I was asked to look a case highlighted by SJD in her Blog (Fight Copyright Trolls – http://fightcopyrighttrolls.com/) – case #2:11-cv-03621-CCC -JAD – http://fightcopyrighttrolls.com/2011/09/04/an-overlooked-troll-lawsuit-%e2%80%9cbaseprotect-ug-ltd-v-john-does-1-x%e2%80%9d/#comment-480
Your situation is not bad, but you are still the subject of a Federal civil court case. What the Copyright Troll plans to do is try and obtain your name, address, telephone number, etc., from XXXXXXXXXXX (your Internet Service Provider (ISP)). After they obtain your information, you can expect the following:
You will receive a letter from:
THE McDANIEL LAW FIRM, PC
54 Main Street
Hackensack, New Jersey 0760 1
The letter will say something to the affect that your IP address was observed downloading/sharing a copyright protected movie. They will claim you had knowledge that the offense occurred or that if you didn’t your were negligent and still liable for the infringement. They will offer you the chance to settle with them for a couple thousand dollars (I would assume $2-3 thousand). If you choose to settle, they will remove your from the court case and keep you name out of the public. They will point out that if you fight them in court, it is likely to cost you far more money that what they want. They will give a telephone number to call and discuss the matter.
If you call them (I highly discourage this), they will try to get as much information from you on your particular situation. They will try to get you to admit that you or your family or friends did this and are liable. ANYTHING you say to them will used against you OR they will use it to prepare counter arguments. The Copyright Trolls only want you to settle and pay them money. This is a money making scam they are part of – And they are abusing the courts to do this. How much money – if you figure $2,000 for all the John Does in this case, they could make up to $2,898,000.00 (1449 John Does X $2000).
If you do not contact them, you will start to receive telephone calls and email messages from them. Each one will be more and more forceful with the threat of being named in a Federal law suit and having to pay thousands of dollars to defend yourself. My recommendations are to ignore the calls and emails. If you talk to them, tell them to stop calling and you plan to hire a lawyer to fight this.
Here are some facts for you.
3. The case this Troll filed is basically copied from earlier Copyright Troll law suits that have been failing in Washington DC, Northern District of IL, and the the Northern District of CA. The problem they have is there are so many John Does in each case, the Trolls can not show they ALL acted in concert together – thus they are improperly joined. It is NOT the nature of BitTorrent to have that many downloaders and seeders at one time. Also some judges are seeing this activity for what it is – a “fishing expedition” to get subscriber information from the ISPs. None of the multiple Trolls out there have gone ahead and taken anyone to court who fights. There have been a couple “default” judgments against people who ignore an official court summons. The Trolls don’t want to fight – if they lose, that sets the stage for more court battles and less settlements paid to them.
FOR THE DISTRICT OF NEW JERSEY
& U.S. Courthouse
402 East State Street Room 2020
Trenton, NJ 08608
54 Main Street
Hackensack, New Jersey 07601
6. You then need to fax a copy of the Motions to your ISP, so they will not give out your personal information until a judge rules on your motion.