Venice PI, LLC is Suing Indiana Internet Users – But Where is the Evidence? Antonelli Law Defense

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Venice PI, LLC – The Company Behind the Bruce Willis Movie “Once Upon a Time in Venice” – is Suing Indiana Internet Users

Antonelli Law’s founder Jeffrey Antonelli is admitted to the federal courts in Indiana, and we noticed that Venice PI, LLC  is suing Indiana internet users in federal court. Venice PI, LLC is the movie company behind the Bruce Willis Movie “Once Upon a Time in Venice”  and it is suing people for allegedly downloading or “streaming” its movie for free without authorization .

Venice PI, LLC, is suing internet users across the country. However, the movie company hires different lawyers to file its lawsuits in different states’ federal courts. And in this case the movie company hired Cary, North Carolina attorney R. Matthew Van Sickle of the law firm Lynch Van Sickle, PLLC.

But Where is the Evidence?

For the reasons that follow below, filing a motion to quash subpoena to stop the Comcast Cable from releasing the names and addresses of the unnamed Defendants could be justified. Stated simply, when we looked at the court filings by Venice PI, LLC we found what is in our opinion a complete lack of evidence of copyright infringement in the lawsuit’s complaint.

While this article is not legal advice, we hope the reader finds the information contained to be helpful. If you would like to speak with Antonelli Law in a free consultation about a Venice PI, LLC lawsuit or subpoena, you may call us at 312-201-8310 or use our confidential contact form.

The Evidence Needed to Prove Copyright Infringement by Venice PI, LLC

Venice PI, LLC must show to the Court that:

  1. It has ownership of a valid copyright and
  2. The defendant violated the copyright owner’s exclusive rights under the Copyright Act.

We Could Not Find Sufficient Allegations of Evidence by Venice, PI LLC

We examined the court filings of Venice PI, LLC in case number 2:17-cv-00284,  Venice PI, LLC v Does 1-15 filed in the United States District Court for the Northern District of Indiana located in Hammond. From this review, we did not see that movie company alleged sufficient evidence to show that its copyright was violated by the defendants it accuses.

You can read these filings for yourself by clicking on the links below. The filings are:

  1. Venice PI, LLC lawsuit complaint for copyright infringement of the movie “Once Upon a Time in Venice”
  2. Venice PI, LLC’s Motion to the Court asking permission to issue a subpoena to Comcast Cable to reveal the names and addresses of people whose internet account had the IP addresses it says downloaded the movie.
  3. Venice PI, LLC’s Memorandum of Law in support of its motion to the court Motion to the Court asking permission to issue a subpoena to Comcast Cable

In our review of these court filings, in our opinion Venice PI, LLC has simply failed to allege sufficient evidence to show that its copyright was violated by the defendants it accuses.

In none of the documents did we see Venice PI, LLC provide alleged evidence of data being transmitted  that could translate to a viewable image substantially similar to the movie company’s copyrighted work. In other words:

From what we saw, nothing was said about the size or contents of the portions of the work actually downloaded from the defendants’ IP addresses

Defendants May File Motions to Quash Subpoena & Dismiss Complaint

Because of what we see as the lack of allegations as to the size or contents of the portions of the work actually downloaded from the defendants’ IP addresses, we feel it would be justified to:

  1. File a motion to quash the subpoena
  2. Fie a motion to dismiss the complaint via Federal Rule 12(b)(6)

It may cost more to take these actions than it would be for a defendant hire us to help them settle anonymously, but this could be the right strategy for some who are targeted in VENICE PI, LLC lawsuits.

Contact Antonelli Law For Free

If you want more information or have questions about this lawsuit, or want to file a motion to quash the Comcast subpoena or take other defensive actions, please call us at 312-201-8310 or use our confidential contact form.

We have helped nearly 2,000 clients across the country effectively reslve copyright infringement actions made by movie companies like Venice PI, LLC. We will answer your questions honestly and help you decide the best course of action for you.

We Will Give You an Individualized, No Pressure, Professional Consultation – For Free.

