dslreports logo
site
 
    All Forums Hot Topics Gallery
spc

spacer




how-to block ads


Search Topic:
uniqs
30461
share rss forum feed

kfnsi81

join:2011-10-22

Copyright Infringement letter

I read a few of the threads about receiving copyright infringement letters and emails, but the letter I received included a part I couldn't find in any of the other posts.

It reads, "Comcast will provide your name, address, and other information as directed in the Order unless you or your attorney file something with the District of Columbia such as a motion to quash or vacate the Subpoena no later than November 21, 2011.

Should I be worried or just do as the other threads suggested.. and ignore it?



sortofageek
Runs from Clowns
Premium,Mod
join:2001-08-19
kudos:21

I haven't seen that before. If I were in your shoes, however, I would probably be consulting an attorney knowledgeable about copyright infringement.
--
Join Team Helix * I am praying for these friends .



JigglyWiggly

join:2009-07-12
Pleasanton, CA

That sucks tc, I would ask a lawyer or something.


rickmac

join:2002-01-16
Citrus Heights, CA
reply to kfnsi81

....file "something"....????

Could they be more vague???

Whether you should ignore it or not depends on what you have been doing with your Comcast connection.


rody_44
Premium
join:2004-02-20
Quakertown, PA
reply to kfnsi81

»www.citizen.org/documents/powermarkquash.pdf


tthnow

join:2006-06-07
Oakland, CA
reply to kfnsi81

When I was with charter I received over 10+ letters about infringement. I rather go to jail before I pay them anything.

I ignore those 10+ letters and they never did anything to me.



DataRiker
Premium
join:2002-05-19
00000

3 edits

These are generally just extortion rackets. You will probably receive a settlement letter after your name is given out hoping your stupid enough to send in money.

If you simply ignore the letter it will go away eventually. It costs them too much money to actually pursue their threats, and generally only do so when its in the national spotlight.

Also if you fall into the "poverty" income bracket like 20% of America then you can just ignore all of it as your judgement proof.

Being poor is like Kryptonite to any civil attorney and they will avoid you as such.


medbuyer

join:2003-11-20
kudos:4
reply to kfnsi81

makes you wonder though, what the OP was using his connection for....

he only presented one side of the story...


neufuse

join:2006-12-06
James Creek, PA

1 recommendation

reply to kfnsi81

did it come certified mail? if not throw it in the trash... true legal documents come certified to show you read them



NormanS
I gave her time to steal my mind away
Premium,MVM
join:2001-02-14
San Jose, CA
kudos:11
Reviews:
·SONIC.NET
reply to kfnsi81

said by kfnsi81:

It reads, "Comcast will provide your name, address, and other information as directed in the Order unless you or your attorney file something with the District of Columbia such as a motion to quash or vacate the Subpoena no later than November 21, 2011.

This sounds like Comcast has received an actual subpoena, demanding information about you. At this point, it is just a subpoena to Comcast. But it sounds like the complainant in this matter is getting more serious than in the examples you have found.

Basically, Comcast normally forwards a boilerplate DMCA "cease and desist" request, which is more of a pro forma courtesy than a prelude to legal action. However, this seriously sounds like a prelude to legal action, and the next letter you receive about this matter will likely be a certified letter, delivered by USPS, to whomever Comcast releases the information to, unless you can show cause why Comcast shouldn't release the information.

In short, I'd not ignore this one; or, if I did, I'd be looking for that certified letter from the complainants.


Wayne99021
Premium
join:2004-12-28
Mead, WA
kudos:1
reply to medbuyer

It sound like the op got caught doing more than just a song on Lime-wire.
What actually was he doing to get a letter like that.
The sure cure for something like this, is stay away from torrents and stop downloading copyrighted material.



BigDaddyChud

join:2002-11-16
Gladstone, OR
reply to medbuyer

Sounds like he may be caught up in this...»www.techdirt.com/articles/201110···it.shtml


neufuse

join:2006-12-06
James Creek, PA

like the op would admit to the porn... i mean downloading


medbuyer

join:2003-11-20
kudos:4
reply to kfnsi81

add the OP now to the list that won't be coming back in the future as he just got more than what he wanted answers for....


