Chicago Defendant Fights ME2 Productions Movie Lawsuit On His Own – Court Says No But Try Motion to Quash Subpoena Again
Its hard to defend yourself in court, especially in federal court. But one anonymous defendant in court tried to do just that in the online copyright infringement case filed by ME2 Productions over the movie “Mechanic: Resurrection”.
Doe Defendant #4, had filed a Motion to Quash Subpoena to prevent Comcast from turning over his/her identity to the movie company’s lawyers. But the reason this Defendant has to try to persuade the judge to stop it from happening is unique.
ME2 Productions Defendant Blames Comcast Router’s Double WI-FI Signals
According to Defendant #4 in ME2 Productions Inc.v Does 1-28 case number 1:17-cv-03852, he or she suspects that someone else used the Comcast Xfinity WiFi Hotspot on his Comcast-provided router to illegally download the movie “Mechanic: Resurrection”. Apparently Comcast internet subscribers who lease their router from Comcast are broadcasting not one, but two wifi signals – with the second essentially being made available to many in the public.
So, the Defendant filed something called a “motion to quash subpoena”. The purpose of the motion is to prevent the movie company from learning who he or she is.
Unfortunately, when using this court procedure without the help of a lawyer to try to stay anonymous, these motions are not usually successful simply because the defendant does not want to reveal their name. Court rules require disclosing the defendant’s name (unless an attorney is filing the motion) but disclosing the defendant’s name when filing the motion to quash themselves would defeat the purpose of the motion to quash subpoena! – which if successful prevents the movie company from obtaining the defendant’s name from the internet company (“ISP).
ME2 Productions Order on Motion to Quash 17-cv-03852 Illinois
So, the judge in this ME2 Productions case says the motion to quash fails for technical reasons – because the defendant did not sign the motion and did not file a notice of presentment of motion with the court. But the judge said he or she can try again, if they follow the court’s rules.
This is a shame, because of all the motions to quash subpoena we have seen, this one for ME2 productions was the most intriguing because of the Comcast Dual WI-FI signal issue.
Read below to learn more about the purposes of a motion to quash subpoena in a BitTorrent copyright infringement case, or use the contact information below to speak with attorney Jeffrey Antonelli or the other attorneys at Antonelli Law about your legal options in a ME2 Productions lawsuit.
Speak With Our Copyright Infringement Attorneys 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 or on the right side of this page if you are on a desktop computer.
We have helped nearly 2,000 clients across the country including in Colorado effectively resolve copyright infringement actions made by movie companies like ME2 Productions. 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 ME2 PRODUCTIONS 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.
What Can I Do About A Comcast Copyright Infringement Notice?
When faced with a letter from Comcast telling you it received a subpoena to reveal your name and address to a movie company suing for copyright infringement, you have several options, including:
The reason for filing a motion to quash subpoena is if a now-anonymous defendant can manage to remain anonymous, it is possible the movie company may never be able to serve him or her with a court Summons and lawsuit Complaint. That would be a terrific win for the defense, before the case even got started. And in addition to the motion to quash subpoena, for good measure the defendant also filed a motion to dismiss the lawsuit – again, even before it had been served on him or her.
Defendants can also hire an attorney like those at Antonelli Law to help them anonymously negotiate a settlement with the movie company. Antonelli Law charges a flat fee of between $750 and $1,000 to negotiate an out of court settlement (somewhat more if the defendant has been named and served with a summons) which if successful includes ensuring a proper settlement agreement protecting your interests, as well as ensuring a proper dismissal order is entered in the court record and provided to you for your records.
Or, if the Defendant had hired a lawyer to file the motion to quash subpoena, it would be possible to remain anonymous and the judge would proceed with deciding whether or not Comcast Cable would be allowed to reveal the Defendant’s true name and address. Instead, since this Defendant is doing it themselves (perhaps because this Defendant may not be able to afford to hire one), extra work is required to even have the Court listen to the reasons why the subpoena should be quashed.
The Court is saying if you file a motion to quash subpoena without hiring a lawyer, the Rules say you must state your name, address, and telephone number. Or do extra work.
This is tough on Defendants wishing to remain anonymous. Defendants in BitTorrent copyright infringement lawsuits are placed into a quandary. If the Defendant follows the rule of using their name and address in filing the court papers, the movie company whether it is ME2 Productions, UN4 Productions, Inc., Venice PI, LLC, or any of the dozen or so other movie companies filing BitTorrent copyright infringement lawsuits would immediately know the information it sought – the Defendant’s name and address.
That’s why Doe didn’t reveal their name. This defeats the whole purpose of filing a motion to quash subpoena.
Thankfully, the Court is not oblivious to Defendant’s quandary, and the Order denying the motion to quash subpoena was “without prejudice”. This means the defendant could give it another try, if it follows the rules set out by the Court.
There Are Good Reasons to File a Motion to Quash Subpoena In the ME2 Productions Copyright Infringement Lawsuit
If you are interested in reading why we believe there are good reasons to consider filing a motion to quash subpoena and motion to dismiss in the ME2 Productions, Inc. copyright infringement lawsuit, scroll down to learn more. Note: Nothing in this article is legal advice. Consult with an experienced attorney to discuss your individual circumstances.
But Where is the Evidence?
For the reasons that follow below, we believe 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 UN4 Productions, Inc 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 UN4 Productions, Inc lawsuit or subpoena, you may call us at 312-201-8310 or use our confidential contact form.
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:
- File a motion to quash the subpoena
- 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 ME2 Productions, Inc. lawsuits.
More information on the ME2 Productions Lawsuits
Law Professor Matthew Sag states in his article “Defense 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.
So What Are These Lawsuits About?
