scared out of mind: infringement notice.

Texas.

hello fellow friends. I have received an infringement notice today from the internet supplier who has sent me that common infringement notice that we all have seen; starts out trivially as

"You are hereby notified that your unauthorized copying and/or distribution infringes the registered copyrights of Third Degree under the U.S. Copyright Act, 17 U.S.C. 106. In this regard, demand is hereby made that you and all persons using this account immediately and permanently cease and desist the unauthorized copyin**************." (the following is copy&pasted from someone else's statement as an example. My statement might or might not be different)

I am normally a law abiding citizen and never got in trouble with the law, so this is really scaring me. The internet provider provided me case# and password, which I cannot access anymore b/c the they came in a webpage that explained why service was disconnected and what to do to reconnect the service, etc; and now that the service is reconnected, I can't access that web page.

So, so far I have contacted the provider company through email and requested the information (case# and password) so I can further solve this distraught case; did not disclose any name; just the account number for internet service. I will be honest. I only downloaded 1 pornographic file through utorrent off a website that is used by many people and seems legitimate. I had no idea that anything I download from there would cause infringement problem. I of course deleted everything and swore not to download anything. It's not worth me being scared to death.

Can yal give me an input on this please? If I do end up paying, how much would be charged? Some of my pals say ignore it b/c it's such a small thing so it will just slide. I don't know, I think it's never a good idea to take risks with law, but it is such a minor thing. I will really really appreciate your input. I don't I will be able to sleep tonight. Thank you.

Is the movie you downloaded something that would normally require payment? (I'm sure the answer is a yes since it wouldn't make sense to use a torrent if it was something you could legally obtain free, and you wouldn't be getting the infringement notice). If so, then the law views that as theft. Illegal downloading is a "white collar" type of crime. Not trying to scare you, but the fines can run quite a bit. Whether anything will definitely happen to you or not, I just don't know the answer, sorry! I am not certain if it's a scare tactic or if anything will come down the road. Either way, learn from this one time lesson and don't ever use torrents again. If you do, remember it's a risk you are taking. It's MUCH cheaper just to legally pay for the content you want than risk/end up with fines. It's unfair there are people who have been stealing content(music, movies, software, etc) for years and never caught, and if indeed this was the one and only time you downloaded something, got caught, but it is a risk you took.

Since I don't have any further answers, and it doesn't look like anyone else has responded to this thread, I would suggest googling some terms such "dmca infringement notification" "dmca penalties" and that may help guide you some in the interim as to what you may realistically be looking at.

talon said:

If I do end up paying, how much would be charged?

Click to expand...

Settling out of court for a number in the lower $X,XXX (thousands) isn't unheard of. Again, I don't know details behind the situations I have read about and heard of in the past. I am hopeful the google search terms I suggested above will help you on that answer.

Hang around for quincy. He is the resident expert on these matters.

The gist of what Jendor wrote is correct.

Third Degree is one of the many movie companies that has taken to mass-defendant copyright infringement suits in recent years over the illegal downloads of their copyrighted films. There are several active Third Degree suits in courts throughout the country right now, targeting thousands of John Doe defendants.

One thing that Third Degree has done that is different than the other movie companies that are pursuing infringers on a mass scale is that Third Degree has used the IP addresses of the John Does who have been tracked to the illegal downloads and has filed suit in the John Does' home states (or as close to the home states as can be determined by the IP addresses). This has helped them avoid one of the major controversies that has arisen over the mass-defendant suits filed by other companies - personal jurisdiction.

When sued by Third Degree in your home state, the costs of defending against the action can be high and if you lose the suit, the judgment against you can be substantial. The case will be decided on a preponderance of the evidence presented in court. This usually favors the plaintiff in these cases.

Third Degree's films are copyright protected and federally registered, entitling Third Degree to the collection of statutory damages. Statutory damages range from between $750 to $30,000 per infringed work (although at a judge's discretion, an award could potentially be as low as $200 for a single infringed work and, for willful infringement, as high as $150,000 per infringement). Third Degree, in the suits it has filed, is asking not only for statutory damages, but for litigation costs and attorney fees. All can be awarded.

talon, you will probably be sent a settlement letter if you do not respond to the subpoena on your ISP with a motion to quash. The motion to quash can protect your identity if it is granted. You will want to check into whether filing a motion to quash in your situation is wise. There is no guarantee it will be granted by the court. You can also file a motion to dismiss you from the action and you will want to check on the advisibility of filing such a motion. There is no guarantee that you will be dismissed from the suit, however. Without a solid defense to the action, an infringer can often be better off financially settling the action for the amount demanded by the copyright holder in a settlement letter, or trying to negotiate for a lower settlement amount and paying that.

Third Degree does not have to send out a settlement letter, does not have to settle and does not have to negotiate. Third Degree can move forward with a summons and complaint, which will force you to respond to the complaint and, probably, appear in court to defend against the action (although, normally, any suit will settle prior to any trial).

You may wish to use the "search" feature at the top of this page and enter into the "keyword" box the words "copyright infringement subpoena," type in the verification code, press enter. Several fairly recent threads will appear on copyright infringement suits similar to the one you are facing. There is a lot to read, as this particular subject has been the topic of many posts to this forum, but if you read through the threads you can get a better idea of what you can expect from the action filed against you.

The advice offered in all of the threads mentioned above, and the advice I offer to you here, is to seek out the advice and direction of an attorney in your area. All IP attorneys will be familiar with these copyright infringement actions, and an attorney in your area can personally review the specific facts of your situation and advise you based on these facts what your best course of action will be. It is NOT wise to simply ignore this matter. It will probably not go away.

Good luck.


(thanks, justalayman - I think I am the resident expert only by default, de fault being all divgradcurl's for not visiting as frequently now )