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  1. #1
    Join Date
    Feb 2013
    Posts
    6

    Default Sued for Allegedly Downloading a Movie

    I was served with a summons for a civil action in regard to copyright infringement for illegally downloading a movie. My IP address was named specifically, however, I have never downloaded any movies or music from online. I am expected to answer the complaint as well as file my answer with the court. I'm wondering what format I need to use to respond? Is this as simple as writing a letter denying the claims in the papers and submitting it to the plaintiff's attorney? I really don't want to retain an attorney for this, but I want to make sure that I am not held liable for something I did not do.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Copyright Infringement

    Have you actually been sued or is it you received notice from your ISP that they have been served with a request or possibly a subpoenea to provide your specific information to the plaintiff?

  3. #3
    Join Date
    Feb 2013
    Posts
    6

    Default Re: Copyright Infringement

    I have actually been named in the lawsuit, along with 16 other specific individuals and approximately 185 John Does, and the paperwork I received contains court documents.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Copyright Infringement

    To start with, you follow any directions contained in the summons.


    Before I get too in depth, I would suggest doing some Internet research on such a situation. I am posting from my phone and it is difficult to do much research. There is a lot of information available concerning this issue and often specific information on how to deal with it. Start with a search using the plaintiff's name. If it is one of the regulars, you will likely find a lot of info with that simple search. Hopefully i will be able to get back to this later on my home computer.

  5. #5
    Join Date
    Feb 2013
    Posts
    6

    Default Re: Copyright Infringement

    Okay, so there seems to be a fair amount of information about this lawsuit in regard to copyright trolling.

    http://dietrolldie.com/2013/04/29/va...3-cv-00469-or/

    The following talks about this case being thrown out by a judge in Missouri because of swarm joinder theory, as is being cited in the paperwork I received.

    http://torrentlawyer.wordpress.com/c...sons-film-llc/

    Finally, I just noticed that there is potentially a jurisdiction issue... The actual court paperwork has been filed in the Eastern District and we are in the Western District. If I understand Rule 12 of the Federal Rules of Civil Procedure, there might be a motion to dismiss based on lack of personal jurisdiction.

    This seems bogus, but I still want to make sure I'm addressing it. Thank you so much for your help so far.

    - - - Updated - - -

    I also found this documentation with the court in response to a stay on the case and a Doe's motion to sever and dismiss and/or issue a protective order that was denied.

    http://docs.justia.com/cases/federal...?ts=1376380861

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