Do I need a legal consult at this time? Should I simply wait it out and see what happens? This sounds like a demand prior even to a motion for discovery for Elegant Angel a. Contact with these types of plaintiffs has led to defendants having words turned against them, though they may be innocent.
There are some information sites for John Does who are the targets of these types of allegations. They include:. Educating yourself about these issues is important even when getting professional guidance. Unfortunately, the bad intent of the trolling schemes requires some work to get the picture.
I noticed you are not at present listed on the EFF subpoena defense resources page. If it is helpful to have more clients in these type of cases, many Does look at that list early in their search for help. Hall, I have put together two posts over at fightcopyrighttrolls. Clair county. This blog is getting pounded with Does who are looking for news, views and representation regarding this matter. Please feel free to drop by and comment.
Is it safe to wait it out, or to take action? In general, receiving a cease and desist letter is an important event, so you should retain an attorney to advise you on your legal rights and options.
Going off what Andrew mentioned before, I also received a message from mark telling me I owe a certain amount also, and I in no way distributed anything. Same advice to consult my attorney on this matter? Thank you. Failure to respond could result in serious legal consequences, so I do recommend you consult with an attorney. Hi, I just was sent an email from Mark Borghese. I am not going to deny that I had the material up for access through a filesharing program that allows access to members that you allow access to and which was set to access more folders that I should have had it set for, but I am not in a position where I can afford that kind of money since I do not have a job right now.
What should I do? As you know, like any legal violation, you should not ignore it. I did have roommates at the time. Also I have proof that I was not present at my house when this occurred.
What can I do? The following article was on CNN today. I received a notice on an instance of copyright infringement by my ISP, so I went to check it out only to find there were 5 notices 4 of them were for the same title. I did download both titles, but never distributed or made any copies of the material. Settlement options have been given to me, and I am considering them. What advice can you give pertaining to the 4 four notices for the same title?
Not only have I never downloaded any movie, the IP address stated is not mine. I do have a wireless router with only my wife and I living at our home.
Does the non-matching IP address suggest that I should just wait and see if they sue? Generally, the holder of the protected material will file a suit against hundreds, or even thousands, of defendants at once. This process, although controversial, has found support by some within the legal community.
Since you have already received warning letters, we would suggest you contact an experienced internet copyright attorney immediately. They claim that I subscribed to an internet service that provides access codes to electronically enable a satellite receiver to receive their copyrighted TV channels.
In order for Dishnet to prevail at court, do they have to show proof that I owned a satellite receiver and actually used the access codes for their intended purpose? Can anyone give an update on a Borghese case? I recieves a comast letter from Voltage Pictures, Inc. What are the negatives of this move? And if the matter lies in being sued!
How bad will the sue be? I leave my wifi access totally unsecured. Same goes for my car, I leave the keys in it while it is parked in the front of my residence. I am at liberty to live how i wish. Why should I allow myself this paranoid view of the world e. Or, that my residence is a prison cell and should be locked down. That includes files available by torrent or otherwise.
And also while there more than likely are trolls on these sites, could entrapment be used as a good defense as well? I suppose downloading the material through torrent download would still be illegal? Can they search my computer looking for something illegal? Has this ever happened? My router was not secure and anyone in the area could have used my connection as a hot spot for downloading.
I appreciate your site with the information, just wanted to help out a little. Is posting songs of your favorite artists on the internet, i. Myspace, considered copyright infringement? How about mashups or tweeking an artists song with your own music not selling, distributing or reproducing it? I have a VHS copy of a movie that I like to watch. If I copy a digital copy to see on my ipad, I fail to see how this is copyright infringement… or is it?
When a person buys a copy of a movie, they do not own the movie, but instead the right to view the movie: a license. Would the license I have purchased be valid on whatever medium I need to view it?
Getting mad at me for seeing a DVD when I have the movie on a VHS seems like a violation of my license agreement with the movie production company… likewise if I download a copy to see on my ipad is the same case since I can not insert the VHS tape into the ipad..
Stan, the short answer is you cannot make a copy nothing whatsoever without permission. Many licenses permit some copying. What if you pay a fee for three years unlimited, I had the receipt and everything, now I am being monitored on my cell phone and my parents internet….
Sometimes, it is better to settle before the copyright holder files suit. In other situations, you might want to wait for the case to develop. Negotiate with the copyright holder's lawyers. If you decide you'd like to settle, then you should reach out to the attorney who sent the demand letter. Each negotiation is different. Generally, the lawyer will probably negotiate through letters. Don't feel like you need to accept the copyright holder's first offer.
Claim that you are completely innocent and this is all they will get in a lawsuit. You can then negotiate back and forth. Get a release. In other words, you get the release in exchange for paying the settlement amount. Even if you negotiated on your own, you should have your lawyer look over the agreement so that you are protecting your rights. Part 3. Refuse to respond to the lawsuit.
One strategy is not to respond to the lawsuit. If you are arrested for criminal piracy, then you don't have that option. However, if you are sued civilly for illegal file-sharing, then you have the option of not responding. Talk with your lawyer about the consequences. The amount can vary. File a motion to quash the subpoena. Your lawyer might decide that it is better to challenge the subpoena that the copyright holder issued your ISP. The purpose of the subpoena is to find out your name.
You could argue that the subpoena is defective in some way, or that your information is protected by confidentiality laws. Motions to quash often fail. However, they are very fact-specific, and only your lawyer can tell you whether a motion to quash is worthwhile in your case. If you file the motion yourself, then you're identifying yourself to the plaintiff, which defeats the whole purpose of fighting the subpoena in the first place.
