Have you been surprised by a letter from your internet company or a lawyer that suggests you are liable for copyright infringement for movies shared on BitTorrent?  

Letters like these are routinely mailed by the thousands to people who have no liability at all.  You could be next. Here is what you need to know to find the right attorney for you.

I didn’t download the movies they say I did. What can I do?

You are not liable if you neither copied the movie nor encouraged others to do so. The standard letter that one internet provider has been sending to its own customers may give the impression that the customers are liable already. That is not the case, but the people making a living from these cases want you to believe that there is evidence against you.  

If you have not downloaded the movies claimed, you can fight back and not pay the demands made by some of the lawyers who manage these cases. Note that you will lose the case automatically if you do nothing. This is called a default judgment. This is why you need to talk to a lawyer as soon as possible.

Are there lawyers who can help me?

In Illinois, there are two sets of lawyers who take these cases on behalf of defendants. Know the difference.

First, there are some who encourage their clients to settle even if they didn’t do anything wrong. They take at least a thousand dollars and have you pay a thousand or so to the copyright owner.  

I don’t like this approach for defendants who haven’t copied or infringed in any way. Since these copyright claims are based on weak evidence and misrepresentations, a person innocent of infringement should not pay anything to the copyright trolls or plaintiffs.

Second, there are attorneys fighting to stop this racketeering enterprise.  You will recognize them by how they explain the legal issues to you. If they tell you that they will not settle if you did not infringe, you have found the right people.

Several organizations have attorneys who have taken these cases pro bono (at no charge) for people who qualify. Chicago Volunteer Legal Services (CVLS) and Lawyers for the Creative Arts (LCA) have both provided representation in these matters at no charge. There are also many attorneys who work at low rates to stop this fraud.

What happens in a typical case like this?

In the cases that I have seen over the past 3 years, people are first victimized by their own internet service providers (“ISPs”). Yes, the ISP sends a letter to many of its customers that provides false and disturbing information. The letter says that the ISP has received a subpoena, which may be true. But it also says  that the ISP will share your name address, and other information if you fail to get rid of the subpoena. This is not true. The subpoena demands name and address only. At one time, more was requested. That is no longer the case. . . at least not in any matter that I have seen in recent years.

How do you know this is happening?

A few years ago, my friend’s housemate received a summons for a copyright infringement case in federal court. The summons was attached to a letter that said something like this:

“Pay us $3,900 in ten days or we will increase our demand to $5,900. We have evidence that you infringed on our client’s copyrighted property. This can cost you $150,000. We are providing you this courtesy of asking a small amount instead. Lawyers’ fees are expensive. Save yourself thousands of dollars by paying right away.  We take credit cards or PayPal or a cashier’s check or money order.”

Before receiving that letter, the housemate had received a notice from their ISP that looked like a hoax.  It was poorly written, had incorrect information, and misrepresented the law on copyright infringement. It was that letter from the lawyers and the letter from the ISP that captured my interest and brought me out of retirement. I was able to get the judge to dismiss the case. In another case, the plaintiff dismissed their own case after I requested more information (called “discovery” in the legal world).

Conclusion

The lawyers who bring these cases are making money from shaking trees and not winning cases on the merits. These cases are winnable for any lawyer who is interested in filing the motions and doing a bit of federal legal work. But make sure you find one who will represent you honestly, and not take advantage of you.

This information is posted as a public service by Illinois Legal Aid Online and its partners. Its purpose is to inform people of their legal rights and obligations. Talk to a lawyer if you have questions about how this information applies to you.