POW Nevada LLC Sues Hawaiian Users for “Revolt” Copyright Infringement
Hawaiian internet users of Hawaiian Telcom, Time Warner Cable, Verizon Wireless, and Sprint PCS are being sued for illegal downloads of the 2017 science fiction film “Revolt”. POW Nevada LLC, the movie company behind the movie, is the lawsuit plaintiff. POW Nevada is an affiliate of Voltage Pictures which has a reputation for aggressively filing copyright infringement claims in court.
If you are targeted, your first notice of the copyright infringement lawsuit will be a letter from your internet company telling you it received a subpoena from POW Nevada LLC to reveal your name and address relating to the copyright infringement lawsuit.
You have several options:
Contact us for a free confidential consultation with Antonelli Law (link) about each of these legal options. Call us at 312-201-8310 or use the contact link above.
The information that follows gives a brief introductions as to the above options and we hope the information in this article is helpful to you. Note: Nothing in this article is legal advice. Consult with an experienced attorney to discuss your individual circumstances.
Sometimes, people are most comfortable trying to settle these lawsuits soon after receiving the letter their internet company. Nationwide, this includes copyright infringement notices from AT&T, Comcast, CenturyLink, Hawaiian Telcom, Spectrum, Sprint PCS, Time Warner Cable, or Verizon Wireless. For these people they will inform an attorney at Antonelli Law that for personal or business reasons they prefer to settle the case anonymously using our legal services. This must be done before the date the internet company has to disclose their name and address to the movie company’s lawyers.
In order to settle the lawsuit anonymously, it may be unfair but the only way to do it is to hire an attorney. Antonelli Law provides this out of court service for a flat legal fee of $1,000 which includes: keeping you anonymous while negotiating a settlement price, ensuring the terms of the settlement contains proper confidentiality and a comprehensive release of liability, and that a proper dismissal order is enter by the federal judge in your case.
Filing a Motion to Quash Subpoena in a POW Nevada LLC Lawsuit
Antonelli Law files motions to quash subpoenas and has been successful, although lawyers cannot guarantee a result in your case. Filing a motion to quash subpoena in a POW Nevada LLC lawsuit in Hawaii yourself without an attorney and without revealing your name will require an extraordinary amount of work for the reasons that follow.
For many federal judges, “the rules are the rules” and that means revealing your name for all paperwork filed in court, unless you are represented by a lawyer. Following are two recent cases where people tried to file their own motions to quash subpoena without revealing their name in a BitTorrent copyright infringement case, but their efforts were denied by the judge. You can see yourself what you would need to do to even have a chance at the judge actually look at and decide your motion to quash subpoena:
Example 1: Doe Defendant filed their own motion to quash subpoena before Hawaii federal Judge Hegarty in the movie download case involving UN4 Productions and the movie “Boyka 4”.
UN4 Productions order denying John Doe MTQ 17-cv-01419
Example 2: Doe Defendant filed their own motion to quash subpoena before Hawaii federal Judge Hegarty in the movie download case involving Venice PI LLC and the movie “Once Upon a Time in Venice”.
Venice PI, LLC Order Denying wo prejudice Doe 5 Motion to Dismiss and Quash Subpoena 17-cv-01664 CO
Again, it is unfair but to file a motion to quash subpoena yourself without revealing your name is extremely difficult without hiring an attorney to do it for you. Different rules apply for people who are represented by an attorney.
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 POW Nevada LLC, Inc., Venice PI, LLC, UN4 Productions, 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.
Avoiding this kind of morass is one reason why hiring Antonelli Law to file a motion to quash subpoena anonymously for you is a valuable service. Its simply too difficult and time consuming to try to do it yourself.
For a free confidential consultation call Antonelli Law at 312-201-8310.
WHY WOULD A DEFENDANT IN THE POW NEVADA LLC, INC CASE FILE A MOTION TO QUASH SUBPOENA?
The best 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 before the expensive litigation processes of discovery and motions for summary judgment are filed.