ME2 Productions accuses defendants of copyright infringement by using software such as BitTorrent and the internet to obtain the film “Mechanic: Resurrection”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 ME2 Productions lawsuit is just 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 both in our hometown of Chicago and nationwide targeted in ISP subpoenas and movie download lawsuits. 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 ME2 Productions Lawsuits Are the Same as Many Other Movie Download Lawsuits – And Antonelli Law Knows How to Protect You
Overall, these ME2 Productions 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 UN4 Productions 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 UN4 Productions 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 ME2 Productions movie company lawyers?
If you received a letter from the movie company’s lawyers about the 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 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 these 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:
by Jeffrey J. Antonelli
ME2 Productions Lawsuit FAQ
Can I File a Motion to Quash the ISP Subpoena from ME2 Productions?
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 ME2 PRODUCTIONS 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 ME2 PRODUCTIONS subpoena will probably be enclosed.
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
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 UN4 PRODUCTIONS 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.
UN4 Productions subpoenas and summons can be scary or inconvenient, but we can help you manage the risk and the hassle.
Antonelli Law’s founder attorney Jeffrey Antonelli is admitted to federal court in Colorado and can help you resolve this lawsuit in an economical, efficient manner. We can also provide litigation defense in court and are happy to do so.
Antonelli Law, a national BT Copyright Defense Group has defended nearly 2,000 people accused of online copyright infringement including many accused by ME2 Productions, Inc.
ME2 Productions Inc. subpoenas and summons can be scary or inconvenient, but we can help you manage the risk and the hassle.
Please tell your friends NOT to download this movie or they may be sued. Their first notice will be receiving one of the several ME2 Productions Inc. subpoenas.
ME2 Productions Inc. is represented in the Illinois lawsuit by attorney Michael Hierl and the law firm Hughes Socol Piers Resnick Dym, Ltd.
The Lawsuits in the Northern District of Illinois Are:
- Does 1-16 1:17-cv-04834
- Does 1-16 1:17-cv-04835
- Does 1-16 1:17-cv-04836
- Does 1-17 1:17-cv-04837
- Does 1-19 1:17-cv-04838
- Does 1-27 1:2017-cv-03910
- Does 1-20 1:2017-cv-03911
- Does 1-29 1:2017-cv-03912
- Does 1-25 1:2017-cv-03913
- Does 1-25 1:2017-cv-03914
- ME2 Productions v Does 1-20 1:17-cv-03846
- ME2 Productions v Does 1-18 1:17-cv-03847
- ME2 Productions v Does 1-23 1:17-cv-03850
- ME2 Productions v Does 1-27 1:17-cv-03851
- ME2 Productions v Does 1-28 1:17-cv-03852
- ME2 Productions v Does 1-24 1:17-cv-03183
- ME2 Productions v Does 1-27 1:17-cv-03184
- ME2 Productions v Does 1-37 1:17-cv-03186
- ME2 Productions v Does 1-36 1:17-cv-03188
- ME2 Productions v Does 1-29 1:17-cv-03189
- ME2 Productions v Does 1-19 1:17-cv-02992
- ME2 Productions v Does 1-21 1:17-cv-02993
- ME2 Productions v Does 1-20 1:17-cv-02994
- ME2 Productions v Does 1-36 1:17-cv-02995
- ME2 Productions v Does 1-21 1:17-cv-02996
- ME2 Productions v Does 1-25 1:17-cv-02462
- ME2 Productions v Does 1-29 1:17-cv-02464
- ME2 Productions v Does 1-31 1:17-cv-02465
- ME2 Productions v Does 1-31 1:17-cv-02466
- ME2 Productions v Does 1-36 1:17-cv-02467
- ME2 Productions v Does 1-23 1:17-cv-02418
- ME2 Productions v Does 1-19 1:17-cv-02419
- ME2 Productions v Does 1-21 1:17-cv-02420
- ME2 Productions v Does 1-22 1:17-cv-02421
- ME2 Productions v Does 1-24 1:17-cv-02423
- ME2 Productions v Does 1-32 1:17-cv-01469
- ME2 Productions v Does 1-34 1:17-cv-01471
- ME2 Productions v Does 1-33 1:17-cv-01473
- ME2 Productions v Does 1-25 1:17-cv-01476
- ME2 Productions v Does 1-24 1:17-cv-01478
- ME2 Productions v Does 1-23 1:17-cv-01532
- ME2 Productions v Does 1-28 1:17-cv-01535
- ME2 Productions v Does 1-31 1:17-cv-01536
- ME2 Productions v Does 1-34 1:17-cv-01539
- ME2 Productions v Does 1-28 1:17-cv-01541
- ME2 Productions v Does 1-25 1:17-cv-00706
- ME2 Productions v Does 1-25 1:17-cv-00708
- ME2 Productions v Does 1-26 1:17-cv-00710
- ME2 Productions v Does 1-25 1:17-cv-00712
- ME2 Productions v Does 1-42 1:17-cv-00714
If your internet address (“IP address”) is involved, your first notice of the lawsuit will probably be a letter from Comcast Cable internet and a copy of a subpoena from ME2 Productions Inc. Scroll down for additional information about these lawsuits or click here for our FAQ on movie download lawsuits.
Looking for Information on a ME2 Productions Lawsuit in Another State?
Looking for information on a ME2 Productions lawsuit in another state? Click on the state you are interested in:
Received a Subpoena from Comcast? The best thing to do is to talk with an experienced lawyer.
Antonelli Law’s BT copyright defense attorneys in Chicago are Jeffrey Antonelli and Melissa Brabender. Call us at 312-201-8310 for a free lawyer consultation or to obtain our help.
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