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.
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:
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.
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.
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.
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!
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:
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.
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.
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.
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.
With your identity revealed, the plaintiff may choose to take several potential actions:
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.
Have an idea for a blog? Click and request a blog and we will let you know when we post it!
Let's talk about your legal issue
Wilson Legal Group P.C.
d/b/a Wilson Whitaker Rynell
(972) 248-8080 (Dallas) MAIN OFFICE
(713) 830-2207 (Houston) Appointment Only
(512) 691-4100 (Austin) Appointment Only
For more information on how we can assist in your intellectual property, commercial litigation, divorce, or other personal needs, let us know how we can help you:
WILSON WHITAKER RYNELL
Thank You for Contacting Us!
Your information has been sent, and we will contact you shorlty...issues.
WILSON WHITAKER RYNELL
Oops, there was an error sending your message.
Please try again later.
Disclaimer:
This form does not establish an attorney-client relationship, and should only be used to contact the firm about scheduling a call or meeting. No confidential or sensitive information should be sent using this form.
We represent clients nationwide, including Dallas, Austin, Houston, and other Texas areas such as Fort Worth, Arlington, Carrollton, Plano, Allen, Lewisville, Flower Mound, Irving, Denton, McKinney, North Richland Hills, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.
Wilson Whitaker Rynell
16610 Dallas Parkway, Suite 1000
Dallas, Texas 75248
972-248-8080 (MAIN)
972-248-8088 (FAX)
info@wrrlegal.com (E-MAIL)