Busted for broadcasting the fight? – Here is how it probably happened with some tips to help!!
I had the great fortune of recently speaking with a former investigator for law firms and “rights holders” involving the rights to broadcast championship fights. This person was paid to infiltrate private bars, restaurants, and the life to try to find people illegally broadcasting the boxing matches without a commercial license to do it. It was a great call because I learned more about the “belly of the beast” and what these companies are willing to do to try to muster up a federal court lawsuit, and settlement. Its pretty shocking to be honest. Here is what I learned.
1. Their investigators must agree to honesty, loyalty, and secrecy
2. They must sign an affidavit in every case documenting the alleged illegal showing of a fight
Here is the affidavit their investigator might be using – ASK TO SEE A COPY OF IT.
Did they really order any drinks? Did they violate any terms of business you had placed on your window?
Here is a copy of the affidavit the secret investigator apparently has to sign. This is so they can use it in court as evidence, since it is signed under penalty of perjury. If I were being pursued by an aggressive Plaintiff counsel I would DEMAND to see this. See what they are alleging. What proof do they have. Force them to show you the proof.
I hereby declare under penalty of perjury and in conformance with the provisions set forth in Title 28 U.S.C. § 1746 that
I, , being duly sworn according to law deposes and says, that on , 2015 at
p.m./a.m, I entered the
(time) (trade name of establishment)
located at .
(street address, city, state, zip code)
I paid a cover charge of $ to enter this establishment. I ordered Drink(s) from the
Bartender/ Barmaid/ Waitress who was described as
(name, sex, age, ethnicity, distinguishing characteristics)
I observed televisions located inside this establishment. The televisions can be
(total # of TVs)
described as follows: located
(make, model, and size of each TV)
(specific location of each TV)
At the time I was inside the above establishment, I observed the following program on the above televisions:
(names of fighters or commentators, trunk colors of each fighter/attire of commentators, time remaining in round)
I also observed the following distinguishing items inside the establishment:
(posters, decorations, pool tables, memorabilia, etc.)
This establishment rates .
(Good, Fair, Poor)
The capacity of this establishment is approximately people. At the time of my appearance
counted the number of patrons three (3) separate times. The head counts were ,
I left the above establishment at p.m./a.m on .
I also observed the following license plates in the parking lot
1) 2) 3)
4) 5) 6)
Signature of Investigator
Name of Investigator (Printed)
Telephone Number of Agency
On before me, _______________, personally appeared ______________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
NOTE: If they photographed your copyrighted wall art, photos, or other copyrighted content. This may be something to raise as a countersuit. You may find at the end of the day, given copyright damages can reach $150,000 per willful copyright infringement, these dirtbags may end up owing you money. Also Note, they are sending in a “f ake customer” under false pretenses. They may be trespassing, and invading your privacy. We an help you review these potential defenses and mitigating factors. Call (877) 276-5084.
The Affidavit above that the TV Signal piracy snitch is asked to provide to the company, and/or its law firm (which may create an illegal and unethical “runner” situation) also includes an “AFFIDAVIT INSTRUCTION SHEET.” If you are being pursued viciously by a Pay per View Collection Lawyer, I would also request to see any instruction sheets. Here is the one that was voluntarily provided to me.
- MAKE SURE THAT YOU WITNESS THE PROGRAM FROM INSIDE THE ESTABLISHMENT. YOU CANNOT WITNESS THE PROGRAM FROM A WINDOW, OPEN DOOR, OR LINE OUTSIDE. UNLESS YOU GAIN ACCESS INSIDE THE ESTABLISHMENT IT IS NOT A VALID HIT.
ATTORNEY STEVE TIP: Clearly they have the intent to gain false access to your premises for their own monetary purposes.
- PLEASE NOTE THE EXACT TIME YOU ENTER AND EXIT THE ESTABLISHMENT.
- PLEASE NOTE THE EXACT STREET ADDRESS OF THE BAR OR RESTAURANT ON THE AFFIDAVIT. IF YOU DON'T KNOW THE EXACT ADDRESS, WAIT UNTIL YOU HAVE IT BEFORE PUTTING IT ON THE ORIGINAL AFFIDAVIT WHICH WILL BE NOTARIZED.
- WHERE POSSIBLE, PLEASE GET THE NAME OF THE BARTENDER OR BARMAID. IN ALL INSTANCES PLEASE DESCRIBE THE BARTENDER OR BARMAID BY SEX, HEIGHT, WEIGHT, APPROXIMATE AGE AND ETHNICITY. ABBREVIATIONS ARE PREFERRED, i.e., “JOHN ROGERS, WM, 6'1”, 185 lb., 30-35 yr”. IF THESE INDIVIDUALS HAVE A DISTINGUISHING CHARACTERISTIC (moles, scars, tattoos, piercings, bad haircuts, etc.), PLEASE NOTE THIS IN THE DESCRIPTION YOU PROVIDE.
ATTORNEY STEVE TIP: Cleary they are willing to waste your time, under false pretenses, to ask you questions for their own monetary gain.