Mr Matt

join:2008-01-29
Eustis, FL
kudos:1
reply to kfnsi81

The Electronic Frontiers Foundation has valuable information regarding Copyright Infringement Letters here:

»www.eff.org/issues/file-sharing/···-defense


rody_44
Premium
join:2004-02-20
Quakertown, PA
reply to kfnsi81

I agree with norman. this ISNT the usual copyright infringement letter. Them notices dont ask you to file legal papers.



jippedaround

@telus.net
reply to kfnsi81

said by kfnsi81:

It reads, "Comcast will provide your name, address, and other information as directed in the Order unless you or your attorney file something with the District of Columbia such as a motion to quash or vacate the Subpoena no later than November 21, 2011.

Write a nice note to Comcasts legal department and tell Comcast to shove it up their ass as you don't live in the district of Columbia, so any lawsuit from DC, does not have jurisdiction over you. Am assuming you live in another area that is not DC. Educated Judges are making sure that these legal matters are filed in the victims(you) home State.

Treat extortionists like criminals. Push back if they dare try to rob you. Don't let them easily get your name and details, to then write you an extortion letter, so only communicate with Comcast's legal department and not the extortionist.


DataRiker
Premium
join:2002-05-19
00000
reply to rody_44

said by rody_44:

I agree with norman. this ISNT the usual copyright infringement letter. Them notices dont ask you to file legal papers.

As I stated before, from what I understand this is what comes before you receive an actual extortion demand for 2,500 dollars certified mail.

Ignore it.

I don't have first hand knowledge because I've never had the same letter, but I'm willing to bet I'm correct.


NormanS
I gave her time to steal my mind away
Premium,MVM
join:2001-02-14
San Jose, CA
kudos:11
Reviews:
·SONIC.NET

May be that ignoring it is a viable strategy. But I am not sure what happens if you don't show up in court, and have no counsel to represent to the judge that you are not under the jurisdiction of his court. I am mindful of the case of a certain Englishman; though the details aren't exactly the same. The judge ruled for the plaintiff, and awarded damages against the Englishman. It was a "default judgement".
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum



mackey

join:2007-08-20
kudos:6

1 recommendation

reply to jippedaround

said by jippedaround :

Write a nice note to Comcasts legal department and tell Comcast to shove it up their ass. ...

Don't let them easily get your name and details, to then write you an extortion letter, so only communicate with Comcast's legal department and not the extortionist.

Wait. Comcast is giving the OP an opportunity to fight the release of his info, and you say the OP should tell COMCAST to shove it? Do you always tell the people who try to help or are nice to you to go f- themselves? Comcast didn't HAVE to warn him, they could of just turned over his info and let the courts sort it out...

/M


DataRiker
Premium
join:2002-05-19
00000
reply to NormanS

said by NormanS:

May be that ignoring it is a viable strategy. But I am not sure what happens if you don't show up in court, and have no counsel to represent to the judge that you are not under the jurisdiction of his court. I am mindful of the case of a certain Englishman; though the details aren't exactly the same. The judge ruled for the plaintiff, and awarded damages against the Englishman. It was a "default judgement".

I'm not a lawyer but wouldn't you have to be served papers before your given a court date?

The OP never mentioned being served papers


NormanS
I gave her time to steal my mind away
Premium,MVM
join:2001-02-14
San Jose, CA
kudos:11
Reviews:
·SONIC.NET

said by DataRiker:

I'm not a lawyer but wouldn't you have to be served papers before your given a court date?

The OP never mentioned being served papers

Wouldn't that be the reason the complainant wants the OP's contact information from Comcast?
--
Norman
~Oh Lord, why have you come
~To Konnyu, with the Lion and the Drum


DataRiker
Premium
join:2002-05-19
00000

Probably not, unless he did something awful like distribute an unreleased work-print of a movie or something.

I'm betting its so they can forward a registered letter with an extortion plea.

"pay 2,500 dollars for this to go away" type of deal.

You could be absolutely correct but given the rarity of such an event I doubt it.



bbchris2nd
Joke Factory

join:2010-09-03
Australia
reply to kfnsi81

You should be worried if you received a copyright infringement letters and emails. I work for a company before that takes this matter seriously, don't know for Comcast if this is just threat or what.
--
Be brave even if you're not. Pretend to be. No one can tell the difference.



joako
Premium
join:2000-09-07
/dev/null
kudos:6
Reviews:
·Comcast

1 recommendation

reply to DataRiker

said by DataRiker:

said by NormanS:

May be that ignoring it is a viable strategy. But I am not sure what happens if you don't show up in court, and have no counsel to represent to the judge that you are not under the jurisdiction of his court. I am mindful of the case of a certain Englishman; though the details aren't exactly the same. The judge ruled for the plaintiff, and awarded damages against the Englishman. It was a "default judgement".

