Another important mention is that if your name gets inserted into the lawsuit then that may appear in online searches that are carried out during employment-related background searches, and that can hinder you from fetching a job in the future on having to explain why you had been a defendant in a movie piracy case. Generally, the copyright statute of limitations is three years and you may get a notice for infringement before the period expires.
Sometimes a movie company may wait to allow you many downloads so that the cases of infringement against you get racked up and then take legal action.
This is done to increase infringement damages and claim more penalty from you. A common defense is an unsecured Wi-Fi network where you can show that a third person, maybe your roommate, friend, family member, or a neighbour is responsible for the illegal download through the Wi-Fi.
But know that many ISP agreements may show that you could be held responsible for any activity from your account. It is an essential responsibility of a lawyer to represent you rightly and guide you well through the legal proceedings and carry out all paperwork. Do not waste tour valuable time, and find an expert in this niche to efficiently and effectively settle your case. Share on Facebook Tweet this Story. Online downloading and BitTorrent lawsuits is a quite complicated legal area. To some people, a settlement is a better option.
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You can hire an attorney to represent you to file a motion to quash right now. Be aware though that a number of these early motions to quash filed have failed. Before your information is released, most of what a lawyer could do is file a "motion to quash. Unfortunately, collecting those facts and making that determination is something we no longer have the resources for.
Motions to quash don't look at the actual facts of your case: whether or not you committed the infringement. Instead, they tell the court to look at whether the procedure of the suit was or wasn't proper. The first argument is "Personal Jurisdiction" that jurisdiction isn't proper and the second is "Improper Joinder" which is the too many does situation.
Both arguments tend to be seen by judges as premature at this stage. The cost to hire a lawyer to make this motion may be a few hundred dollars or more which, depending on the Plaintiff, could be close to the cost of settlement.
Therefore, you should think carefully before you spend your time and resources to file a motion to quash. A list of attorneys that may be able to assist you is here. This may only be successful on rare occasions when you are both innocent and have extraordinary factual circumstances in your favor.
You can settle on your own before or after you receive your letter asking for settlement. Plaintiffs may engage in settlement talks with you before or after they receive your name from a subpoena.
You should know that any settlement amount demand can be negotiated. Some plaintiffs will settle for a lower amount if the settlement takes place earlier in the proceeding. Some will simply tell you to wait for the letter that will arrive in the mail or email. If you do contact a Plaintiff before your name is released, you will want to protect your anonymity as best as possible. This means avoiding using your common email address. Please read this whole guide because, as you will see, contacting the plaintiff on your own without specific legal advice about your specific situation creates a possibility of making your situation much worse.
You can hire a lawyer to help you get the claims released or settle. While a lawyer may be useful in obtaining optimal results, you do not need to hire a lawyer to ask for the claims to be dropped or negotiate a settlement on your behalf before your are a named Plaintiff.
Again, here is a list of lawyers that may be able to help you. The claims in these letters may be slightly exaggerated for effect. That said, it is true that copyright lawsuits can be expensive for both damages and attorneys fees. Even if you did not upload or download the file that you have been accused of, you should take the allegations seriously and make an informed decision about how to proceed.
This means it may be helpful for an innocent defendant to reach out, or preferably have a lawyer reach out early to the Plaintiff to ask for dismissal, especially if you have specific facts that can prove clearly that you were not involved in the illegal filesharing activity.
Lawsuits can demand a great deal of time and money to defend yourself, so making an informed choice early on is a good idea. The U. Copyright Group is not a government organization. One of the major Plaintiffs that files these suits is Dunlap, Grubb, Weaver. This law firm works under the name the U. Copyright Group. Many people might assume that the U. Copyright Group is some kind of government organization. This assumption is incorrect. Copyright Group is merely a private law firm acting under an alias that makes it sound more marketable to its movie studio clients and more threatening to the consumers who are their targets.
These letters typically do not involve any criminal trouble. In the U. Although there are some extremely limited circumstances that copyright infringement could become a criminal matter, again these circumstances almost certainly do not apply when the plaintiff is a private entity like a company.
It is unlikely that the criminal provisions of the copyright law can be implicated in this case such that you will go to jail, get a criminal record, or be threatened by police at any point in this process. The letter will likely request that you pay some amount between this range to settle immediately.
Keep in mind that the firm also has a stake in settling quickly so don't think the quote they provide is always set in stone. Below are merely general principles to be aware of.
It may be best to avoid sharing any details with the Plaintiff without first discussing the specific facts of your case with legal counsel. Although open communication may sometimes help your case, more often than not it may hurt your case to discuss details with the Plaintiffs. Only a competent lawyer will know which facts can help or hurt your case.
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