  • Learn about what the notice means.
  • Ask every question that concerns you.
  • Learn the facts and decide if you want to settle the lawsuit anonymously, wait to see if nothing happens, or plan to fight back.
  • File a motion to quash? We’ll help you to decide.
  • Have us negotiate a settlement for you, including a proper settlement agreement that is in your interest, and a dismissal order entered by the federal court to protect you and which you keep for your records.

What Can Antonelli Law Do For Me?

Antonelli Law will help you decide what to do about the VENICE PI LLC letters, subpoenas, and summons. We have helped many people accused of downloading movies over the internet in these types of lawsuits.

Remember, don’t panic. Learn the facts and your legal options by speaking for free to an Antonelli Law attorney confidentially nationwide at 312-201-8310 or use the contact form here.

Our clients say Antonelli Law is very good at:

  • Reducing your anxiety about the problem
  • Giving clear information to help you decide what to do
  • Responsive and accessible via phone and email
  • Tenacious and effective lawyers in lawsuit litigation

We understand the shock you may be feeling from receiving a notice of this action, and have the experience to help you deal with this in the best way possible for you: anonymous settlement, or prepare to fight back.

More information on the Venice PI, LLC Lawsuits

Law Professor Matthew Sag states in his recent articleDefense Against the Dark Arts of Copyright Trolling”:

“the isolated “bits” of the movie that [Plaintiff] supposedly received from the defendant’s IP address do not meet the standard for copyright infringement. In the cases that we have studied, the plaintiffs have offered declarations that defendant’s IP address was observed transmitting data with a certain hash value. That hash value, it is alleged, is the same as the hash value of a piece that the witness combined with other pieces to create a file identical to the copyright owner’s work… note that these declarations say nothing about the size or contents of the portions of the work actually downloaded from the defendant’s IP address. In essence, the plaintiff can only state truthfully that its software observed the defendant’s IP address transmitting a fraction of the work….”There is nothing in either declaration that would allow the court to conclude that the “bits” and “pieces” captured by [plaintiff’s experts’] technology as allegedly distributed from Doe’s IP address meet the standard of originality justifying a finding that they are protectable elements of the works.

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So What Are These Lawsuits About?

Venice PI LLC accuses defendants of copyright infringement by using software such as BitTorrent and the internet to obtain the film “Once Upon a Time in Venice” without paying the appropriate license fee.

Critics of these lawsuits say its about the movie company generating more revenue. The movie company says it is filing these lawsuits to stop piracy of its intellectual property.

The Venice PI LLC lawsuit is one of many “free movie” download cases we see, which are sometimes called “copyright troll” lawsuits or BitTorrent lawsuits. BitTorrent is a common software people use to illegally obtain movies online. Our experience representing so many people and understanding the technology behind these lawsuits allowed us to write a legal article explaining these lawsuits to other lawyers. It was published by a prominent state bar Intellectual Property Section. See the link for the article below.

Can Antonelli Law Help Me Where I Live? Can I Afford This?

Antonelli Law represents people targeted in ISP subpoenas and movie download lawsuits nationwide. In fact, over the past 6 years we have represented nearly 2,000 clients from lawsuits filed by more than 50 different movie companies from Hawaii to New York who were targeted in these types of cases. Our experience has allowed us to develop a high level of proficiency, allowing us to defend people with fair legal fees that most people can afford – either by settling out of court or through vigorous lawsuit defense.

Antonelli Law defends people in all these jurisdictions and has done so in many other movie download cases. The reason is federal court rules use the same US Copyright Act and our local counsel (see below) are admitted to nearly all the jurisdictions where movie download lawsuits are being filed.

 

The Venice PI LLC Lawsuits Are the Same as Many Other Movie Download Lawsuits – And Antonelli Law Knows How to Protect You

Overall, these Venice PI LLC lawsuits are the same as similar lawsuits filed by other movie companies. They all have the same thing in common: The internet user’s IP address associated with their internet account was observed participating in a download of the movie company’s movie. There are defenses to these claims.

