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Copyright infringement by Comcast

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tianalight

New member
What is the name of your state? Utah

I got a letter today from Comcast stating there is a copyright infringement lawsuit by Hunter Killer Productions, Inc., and that my IP address was shown in the lawsuit. From what I have read, it has something to do with the app Showbox. Hunter Killer is apparently a movie that has been illegally downloaded on Showbox. No one in my house has Showbox, nor has downloaded that movie in any way. Comcast legal department was of no help and basically read off the letter they already sent. I'm not sure what to do. My options are do nothing and wait or file a protective motion to quash or vacate the subpoena. I cannot find that form anywhere on the US District Court of Utah's website. Any advice would be great.
 


Taxing Matters

Overtaxed Member
There isn't a form for that for the federal courts. If you want to file the motion you need to draft it up from scratch yourself. I recommend that you see an attorney familiar with civil litigation in federal court if you want to file motion. The first question though is whether you even really want to try to quash the subpoena. That involves two considerations. First, what is the downside to not trying to quash it. And second, do you have any grounds to get it quashed. You don't want to spend the money and effort to quash it if it won't succeed or if there is no benefit to you in doing it.
 
They have no way to prove that its you. You have WIFI right? Well most people have no wifi password, or a factory default password that is easy to guess. Something like Password or admin.

Hackers can gain access to your wifi and use VPN to piggyback off that connection. It could have come from anywhere in the world. Make them prove it did not. They you to prove you are guilty, you don't have to prove your innocent. We do not have an office of extortionate.

You are a victim of a hacker using your IP address.

Put the burden on proof on then. Innocent until proven guilty. Make them spend million to try to get you.

File motion to squash and other motions to hinder anything they are doing. These are shakedown trolls just fishing for money.

Instead of using fishing nets, they are throwing shot in the dark letters hoping someone will pay them money.

How do I know all this? Its because I have been on the side suing individuals and they have done this to me and gotten away with it. The guy was going after was an attorney and he knew all the tricks.

Comcast is a horrible company for not protecting their customer's privacy.
 
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PayrollHRGuy

Senior Member
Google "Hunter Killer Productions" there is quite a bit of information about the suits surrounding this film.

Comcast is a horrible company for not protecting their customer's privacy.
Comcast nor the other cable companies involved really have little choice in the matter.
 
Google "Hunter Killer Productions" there is quite a bit of information about the suits surrounding this film.



Comcast nor the other cable companies involved really have little choice in the matter.
Have you ever tried to send a subpoena to Google to get someone's emails?

Even with a court order, they will not give that up.

Heck, even if its your own account and you forgot your password or they decide to lock you out of your account even with the password. Its almost if not impossible to get that password. Its easier just to make a new account than try to get information from them.

Comcast will serve you up on a silver platter to these trolls.
 

PayrollHRGuy

Senior Member
Have you ever tried to send a subpoena to Google to get someone's emails?

Even with a court order, they will not give that up.

Heck, even if its your own account and you forgot your password or they decide to lock you out of your account even with the password. Its almost if not impossible to get that password. Its easier just to make a new account than try to get information from them.

Comcast will serve you up on a silver platter to these trolls.
No, and I'd bet you haven't either. Because I have little doubt they would roll.

That said, under the DMCA the cable provider would open themselves up to taking the hit for the violation if they don't give up the name attached to the IP address.
 

quincy

Senior Member
What is the name of your state? Utah

I got a letter today from Comcast stating there is a copyright infringement lawsuit by Hunter Killer Productions, Inc., and that my IP address was shown in the lawsuit. From what I have read, it has something to do with the app Showbox. Hunter Killer is apparently a movie that has been illegally downloaded on Showbox. No one in my house has Showbox, nor has downloaded that movie in any way. Comcast legal department was of no help and basically read off the letter they already sent. I'm not sure what to do. My options are do nothing and wait or file a protective motion to quash or vacate the subpoena. I cannot find that form anywhere on the US District Court of Utah's website. Any advice would be great.
Where was the suit filed?

There can be good reasons for quashing the subpoena issued on your ISP and/or to move for dismissal, but you have a limited amount of time to respond to Comcast before they must release your account information. Comcast must comply with the subpoena or be in contempt of court.

There has been a lot of discussion on this forum in the past on copyright infringement lawsuits filed against those who have been tracked to illegal downloads of movies. Discussed has been what you should do if you are a named, or a "John Doe," defendant in such a suit.

I will add to this thread later with some old threads with content you might find helpful - but you should not delay in seeing an IP attorney in your area.
 
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quincy

Senior Member
Here are some links to other threads from posters who have faced what you are facing now. The first link is to the older thread that you originally posted to.






If you use the forum's search feature (the magnifying glass icon in the upper right corner) and enter "West Coast Productions" into the search box, you will find several other threads on the same topic.

Could you please answer my earlier question about where (in what state) the legal action was filed?

Could you tell me (if you know) what sort of subpoena Comcast received (e.g., was it a DMCA subpoena)?
 
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Yes, they will, if it’s done properly.
I call BS on that one. The Florida Supreme court even had a court order to get emails from Google and they refuse to provide them. If the supreme court of the state can't get the emails, what hope do you have?

There are special rules in place for emails which go above and beyond normal information that you can get with a subpoena.

I think its called " the Stored Communications Act " or something.
 

quincy

Senior Member
I call BS on that one. The Florida Supreme court even had a court order to get emails from Google and they refuse to provide them. If the supreme court of the state can't get the emails, what hope do you have?

There are special rules in place for emails which go above and beyond normal information that you can get with a subpoena.

I think its called " the Stored Communications Act " or something.
What you are writing is not quite correct.

Here is information from Google on how to serve subpoenas for civil actions:

Here is information from Google on how to serve subpoenas for criminal actions:

And here is a link to 18 USC Chapter 121:

To be successful with service of a subpoena on Google (or any individual or entity), you need to know how to do it properly. You also need to know when a warrant is necessary.
 
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What you are writing is not quite correct.

Here is information from Google on how to serve subpoenas for civil actions:

Here is information from Google on how to serve subpoenas for criminal actions:

And here is a link to 18 USC Chapter 121:

To be successful with service of a subpoena on Google (or any individual or entity), you need to know how to do it properly. You also need to know when a warrant is necessary.

You can subpoena like contracts a company had with google for like web hosting services and other services.

However to get someone's actual emails is another story.

I asked my lawyer if we can get the opposing side email and he said that we could not because of the Stored Communications Act.
 
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quincy

Senior Member
You can subpoena like contracts a company had with google for like web hosting services and other services.

However to get someone's actual emails is another story.

I asked my lawyer if we can get the opposing side email and he said that we could not because of the Stored Communications Act.
Savage Dragon, you published a link to a "knowledge management firm" and it is being reviewed by the moderator.

If you trust your lawyer, rely on his legal knowledge to assist you with your case. No one on a forum has access to the facts your own lawyer has.

Discovery (and prediscovery as is being discussed here) cannot be used to "fish" for information to create a case. You must have reason for your request for the production of documents sought in a subpoena.

The original poster of this thread - tianalight - is not speaking of a subpoena served on Google for the release of emails. S/he is instead speaking of a subpoena served on Comcast for release of account information so a legal action can proceed against a named defendant.

If you would like to add to your own thread, Savage Dragon, you can do that. But please do not divert attention away from the concerns of the original poster. Thanks.
 

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