Legal Question in Intellectual Property in California

File Sharing Copyright Lawsuit

I have been notified by my internet provider that they have been subpoenaed by a record company for records of my IP address ( for a specific date and time ) relating to my having dowloaded music through a file sharing ( peer to peer ) service. The suit was filed in the U.S. District Court for the Northern District of Georgia and involves 142 other customers of my internet provider, per their communication to me. I was actually not aware that file sharing was illegal at this time, but I guess that's beside the point. I have not spoken to anyone in any official capacity regarding this and I have not retained an attorney. My questions are all about how best to proceed to the fastest, least expensive resolution to this situation. Do I really need an attorney to settle...??? Assuming I do settle, how does the payment work...?? Any help you can give me would be GREATLY appreciated.....

Also...Any tips on how to sleep at night with this hanging over me..??

Thanks,

Marshall


Asked on 12/04/05, 7:52 pm

3 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: File Sharing Copyright Lawsuit

I think it (hiring an attorney) may be premature at this time. You haven't been subpoenaed, let alone sued, at this time. My suggestions would be (1) read you mail carefully, looking for anything relating to charges or demands against you; (2) search the Web for information about what this record company is doing to enforce its copyrights; (3) search the Web for information about music copyright cases in general, to get a better feel for how these matters develop and progress; and (4) scupulously avoid further violations or anything that might be charged as a violation. Get a lawyer if and when you are personally sued or threatened with suit.

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Answered on 12/05/05, 11:56 am
Richard Jefferson M.E.T.A.L. LAW GROUP, LLP

Re: File Sharing Copyright Lawsuit

Marshall,

To add to my earlier comment, even if you do not retain an attorney at this time you must follow the procedure of the letter.

These claims are only brought against people who are caught with undisputable evidence (IP addrsses that are immediately traced to file sharing...they can pinpoint your computer that way). It is an attempt by the RIAA to discourage file sharing and they are using you (and the others that were noticed) as examples. Search the internet about this practice and you will be able to learn more about the latest wave.

If this is like the last wave of cases, you are currently only named as a doe in the proceeding right now so you have not been subpoenaed. I suggest that you stay informed as things progress but do not ignore this matter because it will cost more to defend yourself once you are named as a party.

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Answered on 12/06/05, 12:52 am
Richard Jefferson M.E.T.A.L. LAW GROUP, LLP

Re: File Sharing Copyright Lawsuit

Hello Marshall,

I have facilitated a couple of these claims. This is a serious issue but can be resolved in a systematic manner if you act promptly. Basically, you have to settle or it could turn into a big deal. I assume that you received a letter.

Of course, the final decision is yours but in my experience and what I have heard you will settle for less by using an attorney. Give me a call if you would like to retain me to resolve the matter.

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Answered on 12/04/05, 9:44 pm


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