Too often, the internet accountholder simply did not do it. The IP address could have been “spoofed”, meaning some other computer somewhere in the world pretended to be the IP address associated with an American’s internet account. Its like having a fake driver’s license with your license number on it. Except their computer is pretending to be using your internet account with your internet IP address.

Other times, it could have been a family member, someone stealing your wi-fi signal from your home, or for some other reason that has nothing to do with the copyright infringement alleged. And yes, sometimes the IP address observation is part of an accurate description of the internet account holder illegally downloading the movie.

Antonelli Law’s Experience & Local Counsel Provides Competent & Affordable Legal Representation

We have defended nearly 2,000 clients nationwide from online copyright infringement claims by over 50 different movie companies . In that process, we have learned a great deal that benefits our current and new clients. Because we are seasoned attorneys that have dealt with “free movie download” copyright lawsuits across the country filed by so many movie companies, Antonelli Law has developed a series of methods to deal effectively and efficiently with these lawsuits no matter where in the country our client’s lawsuit was filed. The Venice PI LLC subpoena and lawsuit is no exception.

In the many states where we have retained local counsel, our local counsel (see below for a non-exhaustive list) can immediately appear in court should there be an emergency. Few if any other law firms providing BitTorrent Copyright Defense have any local counsel at all.

Every movie download case involves federal law. And federal courts allow lawyers to electronically file their paperwork through the court’s official website. This key innovation means we can effectively represent clients in district courts in every state of the country.  Federal practice, especially in these kinds of cases, rarely require us to appear in court. When we do need to appear, we will be there. The days of having a law clerk walk printed legal briefs over to the courthouse and file them with the court clerk are long gone.

More Information – And Free Explanations

If you are reading this article because you received a letter from your ISP internet company about a Venice PI LLC subpoena, or you have been served a summons, some of the following information will apply to you and some will not. If you have any questions call us for free at 312-201-8310. We excel at explaining the legal process and technology to people who aren’t lawyers or computer programmers!

Have you received a letter from the Venice PI LLC movie company lawyers?

If you received a letter from the movie company’s lawyers about the Venice PI, LLC lawsuit? If so, you may have questions regarding your legal options about defending yourself, settlement, and something called “Waiver of Service of Summons“.

Caution – Don’t Sign a Waiver of Service of Summons Form Before Speaking with an Attorney

As defense attorneys, we are concerned that people receiving a Waiver of Service of Summons form in the mail from the Venice PI, LLC movie company lawyer will lead to an unfair default or consent judgment against them. Please speak with an attorney experienced in movie download federal copyright lawsuits.

What Are Movie Downloading Cases in General About? What Are “Copyright Troll” Lawsuits?

If you want to read more about the type of lawsuit that the Venice PI, LLC cases are part of, consider reading the article I wrote below about “copyright troll” litigation which was published by the Illinois State Bar Association’s Intellectual Property Section:

Torrent Wars

Copyright Trolls, Legitimate IP rights, and the Need for New Rules Vetting Evidence and to Amend the Copyright Act

by Jeffrey J. Antonelli

 

 

Can I File a Motion to Quash the ISP Subpoena from Venice PI LLC?

Yes, as long as it is not after the deadline to do so as stated in your notice from your internet service provider. If the deadline has not passed we will need to discuss with you the relative strengths and weaknesses of doing so.

 

What Are the Steps in a VENICE PI LLC Lawsuit?

Each lawsuit is filed in federal court and requests permission to find out the real names of internet users associated with IP addresses suspected of being part of the movie downloading. This is done by sending a subpoena to the internet company (ISP). Most people find out they are involved in the lawsuit when they receive a letter from their internet company (ISP) such as Comcast, COX, Comcast, or Verizon informing them of the copyright infringement allegations. A copy of a VENICE PI LLC subpoena will probably be enclosed.

The VENICE PI LLC Subpoena – You Can File a Motion to Quash the Subpoena

If you are the account holder for an internet service provider (ISP), your name is linked to an IP address. If you receive an ISP letter or email informing you a subpoena was received to reveal your identity for a copyright infringement lawsuit. You have the right to file something called a motion to quash the subpoena, although the risks and benefits of filing one should be discussed with a qualified attorney.

