Attorney Steve® BitTorrent Litigation Essentials - DENIAL OF ILLEGAL FILE SHARING
Here is a question I receive from time to time in my practice as a Torrent Defense Attorney. "I did not download their damn movies, why are they suing me and what can I do about it. I don't have the money to fight a lawsuit, nor should I have to."
Well, there are potential options to try to get the case resolved early if you are sued, for example, in the Northern or Central District of California (or other federal court) and need to find a way to get the case resolved without paying a penalty or large settlement which can often reach into high five figures (ex. 15k-30k or more).
Their main copyright attorney from the Bandlow Law Firm has told me many times "we do not seek to pursue a federal court lawsuit against innocent parties". Sometimes, we have to insist they keep their word on this. Not all cases are 100% true and accurate, and yes, innocent people can get entangled in federal court copyright infringement litigation.
Options to respond
If you are innocent of internet file sharing of movies from companies like Strike 3 Holdings, LLC (Tushy, Vixen, Blacked) and are willing to submit to procedures to try to prove that, you may be able to extricate yourself from expensive and costly litigation. Here are the current recognized possible procedures. Note that this is NOT going to be available in every case, especially where their IP firm has extensive and solid evidence of infringement in the PCAP evidence. But here is one possibility:
1. Are you willing to provide your computers, laptops and servers and other devices that can download videos through BitTorrent and allow those to be forensically examined?
2. Are you willing to submit to a short (1-2 hour deposition), which could be by Zoom, Skype, or other electronic service?
If you can HONESTLY answer YES to BOTH of these questions, then perhaps you can retain us to assist you as legal counsel going down that road.
What about filing an Answer or Motion to Dismiss?
Yes, it can be possible to file a motion to dismiss the (amended) complaint, especially in the 9th circuit where Plaintiff cannot meet the "Cobbler Nevada Standard" of showing additional evidence that makes a SUBSCRIBER also the COPYRIGHT INFRINGER.
Contact us for more information at (877) 276-5084 or email us through our contact form if you have been served a subpoena notice from your ISP such as Comcast, Frontiers, Yama, Verizon, Cox, Spectrum (Charter) or other ISP's. There are strict deadlines to respond, so seeking legal advice PROMPTLY is very important.