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recieved subpoena
- Thread starter matt314
- Start date
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It's not a question of whether or not the movie is still on your computer. That doesn't matter at all. They have the records from your internet provider showing that your IP address downloaded the movie. Since you are presumably the account holder, they are suing you. Have you not received some sort of settlement offer before this?
This is a civil case not criminal. You aren't going to jail. (unless you ignore the summons and wind up in contempt) But you could be out a lot of money.
This is a civil case not criminal. You aren't going to jail. (unless you ignore the summons and wind up in contempt) But you could be out a lot of money.
quincy
Senior Member
What was the subpoena for? To produce or permit inspection of your computer? Is there a hearing scheduled?
What you probably should do is contact an attorney in your area who is well-versed in copyright infringement law. The attorney can advise you on what your best course of action may be based on the facts of your situation (ie, the attorney may advise that you object to the ordered production of documents or an inspection of your computer or whatever).
Otherwise, you should appear in court at the scheduled time, dressed nicely.
You should not try to wipe your computer files.
You may find the information provided on the following thread informative. It deals with what you should (and should not) do once you have been informed that an infringement action has been filed against you:
https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/spoliation-evidence-557249.html
Statutory damages that can be awarded to a copyright holder in an infringement action (if the copyrighted work was registered in a timely manner) are between $750 to $30,000 per infringement, but can be as high as $150,000 per infringement for a "willful" infringer or as low as $200 for an "innocent" infringer (this at the discretion of the judge and based on the evidence presented).
Were you a former "John Doe" in one of the mass-defendant copyright infringement suits? Just curious.
What you probably should do is contact an attorney in your area who is well-versed in copyright infringement law. The attorney can advise you on what your best course of action may be based on the facts of your situation (ie, the attorney may advise that you object to the ordered production of documents or an inspection of your computer or whatever).
Otherwise, you should appear in court at the scheduled time, dressed nicely.
You should not try to wipe your computer files.
You may find the information provided on the following thread informative. It deals with what you should (and should not) do once you have been informed that an infringement action has been filed against you:
https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/spoliation-evidence-557249.html
Statutory damages that can be awarded to a copyright holder in an infringement action (if the copyrighted work was registered in a timely manner) are between $750 to $30,000 per infringement, but can be as high as $150,000 per infringement for a "willful" infringer or as low as $200 for an "innocent" infringer (this at the discretion of the judge and based on the evidence presented).
Were you a former "John Doe" in one of the mass-defendant copyright infringement suits? Just curious.
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quincy
Senior Member
There are legitimate defenses available to those who have been falsely accused of illegally downloading copyrighted material. It appears, however, that there is nothing false about the claim against Matt. He illegally downloaded copyrighted material.
Because it also appears that Matt has evidence of the illegal download on his computer, he really should have an attorney help him negotiate a settlement with the copyright holder. If the matter heads to trial, it almost assuredly means a computer forensic expert will be involved, which increases the costs of litigation considerably, and will no doubt increase the size of damages awarded.
I can see two possibilities here: one is that Matt is suspected of downloading more than just a single movie and is being pursued for that reason or two, Matt is being used as an example to others that copyright infringers will be pursued past the settlement letter stage.
I am seeing several of the former John Does from a few of the mass-defendant actions being taken to court now. I am sure more will follow. Copyright holders are getting frustrated at the large number of individuals who are pirating their copyrighted works, and frustrated by those who are refusing to settle. Copyright infringement is not being taken seriously, in other words - and that may change if more infringers are taken to court and made to pay the higher damages.
Because it also appears that Matt has evidence of the illegal download on his computer, he really should have an attorney help him negotiate a settlement with the copyright holder. If the matter heads to trial, it almost assuredly means a computer forensic expert will be involved, which increases the costs of litigation considerably, and will no doubt increase the size of damages awarded.
I can see two possibilities here: one is that Matt is suspected of downloading more than just a single movie and is being pursued for that reason or two, Matt is being used as an example to others that copyright infringers will be pursued past the settlement letter stage.
I am seeing several of the former John Does from a few of the mass-defendant actions being taken to court now. I am sure more will follow. Copyright holders are getting frustrated at the large number of individuals who are pirating their copyrighted works, and frustrated by those who are refusing to settle. Copyright infringement is not being taken seriously, in other words - and that may change if more infringers are taken to court and made to pay the higher damages.
