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The motion to quash illusion of the ISP subpoena notice

Posted by Steve Vondran | Oct 10, 2024

Vondran Legal® - BitTorrent Defense of Strike Three Holdings.  FRCP Rule 45 Subpoena.  Call us at (877) 276-5084 if you received a subpoena notice with a deadline.

how to quash a subpoena

Introduction

Here is what you may typically see if you are the subscriber of an internet account being accused of illegally downloading and sharing (distributing) copyright registered adult movies.

Strike3 Comcast subpoena

As you can see, the notice makes the recipient believe they can quash the subpoena, and potentially end the case.  But, is this really possible?

Can you quash the subpoena?

The reality is that no federal courts I know of are currently willing to QUASH the Strike 3 Holdings subpoena.  They believe there is no other way S3 can determine if they can identify the infringer, so they allow them to get the subpoena and conduct their due diligence to see if they can identify and pursue the infringer.  The motion to quash, will thus likely NOT be available to stop the ISP from providing Strike3 with the name of the internet subscriber.  As this shows (always provided by the ISP to the subscriber), there are limited grounds in general to quash the subpoena.

FRCP Rule 45 Grounds to quash subpoena

These grounds have been tried, with no success.  So, while the ISP provides this notice, do not expect much to become of it.   Never say never, but this is the current state of things.

Contact Vondran IP litigation Defense Law

For Copyright defense of Strike 3 and Flava Works claims, call us at (877) 276-5084. We are a leading copyright infringement law firm in the United States.

About the Author

Steve Vondran

Thank you for viewing our blogs, videos and podcasts. As noted, all information on this website is Attorney Advertising. Decisions to hire an attorney should never be based on advertising alone. Any past results discussed herein do not guarantee or predict any future results. All blogs are written by Steve Vondran, Esq. unless otherwise indicated. Our firm handles a wide variety of intellectual property and entertainment law cases from music and video law, Youtube disputes, DMCA litigation, copyright infringement cases involving software licensing disputes (ex. BSA, SIIA, Siemens, Autodesk, Vero, CNC, VB Conversion and others), torrent internet file-sharing (Strike 3 and Malibu Media), California right of publicity, TV Signal Piracy, and many other types of IP, piracy, technology, and social media disputes. Call us at (877) 276-5084. AZ Bar Lic. #025911 CA. Bar Lic. #232337

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