file a motion to quash or vacate subpoena

[jk76]

What is the name of your state (only U.S. law)? Indiana

Recieved a letter in the mail from Comcat stating my ip address has been identified as downloading porn form a p2p website. The plantiff West Coast Productions has subpoena Comcast to disclose my information. I have not download any porn and do not vist p2p websites. I do live behind an apartment complex and believe some one used my wifi. I have as of today passworded my connection. How do I file a motion to quash or vacate the subpoena, and how much is this lesson going to cost me.

Thanks in advance.

 

[divgradcurl]

What is the name of your state (only U.S. law)? Indiana

Recieved a letter in the mail from Comcat stating my ip address has been identified as downloading porn form a p2p website. The plantiff West Coast Productions has subpoena Comcast to disclose my information. I have not download any porn and do not vist p2p websites. I do live behind an apartment complex and believe some one used my wifi. I have as of today passworded my connection. How do I file a motion to quash or vacate the subpoena, and how much is this lesson going to cost me.

Thanks in advance.

If Comcast received a subpoena for information, it's not you that defends against the subpoena, it's Comcast. You can contact Comcast and see if they intend to comply with the subpoena or not, they probably will.

If Comcast has received a subpoena, that means that the rights holder, or whoever is enforcing the rights on behalf of the rights holder, has already filed a lawsuit against you, they just don't know at this point exactly who you are. Once they find out, they will contact you and either (a) provide you with settlement terms, (b) serve you with a complaint, or both, possibly.

There really isn't anything for you to do at this point -- well, technically I suppose you could intervene on behalf of Comcast, but unless you hire a lawyer, you will have to identify yourself as an intervenor, which is all these people want anyway. If you are going to need to hire a lawyer, this isn't the time to do it, on a very-low-probability-of-success motion -- hire a lawyer when you get served with a complaint, that's when a lawyer can do some good.

But most likely you will get a demand to settle the case first anyway, so you can see if the demand is something you can live with, and go from there.

 

[quincy]

jk76, you may be interested in reading the thread started in the Computer section of this forum, titled "Illegal Downloading." It is about a West Coast Productions lawsuit filed against 5000+ defendants and there are resources provided in that thread that may be of help to you in facing the infringement lawsuit filed against you.

Comcast contacted you to inform you that they would release your identifying information unless you moved to quash the subpoena. You will want to quash the subpoena if you wish to have your anonymity maintained.

Many of the defendants in the West Coast Production lawsuits (and in other similar "mass defendant" lawsuits) are not only filing motions to quash the subpoenas but they are also filing motions to dismiss them from the actions entirely. The motions to dismiss are based on the lack of the court's personal jurisdiction over them and on improper joinder grounds. If the West Coast suit in your case has been filed in Indiana, the personal jurisdiction grounds for dismissal will not be applicable, however.

The problem with these West Coast Production lawsuits is not that they do not have the right to sue infringers but rather it is the manner in which they are doing this that has been called into question in several states. Several states have already dismissed several defendants from these mass defendant infringement lawsuits and/or dismissed the suits entirely.

As for whether filing a motion to quash the subpoena or filing a motion to dismiss you from the action will prevent West Coast from suing you for infringement, the answer is no. Those actions can only serve to keep your identity private for now and possibly remove you from this particular "mass defendant" lawsuit. West Coast can still serve Comcast with a subpoena for your identifying information later and West Coast can still send you a demand notice later and West Coast can still file an infringement action against you later.

If or when that happens, divgradcurl is correct - that is when you would be wise to have an attorney, to help you review your options and to help you make a decision that is based on your specific situation.

Good luck.

 

[aptpupil]

so, it sounds like the advice is to hang tight and see what happens?
i'm in the same boat and would like to file a motion to quash/vacate the subpoena so they don't give out my personal information. can this be done online? is the form online somewhere? what's the next step?
docket #: C-11-1495 EMC
oh, and this needs to be filed by May 3, so any help is appreciated.

 

[toughone]

I too am looking for answers (why is the good forum post in comp 'closed')

Hello All,

I too have received the comcast notice.

I've read the informative posts on the other thread in 'computer...' and right now am wondering why that thread was 'closed' ?? Because that thread is closed I will post here, before possibly starting a new thread.

Right now i'm leaning towards filing motions to quash, discard, and anonymize my motions. I do have an attorney. He's not really an expert in this area, however he will file for me.

By the way, I thought I would relate my situation, because it is somewhat unique. In fact, I distinctly recall the events. Last november I was searching for a copy of 'Hiram's rescue CD' because I had a disc crash and was trying to recover. Hiram's CD is typically distributed via 'bittorrent' and is perfectly totally free. I found a link after searching Google called "hirams cd torrent" and clicked it to download the 'iso' file. A while later, I came back to the computer and checked the download... well, instead of files named 'hiram' etc, I see files named "teen anal ...etc.". I was a bit miffed, obviously someone had misappropriated/misrepresented the link/torrent. I immediately cancelled that download, and proceeded as normal to find a reliable link for Hiram. Didn't think anything about it. As far as I know, the "teen anal..." file never completed or reached my hard drive. I've triple-checked using forensic tools (CnW recovery to be precise) and there is absolutely no record of any "teen anal" files or directories/folders on my hard drive (thank goodness).

