I received a letter from my internet provider requesting a subpoena to release my information as I was accused of violating copyrights for file sharing
I am not licensed in New York. I provide my answer based on handling hundreds of these cases over the last eight years.
You should speak to an attorney about this matter. There are a number of options to consider. You can wait to see whether they obtain your identity and if they file a lawsuit against you. However, this could result in increased settlement demands and your name unnecessarily being included in the litigation. On the other hand, you may never be sued. I usually caution against what I call the "wait and see" approach.
Alternatively, you could file what is called a motion to quash or a motion to set aside a subpoena seeking to preclude disclosure of your identity. You could spend more in doing so than you would in a settlement. Moreover, you could file the motion only to have the plaintiff dismiss the case and refile correcting some of the issues raised. The Court could deny your motion and you would be in the same place with a possibly higher settlement demand. Even if the court granted the motion, the plaintiff could refile the litigation assuming only procedural issues caused the dismissal.
Depending on circumstances, you could also file a motion to dismiss for lack of personal jurisdiction if you live in one state and the litigation is pending in another state with which you have no or minimum contacts. But again, even if you succeed, the plaintiff could refile the litigation.
Finally, you could try a third approach and make efforts to settle the matter. The terms of the agreements are confidential. As such, I cannot discuss amounts or specific terms. However, this would resolve this litigation.
You really should consult an attorney who has absolutely practiced in this specific arena and have them answer most if not all of your questions. You should not need to pay for an initial consultation.
The answers provided arise from general knowledge and experience. Thus, the information provided in the answers is intended to give a general response to a broad question asked. The answers DO NOT constitute specific legal advice. Additionally, the answers do not create an attorney-client relationship. Indeed, the answer is provided not knowing the individual who posted the query or the party interested in the answer. Again, the answer does not constitute specific legal advice as a complete assessment is needed to provide legal advice. Moreover, our firm requires signed engagement letters before providing specific legal advice. An individual should always consult an attorney privately who can ask specific questions and provide specific advice based upon the answers to the questions. An individual should not make independent decisions based on general answers to anonymous questions posted online. Consult an attorney before making any specific decisions regarding your own situation.
2 found this helpful
3 lawyers agree
Commercial Real Estate Attorney
Yes. This is the preliminary step to bringing a civil action against you for copyright infringement. Without knowing whether its for music, movies, pictures, or other media, I can't really give you much information, but you should definitely seek local counsel with IP experience for a consultaiton. I'd be glad to talk to you if you'd like. You can email me at email@example.com or call my office 212 448 9933
I am sorry to hear about your situation.
You should contact an attorney to discuss your questions as additional information would be helpful. The sooner the better in case you decide to fight the subpoena.
Our firm has many years of experience in the civil litigation field.
I wish you the best of luck.
Please remember that I do not normally monitor these questions after I have posted a reply.
Free phone consultation Monday — Thursday 1-5 pm.
Greenberg & Merola, LLP
Attorneys at Law
521 5th Ave. Ste. 1700
New York, NY 10175
(212) 593-6111, facsimile (516) 887-1720
(Additional offices: Brooklyn, Queens, Long Island)