Feds Arrest Man For Sharing “Deadpool” Movie on Facebook – Criminal Copyright Infringement Charges Pending -Antonelli Law Defense
Feds Arrest Man For Sharing “Deadpool” Movie on Facebook – Facing Three Years in Prison
Being arrested for criminal copyright infringement is not a topic we normally write about at Antonelli Law. But a TorrentFreak article about a man being indicted in federal court for sharing a movie online on Facebook really got our attention.
We normally write about civil copyright infringement cases commonly called “copyright troll” lawsuits for torrenting free movies like those filed by ME2 Productions (“Mechanic: Resurrection”), UN4 Productions (“Boyka: Undisputed”), or Malibu Media LLC These cases are commonly called “copyright troll” lawsuits .
According to the Indictment (click here to see it) Trevon Maurice Franklin aka Tre-Von M King shared the movie DEADPOOL on Facebook. You can also view the now-unsealed arrest warrant (click here).
Mr. Franklin must appear in the Los Angeles federal courtroom on June 27, 2017 according to this court document: USA v Trevon Maurice Frankline – Release and First Appearance
Mr. Franklin faces up to 3 years in prison.
The case, USA v Franklin 1:17-MJ-00099-SAB is pending in the federal courthouse in Los Angeles, California.
Want to Talk to Antonelli Law About Free Movie Downloading Cases Alleging Civil Copyright Infringement?
If you want to talk for free with a defense lawyer about a subpoena, summons, or motion to quash in a case filed by ME2 Productions, UN4 Productions, or Malibu Media LLC, use our contact form below or call us at 312-201-8310 nationwide. We’re the nation’s most experienced BT copyright defense firm.
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What Are Movie Downloading Cases in General About? What Are “Copyright Troll” Lawsuits?
If you want to read more, consider reading the article I wrote about “copyright troll” litigation which was published by the Illinois State Bar Association’s Intellectual Property Section:
Can Antonelli Law Help Me?
Copyright infringement lawsuits are based in federal law, so we provide affordable, experienced legal help anywhere in the United States. We’re the nation’s most experienced BT copyright defense firm, helping nearly 2,000 people across the country accused of downloading movies over the internet in these type of lawsuits. Antonelli Law will help you decide what to do about UN4 Productions letters, subpoenas, and summons.
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.
Remember, don’t panic. Learn the facts and your legal options by speaking for free to an Antonelli Law attorney confidentially at 312-201-8310 or use the contact form below.
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.
The lawsuits are premised on the US Copyright Act alleging copyright infringement through peer-to-peer file sharing.
Does the Movie Company Have Enough Data to Prove Its Claims?
In many free movie lawsuits, the movie company alleges that its agents obtained data from the alleged IP address of the defendant in what is called a BitTorrent “swarm” – which is one way people download large files.
How much data is enough for a legally sufficient lawsuit complaint?
In some cases, these lawsuits can be challenged because the Plaintiff must show:
- It has ownership of a valid copyright and
- The defendant violated the copyright owner’s exclusive rights under the Copyright Act.
In one case Antonelli Law defended (a different movie than the one here), on behalf of our client we contended that Plaintiff did not allege sufficient evidence to show that any of its copyrighted materials were violated. The movie company submitted a declaration of its agent (not the same as the company in this article) stating that “multiple bits were conveyed over [the] connection.” However, we argued, multiple “bits” of data do not translate to a viewable image close enough to approximate being substantially similar to the movie company’s copyrighted work.
As Law Professor Matthew Sag states in his recent 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 How Much Data Did the Movie Company Allegedly Observe From Defendants?
In at least one lawsuit, the movie company’s Complaint states that “Each Defendant had copied a piece of the Plaintiff’s Work identified by the Unique Hash Number”.
Is this all the evidence that they have?
If so, are these allegations in the lawsuit enough to withstand a motion to dismiss the Complaint under federal rule 12(b)(6)? A defendant will need to ask the judge to make that determination. It may cost more to do this than to settle, but this could be the right strategy for some who are targeted in UN4 Productions lawsuits.
Have You Received a Letter or Summons?
Have you received a letter, summons, or subpoena abouta BitTorrent copyright infringement lawsuit? If so, you may have questions regarding your legal options about defending yourself.
After being targeted you will see a letter from your internet company and may be followed by another letter from the movie company’s lawyer. You could also receive something called a Waiver of Service of Summons.
What Are These Lawsuits About?
- 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.
What Are Movie Downloading Cases in General About? What Are “Copyright Troll” Lawsuits?
If you want to read more, consider reading the article I wrote about “copyright troll” litigation which was published by the Illinois State Bar Association’s Intellectual Property Section:
Can Antonelli Law Help Me?
Copyright infringement lawsuits are based in federal law, so we provide affordable, experienced legal help anywhere in the United States. We’re the nation’s most experienced BT copyright defense firm, helping nearly 2,000 people across the country accused of downloading movies over the internet in these type of lawsuits. Antonelli Law will help you decide what to do about letters, subpoenas, and summons.
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.
Remember, don’t panic. Learn the facts and your legal options by speaking for free to an Antonelli Law attorney confidentially at 312-201-8310 or use the contact form below.
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.
The lawsuits are premised on the US Copyright Act alleging copyright infringement through peer-to-peer file sharing.
Antonelli Law’s Nationwide Local Counsel
Byron L Ames Nevada & Utah local counsel
Jeffrey Antonelli
Melissa Brabender
Mark Del Bianco Jurisdictions: Maryland, Washington DC
Leslie Farber Jurisdictions: New York, New Jersey, Pennsylvania
Peter Glazer Jurisdiction: Virginia
Tristan C. Robinson Jurisdiction: Texas
Recent Press on Antonelli Law
Click here for an NPR/WBEZ interview with attorney Jeffrey Antonelli.
“Often times people tell us, look, I can’t deal with this. This will put my job at risk. Or my reputation in the community–to have me named in a copyright lawsuit involving pornography could be devastating. So, I want to settle.”
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- Chicago Daily Law Bulletin article, quoting Jeffrey Antonelli
- Chicago NBC 5 television interview of Jeffrey Antonelli
- MotherJones on Dallas Buyers Club LLC Lawsuits, quoting Jeffrey Antonelli
- Grand Rapids WZZM television interview of Jeffrey Antonelli
- Detroit Free Press quoting attorney Jeffrey Antonelli
- Michigan’s State News quoting attorney Jeffrey Antonelli
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Remember, don’t panic. Learn the facts and your legal options by speaking for free to an Antonelli Law attorney confidentially at 312-201-8310 or use the contact form above.
What Steps Are in a Movie Download 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 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 Cable or other ISP letter informing you a subpoena was received to reveal your identity for a copyright infringement lawsuit, call Antonelli Law nationwide about your options including a motion to quash the subpoena at 312-201-8310.
Subpoenas and summons can be scary or inconvenient, but we can help you manage the risk and the hassle.
More Information About Antonelli Law’s Nationwide Defense Practice
Antonelli Law defense attorneys and local counsel are admitted to the district courts wherever copyright infringement 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 also defend you and help protect your anonymity in a lawsuit if circumstances allow.
Call us for a free consultation nationwide at 312-201-8310
Some of our attorneys are listed below. We represent clients nationwide including in Hawaii, California, Utah, Arizona, Nevada, Colorado, Texas, Illinois, Indiana, Michigan, Wisconsin, Louisiana, Georgia, New York, New Jersey, Pennsylvania, Maryland, Virginia, and Washington DC.
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