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yeah it says joe doe so that means they dont have my information yet? Also can i motion to squash the case? I am going to talk to a lawyer asap
also would they start to accuse me of downloading other videos and music or just the one they stated in the subpoena?
also would they start to accuse me of downloading other videos and music or just the one they stated in the subpoena?
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quincy
Senior Member
I am confused here, matt. What was the subpoena for?
Was it your ISP that notified you by email about an infringement action filed against you? Was the subpoena issued to your ISP for the release of your identifying information?
If this is the case, then you can file a motion to quash the subpoena, to protect your anonymity. How successful your motion will be can depend in large part on the court where the infringement action was filed.
Are you one of several John Does in the copyright infringement action? If yes, who is the plaintiff? In what state court was the infringement action filed?
As for your final question, the answer is "maybe." If you illegally downloaded several copyrighted movies, then you can be sued for these as well. But in a different action (or many different actions).
It would be in your best interests to see an IP attorney in your area very soon. And you may also want to review the threads mentioned in the "spoliation of evidence" post, for resources and information that may prove helpful.
Was it your ISP that notified you by email about an infringement action filed against you? Was the subpoena issued to your ISP for the release of your identifying information?
If this is the case, then you can file a motion to quash the subpoena, to protect your anonymity. How successful your motion will be can depend in large part on the court where the infringement action was filed.
Are you one of several John Does in the copyright infringement action? If yes, who is the plaintiff? In what state court was the infringement action filed?
As for your final question, the answer is "maybe." If you illegally downloaded several copyrighted movies, then you can be sued for these as well. But in a different action (or many different actions).
It would be in your best interests to see an IP attorney in your area very soon. And you may also want to review the threads mentioned in the "spoliation of evidence" post, for resources and information that may prove helpful.
yeah it was sent to my service provider and they sent it to me. I live in illinois and it was filed in northern district of cali . Also it says DOES 1-2590 as the defendant. It also says I am commanded to provide at the time, date and place set forth below the following docs, electronically store info, or objects and permit their inspection, coping, testing, or sampling of the material.
Can they hit me for every movie and music i download? I have tons of downloaded songs..
Can they hit me for every movie and music i download? I have tons of downloaded songs..
eerelations
Senior Member
Oh boy are you ever in serious doo-doo...
quincy
Senior Member
Okay, Matt. I am going to take a few guesses here.
I am guessing that what you received was a notice from your ISP advising you of a subpoena issued to and received by your ISP, and that it is your ISP that is required to respond to the subpoena by producing the documents, records, etc. that have been requested. These records would include your name, address, telephone number, email address, and any other identifying information your ISP has (your account information). Your ISP is notifying you of this subpoena so that you have the chance to respond by filing a motion with the Court to quash the subpoena, preventing the release of your identifying information.
I am also guessing that, with this subpoena, there is no personal court appearance required of you, and that at this point in time your computer is not the subject of a discovery demand and will not be inspected. BUT without seeing exactly what you received, it is impossible for me to tell this for sure.
Subpoenas were issued by the Court, more than likely, so that the Plaintiff (Patrick Collins, Inc) will be able to complete service of process on you and the other John Does in the case. Courts can authorize this early discovery if good cause is shown, if there is no other way to identify the defendant(s) in an action.
You really need an attorney, though, Matt, and you should locate one soon to help you. An attorney may advise that you file a motion to quash the subpoena along with filing a motion to dismiss you from the suit, based on a variety of grounds (your Illinois residence, for one). There are deadlines for filing these motions that must be met, however. You do not want to miss any important deadline if timely filing can get you dismissed from this suit. Dismissal from this California suit stands to be only a temporary reprieve for you, however, as another suit can be, and probably would be, filed against you later.
BUT again, as I said, these are GUESSES I am making based on the limited amount of information provided by you in these posts. You really need to have an attorney in your area review your situation and ALL of the facts. This personal review by an attorney in your area is necessary to determine your best course of action.
I agree with eerelations that you are not in an enviable position right now. This is liable to be a very costly lesson in copyright law for you.
I am guessing that what you received was a notice from your ISP advising you of a subpoena issued to and received by your ISP, and that it is your ISP that is required to respond to the subpoena by producing the documents, records, etc. that have been requested. These records would include your name, address, telephone number, email address, and any other identifying information your ISP has (your account information). Your ISP is notifying you of this subpoena so that you have the chance to respond by filing a motion with the Court to quash the subpoena, preventing the release of your identifying information.
