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Copyright Infringement

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Fecko33

Junior Member
My IP address has been implicated in the illegal downloading of the movie "Hurt Locker". A few months back I received a letter in the mail from my previous ISP stating that the US Copyright Group was seeking my contact info. Included with that letter was a subpoena from the law firm. A couple weeks ago, I received a letter directly from the law firm stating that if I did not settle for $2,000 by a specific date, I would be taken to court for somewhere between $30,000 & $150,000. There have been over 20,000 individuals involved in this lawsuit. Is this a scare tactic or something I have to worry about? Thanks
 


quincy

Senior Member
The threat of legal action and the $30,000 figure may not be a scare tactic, but the $150,000 figure probably is.

Someone who has been found infringing on a copyrighted work can find themselves having to pay the copyright holder statutory damages should the matter wind up in court, if the copyrighted work was registered with the U.S. Copyright Office in a timely fashion.

Statutory damages generally range from $750 to $30,000 per infringed work, although damages awarded can be as low as $200 for "innocent" infringement and up to $150,000 per infringed work for "intentional" infringement. The $150,000 would be for extreme cases of infringement that involve, generally, numerous instances of infringement or many many thousands of dollars worth of losses for the copyright holder. Some recent court awards in these "mass-defendant" copyright infringement actions (when the John Does have been sued individually) have been in the $10,000 range.

If you did not respond to the first notification you received from your ISP, by filing a motion to quash the subpoena or by filing a motion to dismiss you from the action, then your ISP released your account information to the U.S. Copyright Group. The letter you received from the Copyright Group is an offer to settle the infringement for a fraction of what it may cost you if the Group has to take you to court to collect.

More and more of the identified John Does in these mass-defendant copyright actions are being taken to court in their home states, after ignoring the settlement letter request or refusing to settle. Many John Does have been under the somewhat-popular belief that the copyright holder will not take any legal action against them past the settlement letter stage. They are finding out now that this is not the case.

If you did not illegally download the film, you have that for a defense. If you are sued, however, in your home state, you may find that your computer will be ordered examined by a computer forensic expert hired by the copyright holder, as part of a discovery request. Experts can detect even illegal downloads that have been deleted from a computer. It also works against a defendant in one of these actions to alter the contents of their computer in any way, as this can be detected and used against them in court (Google "spoliation of evidence").

If you did, in fact, infringe, it may be financially wise for you to settle for the $2000. I recommend you consult with an attorney, however, before doing so.

I really recommend you contact an attorney in your area to go over all of the specific facts of your situation. These mass-defendant actions often have curious legal twists and complications that only a personal review of the particulars by an attorney in your area will be able to discover. The assorted states and courts that have heard these copyright infringement suits are handling them in often very different ways. The attorney will have the up-to-date information on your particular case and the attorney can make sure that the copyrighted work was registered properly before the alleged infringement occurred (it is probably safe to assume "The Hurt Locker" was registered) and the attorney can make sure that the Group suing you actually has standing to sue (if it is Voltage Pictures, they do). An attorney will look to see if he can get you out of the action entirely, or he can work for you to try and get the settlement figure negotiated downward.

In other words, an attorney will be able to guide you through this far easier than you will be able to guide yourself.

Good luck.
 
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quincy

Senior Member
I don't recommend that Fecko admit on this forum that he illegally downloaded the film.

Some additional information on "The Hurt Locker" suit. "The Hurt Locker" is a Voltage Pictures film. The suit against the John Doe infringers was filed by Voltage Pictures in the District of Columbia District Court.

The U.S. Copyright Group (also known as Dunlap, Grubb & Weaver) represents several film companies - Voltage Pictures, Hard Drive Productions, First Time Videos, Imperial Enterprises, K-Beech, Liberty Media, Maverick Entertainment, MCGIP, West Coast Productions, Third World Media, Third Degree Films, New Sensations, Nu Image, On the Cheap, and Patrick Collins.
 
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justalayman

Senior Member
I don't recommend that Fecko admit on this forum that he illegally downloaded the film.
.
I agree but let me say this:

IF you did download the movie illegally, you need to understand there can be consequences to your actions. The intent of the law is to cause a person to not break the law. This is done by providing punishment for breaking the law.

You know if you downloaded the movie or not and depending on how far this gets, the plaintiff may be able to discover the truth whether you admit it or not. Computers have a nasty habit of telling on their owners, even when the owner thinks they have removed that possibility.;)

So, the lesson here is:

do not illegally download movies or any other such material. In today's world, it is harder and harder to hide behind an IP address than ever before.
 

quincy

Senior Member
And it may get even harder still.

In October, a "Stop Online Piracy Act" was introduced in Congress (it is also known as the E-PARASITE Act, Enforcing and Protecting American Rights Against Sites Intent on Theft and Exploitation Act). What it could do if enacted is allow the Department of Justice to get court cease and desist orders against alleged infringers, expand the definition of criminal infringement to include websites that assist in online piracy, and allow for the government to shut down websites.

This Act is problematic for many reasons, of course, but its introduction is an indication of how serious the problem of online piracy of copyrighted material has become. The mass-defendant copyright infringement lawsuits are a reaction to the problem, but certainly not the best solution.

As one additional note: Prosecutions for criminal infringement are rare but a man in, I believe California, was just prosecuted for and found guilty of illegally uploading and sharing several popular copyrighted films (including "The Black Swan"). He now faces up to 3 years in prison.

Okay, one more additional note: Fecko33 may wish to check out a thread posted not all that long ago titled "spoliation of evidence" (use the search feature at the top of the page and put "spoliation of evidence" in the key word box). It details what computer forensic experts look for, and how they find it, and what can happen if a person accused of an illegal download tries to erase evidence of the illegal download from their computer.

With ALL of that said, there is also a chance in Fecko's case that the Copyright Group will not pursue him past the settlement letter stage, even if he chooses to ignore the letter and payment demand. It is certainly a risk to assume that they won't, but it is a possibility that can be considered when deciding what to do about the notice received.

Once again, an attorney's advice and direction is wise and advised.
 

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