So now I have a subpoena and lawsuit pending just because I clicked on a link that was deliberately mis-used. I am seriously WONDERING if this lawfirm (or west coast themselves) have deliberately placed misleading torrent links just to 'hijack' users for their lawsuit scam. I'm going to fight this.

Any advice or feedback is much appreciated.

 

[Bruno]

Could you please post a link to the other (now-closed) thread?

 

[helloman123]

West coast litigation

What is the name of your state (only U.S. law)? Florida

Hi

I just got a letter from comcast that west coast production subpoenaed comcast to release my personal information by may 16, 2011. I was reading a bunch of the threads before it was closed and I was wondering what is the best option for this case?

1) get a lawyer and try to file a motion to quash the subpoena. I was reading a bunch of threads and tt seems that even if you do this, they can still sue you for infridgment. So basically, you are just delaying them to sue you. And if you file a motion to quash the subpoena, how can they find out who you are based on your IP address if comcast isn't going to give it to west coast production, so HOW will they find out who to sue based on that IP address?

2) wait to get a letter of settlement and see how much they are willing to settle. By this time, they will have your name and they'll juse serve you papers. How much do you think you will settle this case for?

3) What is the likelihood that this case will be dropped like the previous case? And if it is dropped, can they file AGAIN and sue the same IP addrss AGAIN?

It seems to me like this law firm is just trying to scare people to make a lot of money.

 

[quincy]

Bruno, the other thread, on a West Coast Productions copyright infringement suit filed in the District of Columbia, is in the Computers/Software & Internet section of the forum - "Illegal Downloading."

I am not sure why it was locked.

There are resources provided in that thread (that will not be repeated here) and these resources can perhaps be of some assistance to those looking to quash the subpoenas served on their ISPs and/or to those looking to file motions to dismiss.

You can file a motion to quash and/or a motion to dismiss, or you can let your ISP comply with the subpoena and release your identifying information to West Coast Productions. Once West Coast has your identifying information, they will probably send you a "demand" letter, informing you that you are being sued for copyright infringement, and asking you for X amount of dollars to settle the suit. The settlement amount may or may not be negotiable. It is also possible (perhaps not probable) that West Coast will skip the demand letter entirely and you will just be served with a complaint and summons.

How much West Coast will demand, if you receive a settlement letter, is a question mark. The amount will undoubtedly be less than the statutory damages that could potentially be awarded should they take the matter to court - then again, a court could award less. The amount could be less than what it would cost to have an attorney handle the matter, or it could be more.

It really depends on all of the facts and circumstances presented by each particular John Doe defendant.

You may wish to check out eff.org's USCG v People and find the September 10, 2010, "Motion to Quash Subpoena" (a pdf file), to get an example of the form used for a motion. Yours will not be exactly the same, nor will yours need to be as long or as detailed, but you will want to provide laws and case law to support your motion, as shown in the EFF motion. Some of the laws and case law cited may be useful to you in your own motions.

I really recommend that all of you consult with an attorney in your area - legal aid clinics, law schools, or organizations like the ACLU may be good sources of no-or-low cost legal assistance. This is the best way for you to get information and advice tailored specifically to your own particular needs and situations.

 

[djiss]

Hello All,

I too have received the comcast notice.

I've read the informative posts on the other thread in 'computer...' and right now am wondering why that thread was 'closed' ?? Because that thread is closed I will post here, before possibly starting a new thread.

Right now i'm leaning towards filing motions to quash, discard, and anonymize my motions. I do have an attorney. He's not really an expert in this area, however he will file for me.

By the way, I thought I would relate my situation, because it is somewhat unique. In fact, I distinctly recall the events. Last november I was searching for a copy of 'Hiram's rescue CD' because I had a disc crash and was trying to recover. Hiram's CD is typically distributed via 'bittorrent' and is perfectly totally free. I found a link after searching Google called "hirams cd torrent" and clicked it to download the 'iso' file. A while later, I came back to the computer and checked the download... well, instead of files named 'hiram' etc, I see files named "teen anal ...etc.". I was a bit miffed, obviously someone had misappropriated/misrepresented the link/torrent. I immediately cancelled that download, and proceeded as normal to find a reliable link for Hiram. Didn't think anything about it. As far as I know, the "teen anal..." file never completed or reached my hard drive. I've triple-checked using forensic tools (CnW recovery to be precise) and there is absolutely no record of any "teen anal" files or directories/folders on my hard drive (thank goodness).

So now I have a subpoena and lawsuit pending just because I clicked on a link that was deliberately mis-used. I am seriously WONDERING if this lawfirm (or west coast themselves) have deliberately placed misleading torrent links just to 'hijack' users for their lawsuit scam. I'm going to fight this.

Any advice or feedback is much appreciated.

That's crazy! I also downloaded the hiram boot cd at the same time they say this copyright infringement occurred!