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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
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Responding to a Copyright Infringement Notice from Your ISP

John Wilson • May 27, 2024

How to Respond to a Copyright Infringement Notice from Your ISP: A Step-by-Step Guide

If you’re reading this, it’s likely that you’ve received a copyright infringement notice from your ISP. This strongly indicates that a copyright holder, who is fervently pursuing you for allegedly infringing copyrighted material like movies, music, and sometimes adult films, has identified your IP address. Certain copyright holders often use BitTorrent to track and sue individual downloaders, targeting them based on their location and perceived financial capacity. Their attorneys file numerous lawsuits against anonymous defendants using a standardized set of copyright infringement claims to minimize expenses. As a result, each accused downloader is involuntarily pulled into an expensive "John Doe" copyright infringement lawsuit. With limited information and the potential for a complex Federal Copyright lawsuit, alleged infringers like you face difficult choices: ignore the suit and risk public exposure, pay a settlement for one or more infringed titles, or hope to defend and win against alleged infringement claims in federal court.


What you may or may not have known is that your ISP monitors all your online activities. Even your best efforts to hide online activity behind a VPN are not always successful. They can track the websites you visit, the times you access them, how long you stay on each site, and each item downloaded. Additionally, your ISP or VPN provider can observe your download activities, including any peer-to-peer services (like torrenting), and link this activity directly to your IP address. While private initially, all this information is stored by the ISP or VPN and potentially accessible via a Federal or State court subpoena from an aggrieved party.


Companies Known for Sending ISP Subpoenas


When dealing with ISP subpoenas related to copyright infringement, certain companies are known for frequently sending these legal requests. If your ISP has been subpoenaed by one or more of these entities, it's in your best interest to seek legal counsel immediately. Here are some of the most active companies in the United States:


Strike 3 Holdings, LLC:

This company is well-known for targeting individuals who download and distribute adult films via BitTorrent. They have developed an infringement detection system called VXN Scan to track and identify IP addresses involved in these activities​.  VXN conducts scans on torrents, examining suspected files in their entirety. Plaintiff's staff reviews these files and compares them to Plaintiff's copyrighted works. If a file is found to be copyrighted, VXN then employs Info Hash values to redownload the data fragments, documenting the IP addresses associated with the origin of these fragments. In other words, the IP addresses issued by the ISP and linked to users distributing identical copies of the reviewed file are recorded.  See Strike 3 Holdings v. Doe.


Malibu Media, LLC:

Similar to Strike 3, Malibu Media often targets BitTorrent users who download and share pornographic films. They have filed numerous lawsuits against "John Doe" defendants, leveraging the anonymity of BitTorrent to track down infringers through their ISPs​. See Malibu Media v. Doe.


Recording Industry Association of America (RIAA):

The RIAA is a major player in enforcing copyright for music. They frequently send infringement notices through ISPs to individuals involved in downloading and sharing copyrighted music without authorization​. See Arista Records v. Doe 3.


Fallen Productions, Inc.:

Known for suing individuals who download movies via BitTorrent, such as "Angel Has Fallen." They are often referred to as "copyright trolls" due to their strategy of seeking settlements from alleged infringers rather than pursuing lengthy court battles.


These companies and their legal representatives typically follow a well-known and exploited pattern: they identify IP addresses involved in copyright infringement through online detectives or agents, subpoena ISPs to obtain subscriber information, and then send demand letters or file lawsuits against the account holders. Subpoena-based lawsuits from ISPs often result in a request for additional settlements for other movies downloaded via BitTorrent using your accused IP address on different dates than that in the original demand letter. If you receive such a notice, it is crucial to consult with a legal expert to understand your options and protect your rights. Prompt action may very well limit your damages for other downloaded content!

The ISP's Subpoena Compliance Process


Initial Notification to ISP Account Holder

Upon receiving a subpoena, your ISP will typically notify you, the account holder, that your subscriber information (e.g., name, address, phone number, etc.) associated with the IP address assigned to you by the provider has been requested as part of a legal investigation into copyright infringement. This notification will outline the details of the subpoena and inform you of your rights and options, including the possibility of filing a motion to quash. You remain unknown or a "John Doe" to the plaintiff until such time as your ISP releases your subscriber information. Types of information requested by the ISP subpoena can include the following:


Documents and Information Requested by an ISP Subpoena:

  • Subscriber Information:
  • Name of the account holder.
  • Current and any former addresses associated with the account.
  • Telephone numbers associated with the account.
  • Email addresses associated with the account.
  • Account number and any related account numbers.
  • Connection Records:
  • Dates and times of all connections made by the subscriber using the specified IP address.
  • Billing Records:
  • Records showing all payments made for the account, including payment dates and methods.