Draft a motion to dismiss. This motion asks the judge to dismiss the lawsuit for some reason. Typically, you can bring a motion to dismiss for the following: [21] X Research source The plaintiff sued in the wrong court. For example, you may live in Michigan. However, the copyright holder sues you in California. The copyright holder then will probably have to file suit in Michigan. If this is too much of a hassle, then you can effectively win the case. The plaintiff didn't serve the lawsuit properly.
There are specific methods for properly notifying you of the lawsuit. If the plaintiff didn't follow them, you can have the case dismissed. The plaintiff hasn't made out a valid claim. Copyright infringement complaints can't be based on vague allegations or conclusory statements.
If the plaintiff didn't allege specific and particular acts, then your lawyer might get the case dismissed. A copyright holder must bring a lawsuit within three years. Respond to the lawsuit. You might also answer the lawsuit. This means that you respond to each allegation made in the complaint, admitting or denying each allegation. Your lawyer may advise that you fight the lawsuit, especially if you are innocent. In order to win, the plaintiff must show that it is more likely than not that you downloaded the files.
You should talk to your lawyer about how long the lawsuit can take. Many people find discovery very invasive, so you don't want to agree to fight the lawsuit unless you fully understand all that a defense entails. Take part in discovery. Soon after your answer is filed, litigation will enter a pretrial stage called discovery. During discovery, you will be able to collect facts, interview witnesses, learn what the other side is going to say at trial, and see how good your case is.
In order to conduct discovery, you will be able to use the following tools: [26] X Research source Depositions, which are in person interviews with parties or witnesses. These interviews are conducted under oath and answers can be used in court.
Interrogatories, which are written questions posed to parties or witnesses. These questions must be answered under oath and they can be used in court. Requests for documents, which are formal requests asking the plaintiff to hand over documents relevant to the case. This is your opportunity to ask for employee manuals, terms and conditions, emails, and text messages.
Requests for admissions, which are written statements the plaintiff will be required to admit or deny. These admissions help both parties focus on what is truly at issue in your case. File a motion for summary judgment. When discovery concludes, assess the strength of your case and think about trying to end the litigation before trial. If you have a strong case, you should file a motion for summary judgment which, if successful, would end the litigation immediately and provide a ruling in your favor.
To be successful, your motion must persuade the judge that there are no genuine issues of material fact and that you are entitled to judgment as a matter of law.
In other words, you will have to prove that, even if every factual assumption was made in plaintiff's favor, they would still lose the case.
Your motion should be accompanied by evidence and affidavits to back up your claims. The plaintiff will try to defeat your motion by filing one of their own. Their motion will try to persuade the judge that facts are in dispute and should be resolved at trial. Attempt to settle. If your motion for summary judgment is unsuccessful, you might want to settle your case.
In general, going to trial is expensive and time consuming. Most plaintiffs and defendants will try to settle at this stage to avoid the burden of trial. Start by having informal discussions with the plaintiff. Sit down with them in a conference room and hash out your differences. If informal discussions do not succeed, offer to take part in mediation. During mediation, a neutral third party will sit down with both parties and discuss common ground and unique solutions.
The mediator will not take sides and will not offer their own opinions. If mediation stalls, try non-binding arbitration. During arbitration, a judge-like third party will listen to each party present evidence. After the presentations, the judge will draft an opinion, which will lay out who has the stronger case, who they think would win, and what possible damages could be.
You and the plaintiff may either choose to follow the arbitrator's opinion or you may reject it. Go to trial. If no settlement is reached, you will go to trial. At trial, the plaintiff will present their evidence first. They will be responsible for proving, by a preponderance of the evidence, that you illegally downloaded copyrighted material.
After each of the plaintiff's witnesses is questioned by the plaintiff, you will have an opportunity to cross-examine them. During cross-examination, you will try to poke holes in the witness's testimony. Once the plaintiff rests, you will have your chance to present evidence.
Your evidence, in the form of witnesses testimony and physical evidence, will need to poke holes in the plaintiff's case and try to show that you did not do anything against the law. Once all of the evidence has been heard, the judge or jury will deliberate and come to a decision. If you successfully defend yourself, you will not be liable to the plaintiff and you will not have to pay any damages. New Media Rights offers assistance here.
But they are protected by trademark. Trademark law concerns itself more with marketing, branding, and business practices, and is concerned with avoiding confusing consumers as to the source of a product or service. Even if you do not call your game the exact same thing as another video game, you can still be found in violation if your game has a confusingly similar title. So if you are creating a competing game that shares some similarities with another game, you will often want to avoid using a confusingly similar name for your game to avoid a trademark violation.
A similar issue arises out of meta-tagging. Are game controllers and consoles copyrightable? These are considered functional elements of a game, so they are generally not copyrightable. Copyright does not protect useful products.
If you come up with a unique system or device, it is possible seek patent protection. Patents protect inventions and processes that are nonobvious, useful and new. It is strongly recommended that you get a patent attorney to file this for you: it is a very complicated area of the law and a mistake could cost you the protection.
You should seek assistance ASAP! You can make money by either charging people directly or using advertisements. Be aware that monetizing your product may have a negative effect on any fair use claim you believe you have.
Remember to carefully read the Terms of Service of the ad service you choose to go with. The DMCA provides a shield from liability to online service providers OSPs , which covers a broad variety of services from your internet access provider to app stores like the Android Market and Iphone app store that host video games.
If you are suspected of copyright infringement, you may receive a take-down notice via the DMCA. You can respond with a counter-notification to have your content restored; however, while that will restore the content, you agree that the copyright owner can bring you to court.
So while a counternotice can be a good tool to restore your content, you want to make sure you you are careful in considering whether and how to respond to a DMCA takedown notice, and it would be wise to seek legal counsel. Value legal services for indie game creators? Support them. What's the best way to avoid legal problems for your business or creative work? Read our book! Paperback Ebook Audiobook. Ever wonder when you can reuse music, photo, or film clips from other sources?
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