Headhunter, LLC Download Lawsuit Against PA Comcast Users: Who Did Their Surveillance? – Antonelli Law Defense

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Headhunter, LLC – The Company Behind the Movie “A Family Man” – is Suing PA Internet Users – But Mysteries Surround their Data

We noticed that Headhunter, LLC is suing Pennsylvania Comcast Internet users in federal court. Headhunter, LLC is the movie company behind the movie “A Family Man” and it is suing people for allegedly downloading or “streaming” its movie for free without authorization.

We already knew that Headhunter, LLC is suing internet users around the country. We know this  because we defend internet users across the country from these types of copyright infringement lawsuits. We keep a close eye on their court activity. And from this, we know that:

  1. Headhunter, LLC, is affiliated with Voltage Pictures which has earned a reputation for going after people it believes are illegally downloading its movies for free.
  2. Headhunter, LLC hires different lawyers to file their lawsuits in different states’ federal courts.
  3. And in this case, the movie company hired Media, PA attorneys Charles Thomas and Lee M. Herman of the CREATIVE RIGHTS LAW GROUP, PLLC to file the lawsuit.

But Where is the Copyright Infringement Evidence?

When we look closely at lawsuits of this type, we often find what is in our opinion a complete lack of evidence of copyright infringement in the lawsuit’s complaint.

And this lawsuit is no different. In this lawsuit Complaint, Headhunter LLC v Does 1-15 2:17-cv-02985-PBT filed on July 3 2017, we find that:

  • No allegation was made of how much data was allegedly transferred by any Defendant to the movie company’s surveillance company.
  • No mention of the name of the supposed “consultant” that Headhunter, LLC used.

Headhunter, LLC does say in its motion to the Court requesting permission to issue a subpoena to Comcast that they retained Maverickeye UG. Whether this is enough to allow the lawsuit Complaint to withstand a legal challenge remains to be seen.

In fact, the only real statement the lawsuit makes is the following:

“During the period beginning on or about June 6, 2017, and continuing through June 17, 2017, plaintiff’s consultant did receive one or more pieces of a Torrent bearing the descriptive title A.Family.Man.2017.720p.WEBDL.999MB.ShAaNiG.mkv” (bold added)

One or more “pieces”? Is that all?

By their own admission in the lawsuit Complaint, the movie file could be approximately 1000-2500 pieces. How can they plausibly allege copyright infringement when they only allege  seeing “one piece” – assuming this is even true – when it may not even be enough to be a viewable image?

In addition, in their motion to the Court asking for permission to subpoena Comcast for the Defendants’ identities, the motion only says that MaverickEye UG and Daniel Arheidt “downloads a portion of the suspected infringing material; the IP address of the infringing user is recorded” (bold added)

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

  1. Headhunter, LLC lawsuit Complaint alleging copyright infringement for the  movie “A Family Man”
  2. Headhunter, LLC’s Motion to the Court asking permission to issue a subpoena to Comcast Cable to reveal the names and addresses of people whose Comcast internet account had the IP addresses it says downloaded the movie.

In our review of these court filings, in our opinion Headhunter, 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 Headhunter, 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

Because of this and 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. Simply stated, when we looked at the court filings by Headhunter, LLC we found very little to support the idea they can prove copyright infringement against these Defendants.

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 Headhunter, LLC 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:

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

The Evidence Needed to Prove Copyright Infringement by Headhunter, LLC

Headhunter, 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.

As we described above, in our opinion the lawsuit Complaint fails on both of these counts. We will have to see if the federal Court agrees.

Filing a motion to quash subpoena or filing a motion to dismiss if you are served with summons may cost more than it would be to hire us to help you settle anonymously, but this could be the right strategy for some who are targeted in HEADHUNTER, LLC lawsuits.

Contact Antonelli Law For Free

We have local counsel on our team to help us fight the Headhunter, LLC case in Pennsylvania.

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 resolve copyright infringement actions made by movie companies like Headhunter, LLC. We will answer your questions honestly and help you decide the best course of action for you.

What You Can Expect in Our Free Headhunter, LLC Lawsuit Consultation

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 HEADHUNTER 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 Headhunter, 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 Movie Download Copyright Infringement Lawsuits About?

Headhunter 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 Headhunter 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.

Antonelli Law Can Help those Targeted by Headhunter, LLC

The Headhunter, 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.

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.

What have we seen for the past six years? Overall, these BitTorrent copyright infringement lawsuits all have the same thing in common: 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. See below for important information about these cases written recently by a law professor, Loyola Law Professor Matthew Sag.

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

We have defended our clients against over 50 different movie companies across the country. In the 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.

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.

Start Here For More Information – And Free Explanations

If you are reading this article because you received a letter from your ISP internet company about a Headhunter 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 movie company’s lawyers?

If you received a letter from the movie company’s lawyers about the Cook Productions, Inc. 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’s lawyer will lead to an unfair default or consent judgment against them. Please speak with an attorney experienced in movie download federal copyright lawsuits.

Call us for a free consultation at 312-201-8310. or use the contact form above if you initially wish to use email.

What Are These Lawsuits About?

Headhunter, LLC. accuses defendants of copyright infringement by using software such as BitTorrent and the internet to obtain the film “A Family Man” 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.

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:

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?

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.

Call us today for a free consultation at 312-201-8310 nationwide or use the contact form below. Don’t panic. Learn the facts and speak for free, confidentially, with our experienced attorneys.

 

What Are the Steps in a Headhunter 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 Headhunter LLC subpoena will probably be enclosed.

The Headhunter 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 Headhunter 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 Headhunter LLC lawsuit if circumstances allow.

Who Are Our Local Counsel?

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

Leslie Farber  Jurisdictions: New York, New Jersey, Pennsylvania

Leslie Farber – New York, New Jersey, Pennsylvania

Peter Glazer  Jurisdiction: Virginia

Virginia copyright defense attorney Peter Glazer

Tristan C. Robinson Jurisdiction: 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.

 

Headhunter 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.

List of Headhunter LLC Cases Filed by State

Headhunter, LLC has filed the following cases:

New York:

  • Headhunter, LLC v. Doe-72.80.132.46 et al 1:17-cv-05895
  • Headhunter, LLC v. Does 1:17-cv-05314 173.56.227.169 et al
  • Headhunter, LLC v. Does 1:17-cv-0415569.124.0.132 et al

North Carolina:

  • Headhunter, LLC v Does 1-8 1:17-cv-00545
  • Headhunter, LLC v Does 3:17-cv-00342
  • Headhunter, LLC v Does 1-11 5:17-cv-00325
  • Headhunter, LLC v Does 1 et al 5:17-cv-00318
  • Headhunter, LLC v Does 1-9 5:17-cv-00310
  • Headhunter, LLC v Does 1-9 5:17-cv-00296
  • Headhunter, LLC v Does 1-10 2:17-cv-00029

Pennsylvania:

  • Headhunter, LLC v John Does 1-11 2:17-cv-02986
  • Headhunter, LLC v John Does 1-10 2:17-cv-02985

Texas:

  • Headhunter, LLC v. Does 1-17 4:17-cv-02352

Virginia:

  • Headhunter, LLC v. Does 1-9 5:17-cv-00069
  • Headhunter, LLC v Doe-73.191.98.246 1:17-cv-00793

 

See Also:

What’s In a Settlement Agreement? Confidentiality Clauses! No Admission of Guilt! – Antonelli Law

ISP Copyright Infringement Letters – What to Do – Antonelli Law Defense

We File Motions to Quash Subpoenas – Free Consultation With Antonelli Law Defense

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

A Warning About Using Popcorn Time

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