30-Day Response Period for You to Defend Yourself

Generally, ISPs provide their account holders with a 30-day period to respond before they comply with the plaintiff's demand to subpoena ISP records. This timeframe allows you the opportunity to take legal action if you choose to contest the subpoena. It is crucial to use this period wisely to consult with a legal professional who specializes in intellectual property and copyright law.  You will not get an extension of time, and there are no second changes at this stage. You must act to protect your legal rights.


What Motions to File to Prevent an ISP from Releasing Your Information

If you decide to file a motion to quash, this legal motion must present a compelling reason why the subpoena should not be enforced. Common grounds for filing such a motion include arguments related to privacy, improper procedures, or other legal defenses. However, as previously discussed, simply not wanting your information released is not sufficient grounds. You will need to demonstrate a substantial and valid reason to the court.  Along with the Motion to Quash, it is always recommended to seek a confidentiality request (e.g. Motion to Proceed Anonymously) asking that you be allowed to proceed anonymously, and that Plaintiff be prohibited from making your identity known if and when your ISP information is released.


ISP's Obligation to Comply with a Subpoena

Promptly provide your Motion to Quash and Motion to Proceed Anonymously to the ISP before the deadline provided in the ISP letter, even if you don't yet have an order from the court. Most ISPs will hold off on producing your personal information pending a court ruling. If you do not file any motion, or if your motion(s) is/are denied, the ISP is legally bound to comply with the subpoena. This means that after the 30-day response period (or the specific deadline provided in the subpoena letter), the ISP will disclose your account information to the plaintiff's attorney. This information typically includes your name, address, and potentially other contact details associated with the account.


Post-Compliance: Loss of Anonymity If You Fail to Respond to ISP Demand


Disclosure of Your Personal Information to Plaintiff's Attorney

Unfortunately, once you've failed to block or limit the disclosure of your personal information, the ISP will comply with the subpoena and share your contact information. The plaintiff's attorney is then free to publicly use your name, identity, and location to further the lawsuit. This marks the end of your anonymity in the case. The plaintiff’s attorney now has the necessary information to proceed with legal action directly against you.


Potential Legal Actions and Publicity

With your identity revealed, the plaintiff may choose to take several potential actions:


  • Settlement Offer: Often, the plaintiff's attorney will reach out with a settlement offer. This is typically a monetary demand to resolve the matter without going to court. Settlements are usually lower than potential court-awarded damages but still can be significant.
  • Filing a Lawsuit: If a settlement is not reached, the plaintiff may file a formal lawsuit against you naming you publicly. This can result in court proceedings where you will need to defend yourself against the allegations of copyright infringement.
  • Negotiations: If you hire an attorney, your attorney can negotiate with the plaintiff's attorney to reach a mutually agreeable resolution. This can involve discussing the terms of settlement, reducing the demanded amount, or exploring other options to avoid litigation. Demands are often initially high but can be negotiated down considerably.


ISP Notice: Importance of Proactive Legal Representation


Navigating a copyright infringement notice from your ISP can be extremely difficult, and a federal copyright case is not for the faint of heart. Understanding the process, the potential consequences, and seeking early legal representation is crucial. If you receive such a notice, do not delay—seek a lawyer to assist you in exploring your options and protecting your rights. At a minimum, keep your anonymity during the demand and litigation process. Remember, proactive and informed actions can significantly influence the outcome of your ISP demand/copyright infringement case. Our intellectual property attorneys are experienced in John Doe copyright litigation and can provide valuable guidance, negotiate on your behalf, and help you understand your rights and options. Act early, and we can assist in mitigating potential damages as well as navigating the complexities of the legal system.


ISP Subpoena Letter Lawyers | Wilson Legal Group P.C. | Serving the United States and Texas


If you've received a demand letter or subpoena letter from your ISP, don't navigate this challenging situation alone. Wilson Legal Group P.C. specializes in handling ISP subpoenas, demand letters and copyright infringement cases across the United States and Texas. Our experienced attorneys are dedicated to protecting your rights and guiding you through every step of the legal process. Contact Us or call 972-248-8080 today for a consultation and let us provide the expert legal support you need to defend an ISP Demand Letter and potential copyright infringement.


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