Antonelli Law’s Local Counsel –  Nationwide Defense Practice

Antonelli Law defense attorneys and local counsel are admitted to the district courts wherever VENICE PI LLC lawsuits are filed from coast to coast. We are able to represent you in your federal case without being more expensive or more difficult to hire than hiring a local law firm in part because federal courts require attorneys to file their papers electronically, and often conduct hearings by telephone. This makes frequent trips to the courthouse unnecessary.

We can defend you and also help protect your anonymity in a Venice PI LLC lawsuit if circumstances allow.

Who Are Our Local Counsel?

NEW YORK – Leslie Farber

Leslie Farber – New York, New Jersey, Pennsylvania

Byron L. Ames  Jurisdictions: Nevada & Utah

Byron L Ames Nevada & Utah local counsel BitTorrent Copyright Defense for Antonelli Law

Mark Del Bianco  Jurisdictions: Maryland, Washington DC

Attorney Mark Del Bianco is Antonelli Law’s Maryland local counsel for Maryland and Washington DC

Peter Glazer  Jurisdiction: Virginia

Virginia copyright defense attorney Peter Glazer

Tristan C. Robinson Jurisdiction: Texas

Southern District of Texas

Southern District of Texas

Jeffrey Antonelli Jurisdictions: Illinois, Indiana, Colorado, Michigan, Wisconsin, and others through pro hac vice

Jeffrey-Antonelli

Melissa Brabender: Illinois and Nationwide through pro hac vice admission

Attorney Melissa Brabender

Antonelli Law is the most experienced BT copyright defense firm in the country and represents clients nationwide – no more expensively than competent lawyers in your area.

Each lawsuit is filed in federal court and requests permission to find out the real names of internet users associated with IP addresses suspected of being part of the movie downloading. This is done by sending a subpoena to the internet company (ISP). Most people find out they are involved in the lawsuit when they receive a letter from their internet company (ISP) such as Comcast, COX, Comcast, or Verizon informing them of the copyright infringement allegations. A copy of a VENICE PI LLC Subpoena will probably be enclosed.

If you are the account holder for an internet service provider (ISP), your name is linked to an IP address. If you receive a Comcast, COX, CenturyLink or similar letter informing you a subpoena was received to reveal your identity call Antonelli Law nationwide at 312-201-8310 or use the contact form here to learn your legal options including settling anonymously, filing a motion to quash or vacate the subpoena, or to prepare to fight the lawsuit.

Venice PI LLC subpoenas and summons can be scary or inconvenient, but we can help you manage the risk and the hassle.

Antonelli Law, a national BT Copyright Defense Group has defended nearly 2,000 people accused of online copyright infringement including many accused by Cook Productions, Inc.

List of VENICE PI LLC Cases Filed by State

District of Colorado

Venice PI, LLC v. Doe 1 et al 1:17-cv-01861

District of Indiana

Venice PI, LLC v. Doe 1 et al 2:17-cv-00284

Venice PI, LLC v. Doe 1 et al 2:17-cv-00285

Venice PI, LLC v. Doe 1 et al 1:17-cv-02274

District of New York

Venice PI, LLC v. Does 1-15 1:17-cv-04904

District of North Carolina

Venice PI, LLC v. Does 1-18 1:17-cv-00610

Venice PI, LLC v. Does 1-11 1:17-cv-00611

Venice PI LLC v. Does 1-15  4:17-cv-00089

Venice PI, LLC v. Does 1-10 1:17-cv-00170

District of Virginia

Venice PI, LLC v. Does 1-15 5:17-cv-00070

See Also:

Your Kids Can Get You Sued in Federal Court with “Free Movie” Internet Streaming, Downloads – Antonelli Defense & Information

 

 

Your Kids Can Get You Sued in Federal Court with “Free Movie” Internet Streaming, Downloads – Antonelli Defense & Information

 

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