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recieved subpoena
- Thread starter matt314
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quincy
Senior Member
Some answers were provided to joedinkle in a private message.
It is important for anyone receiving a summons and complaint (and not just a notice that their ISP has been subpoenaed) to ANSWER THE COMPLAINT. What (some) copyright holders are doing is suing individual John Does now in their home states and hoping for a settlement agreement at that time, or a default. Damages can be awarded if a Doe defaults - and this has happened (with damages awarded of $10,000 - significantly more than the settlement amounts offered).
Do not miss any court dates. I strongly advise that you speak with an attorney if you are served with a copyright infringement complaint.
It is important for anyone receiving a summons and complaint (and not just a notice that their ISP has been subpoenaed) to ANSWER THE COMPLAINT. What (some) copyright holders are doing is suing individual John Does now in their home states and hoping for a settlement agreement at that time, or a default. Damages can be awarded if a Doe defaults - and this has happened (with damages awarded of $10,000 - significantly more than the settlement amounts offered).
Do not miss any court dates. I strongly advise that you speak with an attorney if you are served with a copyright infringement complaint.
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quincy
Senior Member
Well, it's not Virginia, which is where you said you lived.
The US District Court in Northern Georgia covers 46 counties, with four divisions. Patrick Collins v Does 1-35 is in Georgia's Northern District Court. The Patrick Collins v Does 2590 was filed in California's Northern District Court.
There are several Patrick Collins copyright infringement suits that have been filed in several different courts in several different states (California, Georgia, Ohio, Texas, New York, Colorado....). Some of these have been filed against single John Does, some have been filed against a small number of Does revealed by the ISP account information to reside in a certain state, and many are off-shoots of the mass-defendant pre-discovery suits where ISP subpoenas were sought.
What you really should do is speak with an attorney about what the wisest course of action is for you to take based on the facts particular to you. A motion to quash the subpoena is always a possible action to take if you wish to remain anonymous and this motion may be granted (or denied) by a court based largely on the content of your motion, and you can always file a motion to dismiss you from the action entirely, which may be granted by a court based on the facts presented. You can also have your identifying information released by your ISP and wait to be sent a settlement demand or wait to be sued in your home court. All are options.
If you are served, however, with a summons and a complaint, your only wise option is to answer the complaint within the time allowed. A complaint is not something you can ignore.
Again, joedinkle, review what was provided to you in the private message. It says what I said above but gives you resources and a closer look at similar cases heard.
The US District Court in Northern Georgia covers 46 counties, with four divisions. Patrick Collins v Does 1-35 is in Georgia's Northern District Court. The Patrick Collins v Does 2590 was filed in California's Northern District Court.
There are several Patrick Collins copyright infringement suits that have been filed in several different courts in several different states (California, Georgia, Ohio, Texas, New York, Colorado....). Some of these have been filed against single John Does, some have been filed against a small number of Does revealed by the ISP account information to reside in a certain state, and many are off-shoots of the mass-defendant pre-discovery suits where ISP subpoenas were sought.
What you really should do is speak with an attorney about what the wisest course of action is for you to take based on the facts particular to you. A motion to quash the subpoena is always a possible action to take if you wish to remain anonymous and this motion may be granted (or denied) by a court based largely on the content of your motion, and you can always file a motion to dismiss you from the action entirely, which may be granted by a court based on the facts presented. You can also have your identifying information released by your ISP and wait to be sent a settlement demand or wait to be sued in your home court. All are options.
If you are served, however, with a summons and a complaint, your only wise option is to answer the complaint within the time allowed. A complaint is not something you can ignore.
Again, joedinkle, review what was provided to you in the private message. It says what I said above but gives you resources and a closer look at similar cases heard.
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