Legal Question in Intellectual Property in Massachusetts

I have received a letter from Comcast saying that my IP address was identified in a lawsuit for allegedly infringing copyrights and that unless I, or my counsel, file a Motion to Quash or Vacate the Subpoena, Comcast will release my information to the plaintiff.

I have not used the protocol they claim nor did I download or upload any files. I have secured my router since the notice and I have a question:

- Filing the Motion to Quash or Vacate the Subpoena needs to be sent to Comcast and the opposing legal team. Since the other party would see my name from this filing, does that not defeat the purpose of the motion to vacate the subpoena (to reveal my name)? If so, would filing as "John Doe (number)" work?


Asked on 7/16/12, 2:05 pm

1 Answer from Attorneys
Marina Lang

Good question. I have handled subpoenas like this before, and highly recommend that you have an attorney assist you with this. Depending on the proof that you have that you did not download any files, it may be that I could negotiate getting you out of this before you have to file anything (without revealing your identity). Also, there are ways to file a Motion to Quash that does not reveal your identity. But again, there is a lot of strategy and particulars involved with these types of subpoenas. Please call me for a free consultation.

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Answered on 7/17/12, 8:08 am


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