I am also guessing that, with this subpoena, there is no personal court appearance required of you, and that at this point in time your computer is not the subject of a discovery demand and will not be inspected. BUT without seeing exactly what you received, it is impossible for me to tell this for sure.
Subpoenas were issued by the Court, more than likely, so that the Plaintiff (Patrick Collins, Inc) will be able to complete service of process on you and the other John Does in the case. Courts can authorize this early discovery if good cause is shown, if there is no other way to identify the defendant(s) in an action.
You really need an attorney, though, Matt, and you should locate one soon to help you. An attorney may advise that you file a motion to quash the subpoena along with filing a motion to dismiss you from the suit, based on a variety of grounds (your Illinois residence, for one). There are deadlines for filing these motions that must be met, however. You do not want to miss any important deadline if timely filing can get you dismissed from this suit. Dismissal from this California suit stands to be only a temporary reprieve for you, however, as another suit can be, and probably would be, filed against you later.
BUT again, as I said, these are GUESSES I am making based on the limited amount of information provided by you in these posts. You really need to have an attorney in your area review your situation and ALL of the facts. This personal review by an attorney in your area is necessary to determine your best course of action.
I agree with eerelations that you are not in an enviable position right now. This is liable to be a very costly lesson in copyright law for you.
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quincy
Senior Member
The Plaintiffs don't wind up taking to court 2,590 Does as a group.
The John Does in these copyright infringement lawsuits have, for the most part, no personal relationship with each other and they are often located in different parts of the country. A court would allow for the dismissal of, if not the suit itself, all or most of the defendants in the suit, based for example on personal jurisdiction and improper joinder grounds.
The infringement suit that you are apparently a part of is really just the start of the action, a pre-discovery action, where the Plaintiff is seeking the names and addresses of those they've tracked as infringers. Although you are one of the targets of the infringement action, the current legal action is not directed at you - it is directed at your ISP.
Once you and the other John Does are identified (if a motion to quash is not filed or is filed and denied), the Plaintiff will send settlement letters out to each of you personally, allowing you the chance to end the legal action by paying X amount of dollars. It may cost you as little as $200 to settle, but settlement figures in these infringement actions tend to fall somewhere in the $2000 to $5000 range.
Speak with an attorney in your area and this attorney can advise you best. Anything you say to your attorney about your illegal downloads is privileged (kept confidential).
Edit to add: I just saw your edit, Matt. I am getting confused again as to what exactly you received. I have no clue what this November 30 law office visit means or what you must do. An attorney in your area who can personally review everything for you is necessary and I advise that you see one soon. Good luck.
The John Does in these copyright infringement lawsuits have, for the most part, no personal relationship with each other and they are often located in different parts of the country. A court would allow for the dismissal of, if not the suit itself, all or most of the defendants in the suit, based for example on personal jurisdiction and improper joinder grounds.
The infringement suit that you are apparently a part of is really just the start of the action, a pre-discovery action, where the Plaintiff is seeking the names and addresses of those they've tracked as infringers. Although you are one of the targets of the infringement action, the current legal action is not directed at you - it is directed at your ISP.
Once you and the other John Does are identified (if a motion to quash is not filed or is filed and denied), the Plaintiff will send settlement letters out to each of you personally, allowing you the chance to end the legal action by paying X amount of dollars. It may cost you as little as $200 to settle, but settlement figures in these infringement actions tend to fall somewhere in the $2000 to $5000 range.
Speak with an attorney in your area and this attorney can advise you best. Anything you say to your attorney about your illegal downloads is privileged (kept confidential).
Edit to add: I just saw your edit, Matt. I am getting confused again as to what exactly you received. I have no clue what this November 30 law office visit means or what you must do. An attorney in your area who can personally review everything for you is necessary and I advise that you see one soon. Good luck.
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quincy
Senior Member
Whether to fight or settle is a decision you have to make for yourself. It is a decision best made after consultation with an attorney in your area who can review all of the facts specific to your situatiuon.
As for what the subpoena you received says, I would really have to see what exactly you received and I would have to know what you have received in the past in regard to this infringement action to tell you anything more. The best advice I can give you is for you to see an attorney in your area who is well-versed in these mass-defendant copyright infringement suits, and go from there.
Good luck, matt.
As for what the subpoena you received says, I would really have to see what exactly you received and I would have to know what you have received in the past in regard to this infringement action to tell you anything more. The best advice I can give you is for you to see an attorney in your area who is well-versed in these mass-defendant copyright infringement suits, and go from there.
Good luck, matt.
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