these ads didn't consent to the use of their picture then they very well could have a claim for misappropriation of their image. Granted, a lot more information would be needed, but it wouldn't be a novel claim apart from the possible international flavor depending on where the company is actually located. I just liked how they threw that in there, as if it indemnifies them from liability.

    Just my .02 (and yeah I'm a lawyer but I don't do litigation, and the law changes from state to state so your results may vary blah blah blah)
  4. BSDaemon is offline
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    Posted On:
    10/10/2009 5:27pm

    supporting member
     Style: BJJ/MT

    --
    Hell yeah! Hell no!
    So it's an offshore company, misappropriating the likeness and image of celebrities as well as ordinary people, attempting to lure unsuspecting people who don't read the fine print in to large recurring credit card billing situations for questionable products & services. Run out of Cyprus, with web servers in Indiana and Atlanta, post office boxes in Utah.

    My wild ass guess is that there is somebody in Utah running this, not Cyprus.
  5. bobyclumsyninja is offline
    bobyclumsyninja's Avatar

    :)

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    Posted On:
    10/11/2009 1:51pm

    supporting member
     Style: Ex-Tiger KF, ex-SanDa

    --
    Hell yeah! Hell no!
    Quote Originally Posted by Iainkelt View Post
    As a side note, their comment about having found the pictures and believing them to be in the public domain isn't really the issue.
    rights of publicity/image vary, depending where you are, but there's no right to commercially use likenesses of celebs unless specifically granted contractually.

    What a reasonable person would induce, is the standard for false adv. There's a potential phat law suit in this, for the entity that controls likeness rights (be it, fighter, agent, mgr, promoter etc).

    In contracts, for music gigs, it's in there that likeness/name/tradmarks will be used to promote said event. Even under contract for services, there's no blanket use of image/brand etc unless granted formally.
  6. bobyclumsyninja is offline
    bobyclumsyninja's Avatar

    :)

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    Posted On:
    10/11/2009 1:55pm

    supporting member
     Style: Ex-Tiger KF, ex-SanDa

    --
    Hell yeah! Hell no!
    For GSP and Thialgo, contact ZUFFA. They control the likeness rights, and they don't play. They stand to have their brand weakened, under the terms of their deals w/ UFC fighters. (I think they control something like 80% of the royalty?, and all the rights to use, as it pertains to fighting).

    At least I think so. If I'm remembering correctly...through the haze of a last-night gig, and a violent assault during the afternoon....beer and bruises.
  7. Demilich is offline

    Featherweight

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    Kirkland, WA
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    Posted On:
    10/12/2009 12:10am

    Bullshido Newbie
     Style: Boxing, Sub Wrestling

    --
    Hell yeah! Hell no!
    I've seen these ads on YouTube quite a bit lately, whenever you search for a "grappling" "jiu jistu" or "mma" video.
  8. Iainkelt is offline

    Registered Member

    Join Date
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    S. St. Paul, MN
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    Posted On:
    10/12/2009 10:04am


     Style: 10thP/BJJ/Wrestling/Judo

    --
    Hell yeah! Hell no!
    Quote Originally Posted by bobyclumsyninja View Post
    rights of publicity/image vary, depending where you are, but there's no right to commercially use likenesses of celebs unless specifically granted contractually.

    What a reasonable person would induce, is the standard for false adv. There's a potential phat law suit in this, for the entity that controls likeness rights (be it, fighter, agent, mgr, promoter etc).

    In contracts, for music gigs, it's in there that likeness/name/tradmarks will be used to promote said event. Even under contract for services, there's no blanket use of image/brand etc unless granted formally.
    Exactly. You or I can take pictures in public (or anywhere else we have a legal right to be) and we would own the copyright to the photo as a general principle. We can also take that picture and sell copies of the picture, sell the copyright itself, license the copyright, or put it into the general domain for others to use (with varying degrees of rights of use) etc. However, that doesn't mean we can use pictures of random people for a commerical purpose without authorization by that person or some other justification.

    As far as any UFC fighters included in this ad, I would definitely recommend that you contact the Zuffa itself. Having sent a large number of cease and desist letters myself I can guarantee you that companies tend to take this issue very seriously.
  9. littleoldme is offline

    Registered Member

    Join Date
    Feb 2008
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    Posted On:
    10/12/2009 4:14pm


     Style: bagua

    --
    Hell yeah! Hell no!
    Extended passing off

    One of the instances where passing off is actionable is the extended form of passing off, where a defendant's misrepresentation as to the particular quality of a product or services causes harm to the plaintiff's goodwill. An example of this is Erven Warnink v J Townsend & Sons (Hull) Ltd [1979] AC 731, in which the makers of advocaat sued a manufacturer of a drink similar but not identical to advocaat, but which was successfully marketed as being advocaat.

    The extended form of passing off is used by celebrities as a means of enforcing their personality rights in common law jurisdictions. Common law jurisdictions (with the exception of Jamaica) do not recognise personality rights as rights of property. Accordingly, celebrities whose images or names have been used can successfully sue if there is a representation that a product or service is being endorsed or sponsored by the celebrity or that the use of the likeness of the celebrity was authorised when this is not true.
    (emphasis mine)

    http://en.wikipedia.org/wiki/Passing_off

    IINAL. etc.
  10. notkevin is offline

    Join Date
    Oct 2009
    Posts
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    Posted On:
    10/27/2009 5:13pm

    Bullshido Newbie
     

    --
    Hell yeah! Hell no!
    Nice work - good to see somebody doing something about these slimy sewer slugs instead of just complaining. I have been looking into these scams for a few months now and can fill in a few more details.

    Farend Services Limited (With a Cyprus address and a Utah address) is one of the dba names of a company called Just Think Media, who have an 'interesting' background: http://www.webcops.net/just_think_me...cams_8001.html

    They also dba JDW Media (named after the owner Jesse D Willms) and are being sued by Oprah for using her image to sell Acai pills:
    http://strangelyperfect.tv/6305/mona...est-and-oprah/

    Farend Services is just a Cyprus shell company but the Idaho address is also linked to that name:
    http://www.scamtimes.com/product-sca...cyprus-shells/

    There are basically 3 parties to these scams:

    1)CPA affiliates
    2)CPA networks
    3) The company with the 'offer' eg: Just Think Media

    The crappy fake blogs (flogs) are created by affiliates of the cpa networks. THey get paid around $40 for each sign up to the 'free trial'. They hide behind whois privacy but most are in the USA - the 'does business outside the USA' crap is just a worthless disclaimer like all the other nonsense about fair use of images etc. They think that gets them off the hook and saying they are outside the USA means the FTC will leave them alone. Not true of course.

    THe CPA networks are affiliate networks which are the 'middlemen' between the affiliates and the company - they pay the affiliates, charge the company, track the links etc. To find any of them just go to findaffiiateoffers.com and type in the name of one of the offers or just a word like acai etc...

    As you discovered they are also behind a lot of scams using/abusing the Google brand name and there are many links to Utah too:
    http://strangelyperfect.tv/4308/goog...ame-same-scam/

    Hope that helps and good work on the research!
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