FAQ for Bittorrent Cases: Or, “I got a letter from my
ISP and…”
Hire an attorney. If they do not acknowledge the fact that you
are represented, and continue to contact you, the law firm or the
copyright holder may be liable for $1000.00 per violation under the
Fair Debt Collection Practices act.
I would love to get my hands on the neck of a Plaintiffs attorney if
they were trying to double-dip one of my clients. As far as we
all know, there is no such list. Any attorney attempting such
extortion should likely be disbarred.
Most settlements are very straightforward. Most of them are
commonly slanted toward the Plaintiff, but this is typical. The
settlements can be renegotiated, however, the negotiations adding or taking away
certain clauses means that you will be paying an attorney you are
using to settle more than you otherwise would if you just accepted the Plaintiff's terms.
I want a wand that is truly magical and can create any food that I
can imagine. This is not going to happen. A motion to quash
is not usually a magic bullet, but it has been, in some cases, in some
jurisdictions. The best option is always to hire an
attorney in that area and inquire about the status of those sorts of
cases.
In other jurisdictions (South Florida, Miami-Dade and D.C.) identity
discovery through IP addresses, without any accountability for the
accusations made, is being abused by those who use speculative
invoicing as a way to earn a living. If you do not believe that
jurisdiction has been an issue for them, you will see that test cases
have popped up all over the country. They are constantly looking
for new locations and new courts to collect more information regarding
ISP subscribers. The more letters they write and the more contact
that is made, the more profitable their business.
If you want all of this to go away, form a collective effort to never
pay any settlements. Form a collective effort to take every case
to trial. However, it would be hard to convince a guilty party
to not settle when facing possible actions against them in federal
court.
Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726
graham@syfert.com