BIT TORRENT LAWSUITS
You just received a letter from your ISP (Internet Service Provider) informing you that a subpoena has been received. The subpoena requires your ISP to disclose your personal information. A copyright attorney for the holder of a copyright has filed a lawsuit against you, naming you as a John Doe, because, while the copyright holder may have your IP address, they do not know your real name. In most instances, a copyright lawsuit is a civil case, which means you have not been charged with a crime. Nevertheless, civil lawsuits can be expensive and a judgment can have a crippling effect on your finances.
Without your real name, the Plaintiff and their copyright attorney do not know who you are or who to serve the copyright complaint to. To prevent your ISP from disclosing your contact information, you must ask the court to quash the subpoena or to dismiss the case against you. The window to quash or dismiss is small, and therefore, you should not delay.
FILING A MOTION TO QUASH
You must file a motion to quash with the court and a copy of the motion to quash must be provided to the Plaintiff. It is important that you hire an attorney to file a motion to quash, otherwise your identity may be revealed as soon the motion to quash is filed. An attorney ha the best opportunity of preventing the transfer of information that can disadvantage you at the initial stages and at trial.
NEVER USED A BIT TORRENT
There are many ways in which your IP address could have been obtained the the copyright holder including without limitation:
- You allowed public access to your wireless network, which allowed a third party access illegal copyrights on a BitTorrent over your modems IP address;
- Your modem or computer was previously owned by a third party and that third party accessed illegal copyrights on a BitTorrent before giving you the modem or computer;
- Clerical error of either the copyright holder or the ISP; and
- Third parties with access to your network or computer.
Contact Tucker IP if you have received an ISP Subpoena notification. Tucker IP can attempt to protect your identify by filing a motion to quash. Tucker IP serves clients throughout the United States, South Florida and Orlando. Call the Firm toll-free at 1-844-4-TUCKER or send us an email through the Firm’s website.