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 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 Hawaii effectively resolve copyright infringement actions made by movie companies like POW Nevada 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 POW NEVADA 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.
But Where is the Evidence?
For the reasons that follow below, we believe filing a motion to quash subpoena to stop the Comcast Cable or CenturyLink from releasing the names and addresses of the unnamed Defendants could be justified. Stated simply, when we looked at the court filings by POW Nevada LLC, Inc we found what is in our opinion a complete lack of evidence of copyright infringement in the lawsuit’s complaint.
The Evidence Needed to Prove Copyright Infringement by POW Nevada LLC, Inc
POW Nevada LLC, Inc must show to the Court that:
- It has ownership of a valid copyright and
- The defendant violated the copyright owner’s exclusive rights under the Copyright Act.
We Could Not Find Sufficient Allegations of Evidence by POW Nevada LLC
We examined the court filings of POW Nevada LLC, Inc. in case number 1:17-cv-02186 POW Nevada, LLC v. Does 1-20 filed in the United States District Court for the District of Hawaii. 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 viewing the embedded Complaint below for District Court of Hawaii POW Nevada LLC v Does 1-10.
Complaint POW Nevada LLC v Does 1-10 17-cv-00479 Hawaii
In our review of these court filings, in our opinion POW Nevada LLC, Inc. has simply failed to allege sufficient evidence to show that its copyright was violated by the defendants it accuses.
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
All the Complaint says (in Paragraph 46) is “Each Defendant had copied a piece of the Plaintiff’s Work identified by the Unique Hash Number” (bold added). So what’s in a “piece”? Is it enough data to even display one image frame of the movie? Or is it even less than that?
Lawsuit Complaint for case number 1:17-cv-02186 POW Nevada, LLC v. Does 1-20 filed in the United States District Court for the District of Hawaii:
POW Nevada LLC Complaint 17-cv-02186 Does 1-20 Hawaii
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
- File 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 POW Nevada LLC, Inc. lawsuits. If the judge agrees when looking to the motion to quash subpoena that the Complaint is not sufficient, the judge could kill the case of permanently. It is also possible the judge could allow the movie company another chance to make a better Complaint with better evidence allegations. Whether the “amended complaint” would be good enough for the case to proceed further or not simply cannot be predicted. You won’t know until you try.
More information on the POW Nevada LLC 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?
POW Nevada LLC accuses defendants of copyright infringement by using software such as BitTorrent and the internet to obtain the film “Revolt” 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 POW Nevada 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 in Hawaii 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 POW Nevada LLC Lawsuits Are the Same as Many Other Movie Download Lawsuits – And Antonelli Law Knows How to Protect You
Overall, these POW Nevada 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
Antonelli Law’s founder attorney Jeffrey Antonelli is admitted to federal court in Hawaii.
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 POW Nevada 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 POW Nevada 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 POW Nevada LLC movie company lawyers?
If you received a letter from the movie company’s lawyers about the POW Nevada 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 may receive a Waiver of Service of Summons form in the mail from the POW Nevada LLC movie company lawyer, and this could 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 POW Nevada 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:
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 POW Nevada 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 POW NEVADA 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, CenturyLink, COX, or Verizon informing them of the copyright infringement allegations. A copy of a POW NEVADA LLC subpoena will probably be enclosed.
Who Are Our Local Counsel?
Hawaii – Jeffrey Antonelli
Jurisdictions: Illinois, Indiana, Hawaii, Michigan, Wisconsin, and others through pro hac vice
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
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.
POW Nevada LLC subpoenas and summons can be scary or inconvenient, but we can help you manage the risk and the hassle.
Antonelli Law 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 POW Nevada LLC, Inc.
POW Nevada LLC has filed the following cases:
- POW Nevada, LLC v. Does 1-10 1:17-cv-00479
- POW Nevada, LLC v. Does 1-20 1:17-cv-02186
POW Nevada LLC is represented in Hawaii by attorney Kerry S. Culpepper of the law firm Culpepper IP