BitTorrent Subpoena & Lawsuit Defense

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F.A.Q.

Reddit user /u/beardfearer may fear beards, but not copyright notices

Frequently Asked Questions

Bittorrent File-Sharing Lawsuits

Question: I’ve received a notice from my Internet Service Provider (ISP) that says I’m being sued for copyright infringement. How is this possible? Is this legitimate?

Answer: Typically a plaintiff hires an investigator to monitor bittorrent activity and identify IP addresses that are contributing to the downloading and sharing of the plaintiff’s copyrighted material. The plaintiff can use the IP address to identify an internet service provider and, with permission of the court, subpoena the identity of the account holder so they can notify the defendant that they are being sued. These lawsuits are real and have legal and monetary consequences. As with any lawsuit, it is important to have an effective defense.

 

Question: My notice says my identity is being subpoenaed. Does my ISP have to provide my identity? Is there a way to prevent the plaintiff from finding out who I am?

Answer: ISPs are routinely required to reveal an account holder’s identity to the plaintiff. However, there are ways to fight your case anonymously. When you contact us, we can discuss what would be appropriate in your situation and how to proceed.

 

Question: I’m being accused of downloading movies but I didn’t do it. Do I still need a lawyer? Can’t I just tell them I didn’t do it?

Answer: Plaintiffs in these types of cases are notoriously aggressive. The person who allegedly committed the infringement may not be you or the account holder. However, the plaintiff only has an IP address and routinely refuses to accept pleas of innocence. Instead, they often require a defendant to Answer the Complaint in Court, hoping that the process of filing an adequate response and submitting sufficient evidence in Federal court is intimidating enough to motivate settlement.

We can inform you of reasonable measures to demonstrate your innocence, negotiate with the Plaintiffs, and guide you through an effective defense.

 

Question: Can I just ignore this? If I don’t give them any evidence, they can’t prove their case against me, right?

Answer: In civil court, when a defendant doesn’t respond to a lawsuit, the plaintiff can ask for default judgement. Simply put, the plaintiff’s allegations will be assumed to be true and damages will be calculated based on that. When the plaintiff alleges multiple infringements, the default judgement can easily reach into thousands of dollars. This is why it’s important to be active in your defense and prevent the case from defaulting.

 

Question: There is no way I can afford the settlement amount they are proposing. What can I do?

Answer: We have defended hundreds of cases and represented a spectrum of clients from many different situations. While each situation is unique, Mr. French will be able to counsel you on how we would handle yours. Please advise us of the financial situation during your first contact with us and we will make sure to address all of your questions.

 

Question: I still have a lot of questions. Do you answer questions by phone or email?

Yes! We offer free consultations. We think this best allows you to get an idea of what to expect and determine if we’re the right firm for you. You can email us at ljfrench@torrentdefense.com or call us toll free at (888) 801-8681. Please leave your contact information and availability. We know people aren’t always available 9-5 and can return calls after hours if required.

 

I have years of experience defending file-sharing lawsuits and can help you achieve the best outcome possible. I have defeated several copyright plaintiffs in lawsuits around the U.S.; I also fought Malibu Media in their first trial. I’ve represented over 600 defendants in both settling and litigating file-sharing lawsuits. I’ve written a subpoena defense guide for your information, as well.

I look forward to speaking with you and helping you put this matter behind you. Please don’t hesitate to call. 888.801.8681.

Yours,
Leonard French