Copyright Infringement – Illegal Downloading
Lambert & Lambert PLC has represented a number of individuals in cases involving claims that they illegally downloaded a copyrighted work (such as a movie, software, music, etc.). The lawsuit typically begins with the copyright owner suing numerous “John Does”, each of whom are associated with an IP address. Below is a guideline as to the typical process involved in illegal downloading cases:
- You have accessed the internet through an internet connection.
- You or someone with access to your internet connection installs torrent software (like BitTorrent, μTorrent, or BitComet), a web browser, or other peer-to-peer file sharing software (Kazaa, Bearshare, LimeWire, etc.) on a computer.
- Through the use of such software, a movie, video or music is downloaded to a computer with access to your internet connection.
- The company that owns the copyright to the illegally downloaded material identifies your internet connection’s IP address as having been involved and connected to the illegally downloaded material.
- The copyright owner files a lawsuit against numerous “John Does” and attaches a list of IP addresses, each of which is associated with a particular John Doe (i.e., John Doe #2).
- The copyright owner issues a Subpoena to your internet service provider (ISP) (i.e., Comcast, Charter Communication, etc.) requesting the ISP to disclose your name and contact information.
- You then receive a letter from your ISP with a copy of the Subpoena stating your IP address has been connected with one or more illegal downloads of a copyrighted work. Your ISP will release your personal information to the copyright owner unless you take action prior to the deadline listed in the letter.
If you are in the position described above, please contact attorney Daniel Lambert at (248) 642-7774 to schedule a free consultation to discuss your legal options.