- PLEASE DESCRIBE THE PROGRAMMING BRIEFLY BUT WITH PARTICULARITY. THE FIGHTER NAMES, TRUNK COLORS, TIME REMAINING IN THE MATCH IS REQUIRED. WHEN WRITING UP PRE OR POST MATCH INTERVIEWS OR COMMENTARY, DESCRIBE WHO IS TALKING, WHAT EACH PERSON IS WEARING, SUBJECT MATTER, AND WHERE INTERVIEW IS TAKING PLACE.
- IF YOU PAID A COVER CHARGE & WERE GIVEN A TICKET OR RECEIPT, PLEASE ATTACH THIS TO THE ORIGINAL AFFIDAVIT. IF YOU CAN LAWFULLY OBTAIN ANY EVENT ADVERTISING, POSTERS OR FLYERS CONCERNING THE EVENT BEING SHOWN, PLEASE ATTACH IT TO THE AFFIDAVIT. IF YOU CANNOT OBTAIN THE ADVERTISING, PLEASE REFERENCE & DESCRIBE IT IN THE AFFIDAVIT.
ATTORNEY STEVE TIP: They are looking to take your expensive marketing materials (without an intent to purchase anything) and will try to use this as evidence against you.
- IF THE ESTABLISHMENT HAS AN OFF-STREET PARKING LOT, PLEASE NOTE THE TAG NUMBERS OF SIX (6) CARS ON THE AFFIDAVIT. IF THE ESTABLISHMENT HAS NO PARKING LOT. PLEASE WRITE “NO PARKING LOT, ON STREET PARKING ONLY”, ON THE AFFIDAVIT.
- IF YOU HAND WRITE THE AFFIDAVIT, PLEASE BE LEGIBLE.
ATTORNEY STEVE TIP: As you can see, these rats are willing to do anything to abuse your company, rip off its materials, and come onto your private establishment under false pretenses, and potentially invading the privacy of your guests. We have seen companies like this BLATANTLY IGNORE no trespassing signs and continue to potentially illegally firm guests, and infringement copyrights of the business. All because they want to BUST you for showing the FIGHT, which in many cases was actually paid for and authorized.
Illegal Video Tape Recording
When a person enters onto the private establishment of another, they are subject to their terms and conditions,. For example, if this notice, or something along the lines of this are POSTED IN YOUR WIDOWN and the boxing investigator enters your private premies, these terms and conditions of entry should apply:
“YOU MAY NOT COME INTO THIS ESTABLISHMENT UNLESS YOU ARE A REAL CUSTOMER. IF YOU ENTER HERE FOR IMPROPER SELF-SERVING CONDUCT (OR FOR THE PURPOSES OF PRIVATE INVESTIGATION OR SURVEILLANCE) THEN YOU ARE BREACHING THIS LICENSE AGREEMENT AND YOU WILL BE HELD LIABLE AS A TRESPASSSER AND ANY PHOTOGRAPHS OR VIDEOS TAKEN OF OUR CUSTOMERS WILL VIOLATE THEIR/OUR REASONABLE EXPECTATION OF PRIVACY AND YOU WILL BE HELD LIABLE FOR ALL DAMAGES RESULTING UNDER STATE AND FEDERAL LAW INCLUDING, BUT NOT LIMITED TO, PAYING THEIR REASONABLE ATTORNEY FEES AND PUNITIVE DAMGES.”
Here is a blog we did about illegal tape recording in Arizona. DEMAND TO SEE THE VIDEO TAPE!!! If they are taping women's boobs they might be committing a crime. They should then go to jail.
Your entry tickets and cover-charge RECEIPTS, should potentially include a statement that:
“IF YOU ARE COMING INTO OUR PRIVATE ESTABLISHMENT UNDER FALSE PRETENSES YOU ARE SUBJECT TO LOCAL PROSECUTION AND CIVIL LAWSUIT. YOU ARE ALSO SUBJECT TO OUR LOCAL RULES, VIOLATION OF WHICH WILL RESULT IN OUR COMPANY SUING YOU AND SEEKING OUR ATTORNEY FEES, WHICH BY ENTERING YOUR, YOU HEREBY AGREE TO. YOUR RIGHT TO ENTER THIS ESTABLISHMENT IS BASED UPON THESE TERMS.”
Put this in the back of your tickets and when they come in to tape women, and the fight, copyrighted or trademarked elements of your establishment and other
Contact a J&J Sports Defense Law Firm / G&G Closed Circuit Events,LLC / Joe Hand Promotions
If you are accused of broadcasting illegally boxing fight matches at your commercial establishment, call us at (877) 276-5084 for a free initial consultation. There is no other law firm (that I have seen) that has discussed the big issues, and shown business owners across the United States what these boxing rights company are willing to do to procure a LARGE settlement for showing a pay per view fight without the proper commercial license. These companies and their attorneys could be seeking $100,000 or more and this could literally drive a small bar or restaurant into bankruptcy, or worse, force you to close the doors. We can help defend you.
NOTE: This blog is not designed to suggest or insinuate that JJ Sports (or any other rights holders mentioned) are engaged in illegal activity its just that they are a major filer of lawsuits in the this area.
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