You’re a target of a movie downloading lawsuit. Your first notification will be from your internet company (like Comcast). The notice will tell you the movie company subpoenaed it to release your name and address. The subpoena from ME2 Productions, Malibu Media LLC, Cook Productions, etc is usually subject to your filing a motion to quash (or vacate) the subpoena in the federal court that the copyright infringement lawsuit was filed in.
Antonelli Law has defended nearly 2,000 people across the country during the last 5 years in move downloading lawsuits. How many times have we filed a motion to quash a subpoena? Probably less than a dozen. Why so few times? As explained in our Motions to Quash page on our law firm website, we felt that most of the time the motions to quash failed to resolve the case and get rid of the client’s problem – even if the motion to quash was a winner.
But sometimes we think it is best thing to do. Last week we filed a motion to quash in federal court with several bases (not all are stated here):
The client was in a different state than the federal court where the lawsuit was filed, and therefore the court lacked jurisdiction over the internet account holder.
The lawsuit’s complaint alleging copyright infringement really only alleged that a few “bits” of data were directly observed transmitted with the IP address in question. That’s not enough to make out a copyright infringement claim. Therefore, if the court should throw out the lawsuit’s complaint, it should quash the subpoena.
We wait to see what the judge’s decision will be. One judge’s decision in the trial court is not binding on any other judge, so whatever the decision is in our case it could be very different in yours. But if we win the motion, it just may encourage us (and our clients) to file more motions to quash the subpoena.
Contact Us at Antonelli Law – Free Consultation
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:
We’re the nation’s most experienced BT copyright defense firm. Antonelli Law will help you decide what to do about move download related letters, subpoenas, and summons. We have helped many people across the country (nearly 2,000) accused of downloading movies over the internet in these type of lawsuits.
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.
Call us nationwide at 312-201-8310 for a free lawyer consultation or to obtain our help.