I'm not a lawyer but wouldn't you have to be served papers before your given a court date?

The OP never mentioned being served papers

From my understanding here's what happens with the copyright trolls:

1) File a federal john doe lawsuit i.e. "Copyright Troll vs John Doe identified by IP addres 5.5.5.5." Here the copyright troll will compel the ISP to release the subscriber information. Subsequently this lawsuit is abandoned

2) Send extortion settlement letters to the parties that allegedly violated the copyright demanding they make the copyright owner whole for "damages." The "damages" demanded are many times lower than the statutory damages but have no relation to the value of the content or alleged infringements, in relatively this figure is around the amount it would cost to retain an attorney: an honest lawyer might tell you to pay up for a sure "win" instead of putting the same money towards a legal defense.

3) Actual lawsuit is filed against the alleged infringing parties.

So from my understanding it sounds like the OP's case is in phase 1, meaning a lawsuit has been filed against his/her IP address and the plaintiff is attempting to determine his/her identity.

I am not a lawyer but I can assure you it would not be wise to throw away the letter and forget about it as some have suggested. Search on Google, there is plenty of information about these practices.
--
PRescott7-2097


DataRiker
Premium
join:2002-05-19
00000

4 edits

Step 3 is usually a bluff from what I've read.

Attorney's know that your average person couldn't pay a high judgement even if he won, because one of 3 things:

A - The person is already in debt, and you can't give preference to one debtor over another when you have a judgment. Basically you have to wait in line with his other debt collectors.

B - The person is poor and judgment proof ( they don't have to pay even if they lose )

C - Going to trial is expensive and time consuming even for attorney's and they might lose.

Now if your a wealthy person with lots of assets and no debt then it might be different.



cork1958
Cork
Premium
join:2000-02-26
reply to tthnow

said by tthnow:

When I was with charter I received over 10+ letters about infringement. I rather go to jail before I pay them anything.

I ignore those 10+ letters and they never did anything to me.

When was this, although i don't particularly believe it?
--
The Firefox alternative.
»www.mozilla.org/projects/seamonkey/


nerdburg
Premium
join:2009-08-20
Schuylkill Haven, PA
kudos:1

said by cork1958:

said by tthnow:

When I was with charter I received over 10+ letters about infringement. I rather go to jail before I pay them anything.

I ignore those 10+ letters and they never did anything to me.

When was this, although i don't particularly believe it?

Oh I do. I probably had 10 letters from my ISP over the years too. The letter that OP received is not the run of the mill infringement letter tho, it means he's probably going to need a lawyer.

ctggzg
Premium
join:2005-02-11
USA
kudos:2
reply to kfnsi81

said by kfnsi81:

Should I be worried or just do as the other threads suggested.. and ignore it?

If that's all you got out of related threads, you were only hearing what you wanted to hear.


goody two

@comcast.net
reply to DataRiker

said by DataRiker:

Step 3 is usually a bluff from what I've read.

Attorney's know that your average person couldn't pay a high judgement even if he won, because one of 3 things:

A - The person is already in debt, and you can't give preference to one debtor over another when you have a judgment. Basically you have to wait in line with his other debt collectors.

B - The person is poor and judgment proof ( they don't have to pay even if they lose )

C - Going to trial is expensive and time consuming even for attorney's and they might lose.

Now if your a wealthy person with lots of assets and no debt then it might be different.

A. It's not the matter of how much debt the defendant has -- it's the matter of how much net worth. A defendant can have hefty amount of debt but still the value of his total assets is greater - in which case judgement is worth pursuing.

B. There's no such thing as judgement proof. A person can be temporarily poor but ultimately get a good-paying job, receive an inheritance, win a lottery or even win a judgement on a different tort case. All of which can create assets from which judgement claims can be realized. But judgements are often not so much for financial reasons but as a deterrent from further damages.

C. I wouldn't bank on that as trials are expensive for defendants too, with a much, much greater impact on defendants financial resources than those of the content companies. If the infringements are infrequent or accidental, then it's not worth pursuing. But if it's still ongoing after several warnings, then that's another story.