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Recent IP subpoena

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5h4rp14

Junior Member
I reside in CA, and got a subpoena from my ISP about a pending Doe lawsuit my IP has been named in. My question is, do I contact them now for a settlement (hopefully with the aid of a lawyer), wait for them to contact me, or just bury my head and hope it blows over. Also, what will settling preclude me from if anything. Both amounts (the settlement amount, along with the 150k amount) will both be equally enormous for me to pay, just one more feasible than the other. Any advice would be helpful, thanks
 


quincy

Senior Member
It is ultimately up to you to decide what to do about the copyright infringement suit filed against you. You can settle the suit upon receipt of a settlement demand letter by paying the amount demanded, or you can try to negotiate for a lower settlement amount and pay that, or you can ignore the settlement demand entirely and wait to be sued.

If you choose not to settle and are taken to court, the amount that can be awarded by a court, should the plaintiff win the action, will be between $750 and $30,000 per infringement. The $150,000 figure is for "willful" infringement and is unlikely to be awarded over one illegal download.

Right now, if you were just notified by your ISP that you have been "named" as a John Doe in a suit, the suit is in its preliminary, pre-discovery stage. The plaintiff in the action has filed suit and has obtained from the court an order requiring the ISPs to release the account information of the John Does listed in the suit.

You can move to quash the subpoena on, perhaps, First Amendment grounds, which will protect your current anonymity if the motion is not denied, but the suit against you as John Doe will go forward. You can move for your dismissal from the suit, on whatever grounds that may apply (personal jurisdiction grounds, improper joinder grounds?) and, if your motion is granted, you will be dismissed from the suit entirely (but probably renamed in another action in your home state in the near future).

You can choose to do nothing at this point, allow for the release of your account information to the plaintiff, and wait for the settlement letter or a summons and complaint to arrive and decide then what you want to do.

Usually most defendants, if they know they are guilty of illegally downloading copyrighted material, will choose to settle the suit. This can often be the financially wise thing to do, as a court action can result in far greater costs. If you have a legitimate defense to the alleged infringement, however, you may wish to fight the claim against you and leave the plaintiffs to their proofs.

I suggest you use the "search" feature at the top right-hand side of this page and click on it. In the "keyword" box, type in the words "copyright infringement subpoena." Enter the verification code and press enter. Several recent threads on this same topic will appear. If you read through these (and it is a LOT of reading, as this is an issue that has been addressed numerous times on this site already), you can get an idea of what you will be facing and ways you can deal with the infringement notice.

There are suggestions and resources provided in the threads that you may find helpful. One recommendation you will see in all of the threads is to seek out legal counsel in your area, this even if you choose to settle. An attorney can ensure your rights are protected and can direct you on what your options are and what your best course of action may be, after a review of the facts particular to your situation.

Good luck.
 
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