Why Actual Damages — Not Statutory Damages — Are the Proper Remedy in BitTorrent Copyright Infringement Lawsuits Based on IP Address Evidence

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Attorney Rob Cashman of the Cashman Law Firm, PLLC differs from many copyright holders and believes statutory damages should not apply in BitTorrent copyright infringement cases based solely on IP address evidence. He argues that where plaintiffs lack PCAP data or proof of actual downloading, only actual damages are appropriate, and that using statutory damages as settlement leverage misuses the federal courts.

IP Address Evidence in Copyright Lawsuits: What It Proves—and What It Doesn’t

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an example of an IP address, creatively displayed on a license plate.

If you received a notice from your internet service provider stating that your IP address was linked to alleged copyright infringement, you are likely asking a very simple question: does this actually mean I’m guilty? In BitTorrent-based copyright lawsuits, IP address evidence is the starting point for nearly every claim—but it is also one of … Read more

Standing and ISP Subpoenas: Why Rule 45 Bars Most Subscriber Motions to Quash

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Standing and ISP Subpoenas: Why Most Subscriber Motions to Quash Fail Short Answer: Most John Doe subscribers cannot legally challenge ISP subpoenas under Federal Rule of Civil Procedure 45. The subpoena is issued to the ISP, not the subscriber, meaning subscribers usually lack standing. Filing a motion to quash can be ineffective, costly, and may … Read more

Surviving Your ISP Subpoena: What It Means for you as a John Doe Defendant

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isp subpoena letter walkthrough 1 1

In this article, you’ll learn how ISP subpoenas work in U.S. federal copyright infringement cases, including who actually receives the subpoena, what information can be compelled under Rule 45, and why John Doe subscribers typically are not required to respond. An ISP subpoena is a court order directing an Internet Service Provider to disclose subscriber … Read more