Vondran Legal® - Copyright Infringement Defense - Movie Piracy at Issue. Call us if you received a subpoena notice from your ISP Hawaii Telecom. Call (877) 276-5084.
Introduction
If you are reading this, it is likely you just received a subpoena notice from your ISP, or you received a demand letter from Plaintiff counsel to settle your matter. The process that got you here is Plaintiff copyright owners (see full list of Plaintiff's below) filed a DMCA subpoena in federal court in Hawaii seeking your name and address (of the subscriber to their internet services - this may or may not be the alleged infringer). Typically, Plaintiff counsel will then reach out seeking a settlement offer than can range from a thousand or more up up to several thousand.
What is a DMCA 17 U.S.C. §512(h) subpoena?
We have discussed the DMCA subpoena here. As alleged in the subpoena at issue in this case:
§512(h) provides the copyright owner with a mechanism to request a subpoena from this Court.
Particularly, §512(h)(1) provides:
(1) Request.— A copyright owner or a person authorized to act on the owner's behalf may request the clerk of any United States district court to issue a subpoena to a service provider for identification of an alleged infringer in accordance with this subsection.
§512(h)(2) provides:
(2) Contents of request.—The request may be made by filing with the clerk—
(A) a copy of a notification described in subsection (c)(3)(A);
(B) a proposed subpoena;
and
(C) a sworn declaration to the effect that the purpose for which the subpoena is sought is to obtain the identity of an alleged infringer and that such information will only be used for the purpose of protecting rights under this title.
512(h)(3) provides:
(3) Contents of subpoena.— The subpoena shall authorize and order the service provider receiving the notification and the subpoena to expeditiously disclose to the copyright owner or person authorized by the copyright owner information sufficient to identify the alleged infringer of the material described in the notification to the extent such information is available to the service provider.
§512(h)(4) provides:
(4) Basis for granting subpoena.— If the notification filed satisfies the provisions of subsection (c)(3)(A), the proposed subpoena is in proper form, and the accompanying declaration is properly executed, the clerk shall expeditiously issue and sign the proposed subpoena and return it to the requester for delivery to the service provider.
Attorney Steve® Note: The DMCA subpoena, if done properly, will allow the Plaintiff to identify various alleged infringers and pursue them for copyright infringement settlements. This is what is happening in this case. They are seeking the identity of various subscribers of Hawaiian Telcom, Inc.
Plaintiffs in support of the DMCA subpoena
Here is a list of the Plaintiffs who are represented by counsel, and seeking this downloader information.
- Capstone Studios Corp.
- Colleah Productions Limited
- Ralphie's Gym Membership, LLC
- Estate Movie Productions Inc.
- Maze Pictures Projects UG & Television Co. KG
- Sympathy FTD, LLC; Boy Kills World Rights, LLC
- Breathe Productions Inc.
- Hannibal Media, Inc.
- Cinestate Run Hide Fight, LLC; REP Productions 12, Ltd
- After Ever Happy Productions, Ltd.
- Voltage Holdings, LLC
What movies are at issue
Here is a snapshot of movies at issue
Contact Vondran Legal® Copyright Law Firm
Since 2004, Vondran Legal® is a clear leader in the handling of copyright infringement defense cases. Whether we are dealing with music, movies (ex. Strike 3 Holdings defense), film clips for YouTube and TikTok creators (DMCA disputes), computer fonts, fashion designs, mobile application disputes, photo infringement and so many other forms of copyright infringement, we have a strategy to assist and defend you. Contact us at (877) 276-5084 to discuss, or email us using the contact form on the right side of the page. In this niche area of intellectual property law there is no substitute for experience.
