Arizona is one of my favorite states. We planned on another family vacation in Tucson last month in January, but work needs won out. I like the Arizona weather (except summer heat and monsoons), colors of the landscape and the sky (check out these sunsets). I want to bring my drone there again to take pictures and record the landscape of our old family property located outside the city limits.
Recently, however, Arizona is suddenly becoming home to the “copyright troll” phenomenon at least in terms of the filing of multiple-defendant copyright infringement lawsuits alleging use of the BitTorrent software protocol to illegally download protected movies. If you have been targeted by these lawsuits, scroll down to obtain a free initial consultation with the federal copyright infringement attorneys of Antonelli Law.
We first reported the filing of a 16 defendant “John Doe” lawsuit filed by PTG Nevada LLC several weeks ago. That lawsuit alleged infringment of the film “Pay The Ghost” featuring Nicholas Cage and Sarah Wayne Callies.
Since that time, two more lawsuits have been filed:
What Are These Lawsuits About? What Will the Judges Do?
Copyright holders have legitimate intellectual property rights and the US Copyright Act is there to protect them. But many scholars and judges believe these kind of lawsuits are an abuse. Others may see it as simply an effort to combat the widely acknowledged phenomenon of digital piracy.
Sometimes, the federal judiciary in a state make a few rulings that make clear to the plaintiffs that filing these kinds of lawsuits are not welcome in their district. This has happened in New York, Florida, Virginia, and the Central District of Illinois. Will having three movies of this kind hitting the federal docket in Arizona spur the judges there to think Three’s a Crowd and then do the same? We will just have to see what happens when the plaintiffs request “early discovery” to issue subpoenas to the ISPs to reveal the internet subscribers’ identities.
What is the common thread between these movie-based BitTorrent copyright infringement lawsuits in Arizona? As is often said in lawsuits, the “investigation continues.”
More Information on Defending These Lawsuits
A recent law article on the rise of “John Doe” lawsuits alleging BitTorrent copyright infringement can be found here for more information. Additionally, several blogs can be helpful for those dealing with this kind of lawsuit for the first time: fightcopyrighttrolls.com and dietrolldie.com. Both bloggers offer information and advice resulting from their being wrongfully accused of BitTorrent copyright infringement. Neither of those bloggers are lawyers and do not offer legal advice, but can be extremely good resources if you are feeling panicked.
We Can Help
Antonelli Law can help you nationwide if you have received an ISP letter informing you a subpoena for your identity was received, or if you are served with a summons or waiver of service.
If you are targeted and receive a letter from your ISP notifying you a subpoena was received to reveal your identity about the PTG Nevada LLC lawsuit, the Fathers and Daughters Nevada LLC lawsuit, or the QOTC Film Investment lawsuit there are several options. One of which in this case may be to ignore the letter (NEVER ignore being served with summons. Immediately consult with an attorney). Among several other options are to fight and defend yourself in court, settle anonymously through an attorney, or file a motion to quash. However the usual caveats about motions to quash still apply.
For immediate advice and a free initial consultation call attorney Jeffrey Antonelli at 312-201-8310 or fill out our simple contact page or email us with a request to call you back at a time that is convenient for you. 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. Attorney referrals accepted.
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