WALK ME THROUGH THIS.

Fallen Productions actually sent me a frightening ISP subpoena letter. Can you advise me on how to best avert this colossal crisis before the deadline?

WALKTHROUGH (I AM A “JOHN DOE”): WHAT IS THE EASIEST WAY TO UNDERSTAND THE ISP SUBPOENA NOTIFICATION LETTER THAT I RECEIVED AND WHAT ARE MY OPTIONS ON HOW TO PROCEED?

WALKTHROUGH (I WAS SERVED): I WAS JUST NAMED AND SERVED AS A DEFENDANT (RECEIVED A SUMMONS). WHAT DO I DO AND HOW LONG DO I HAVE TO RESPOND?

WHO IS SUING:

FALLEN PRODUCTIONS, INC.

WHAT ARE THEY SUING FOR:

THE UNLAWFUL DOWNLOAD OVER TIME OR STREAMING OF THE “ANGEL HAS FALLEN (2019)“ MOVIE.

WHAT DO THEY WANT:

ONE SETTLEMENT FOR THE UNLAWFUL DOWNLOAD OR STREAMING OF THEIR COPYRIGHTED “ANGEL HAS FALLEN (2019)” MOVIE.

HOW ARE THEY SUING?

THEY FILE A COPYRIGHT INFRINGEMENT LAWSUIT IN FEDERAL COURT AGAINST MULTIPLE UNKNOWN “JOHN DOE” DEFENDANTS HAVING KNOWN IP ADDRESSES. USUALLY 20-35 DEFENDANTS PER CASE. JUDGE ALLOWS THEM TO SEND A SUBPOENA TO THE ISPs FORCING THEM TO PROVIDE THEM EACH ACCUSED “JOHN DOE” DEFENDANT’S CONTACT INFORMATION (AND OTHER RELEVANT INFORMATION).

HOW FAR ARE THEY WILLING TO GO?

DEPENDS ON WHICH FEDERAL COURT THE CASE IS FILED IN. DEPENDS ON THE PROCLIVITIES OF THE PLAINTIFF ATTORNEY / THE FALLEN PRODUCTIONS, INC. LOCAL COUNSEL, AND WHETHER HE/SHE IS WILLING TO NAME AND SERVE EACH DEFENDANT, AND WHETHER HE/SHE IS WILLING OR ABLE TO CONDUCT DISCOVERY.

STRATEGIES:

1) HAVE AN ATTORNEY DEFEND THE CLAIMS IN LITIGATION (RESULT: ATTORNEY FEES, NOT REFUNDABLE; EVENTUAL DISMISSAL).

2) HAVE AN ATTORNEY NEGOTIATE A SETTLEMENT COVERING ALL PAST CLAIMS OF COPYRIGHT INFRINGEMENT FOR THE “ANGEL HAS FALLEN (2019)” MOVIE.

SETTLEMENT WILL BE BASED ON THE PROFILE OF THE DOWNLOADER (DEMOGRAPHIC, INCOME, AND SOCIAL NETWORK INFORMATION). Â AMOUNT OF SETTLEMENT WILL TAKE INTO CONSIDERATION WHAT OTHER DOWNLOADS HE HAS DOWNLOADED, AND WHAT OTHER MOVIES HE HAS SEEN (AND WHETHER THOSE MOVIES ARE CLIENTS OF THE PLAINTIFF ATTORNEY).

ABILITY TO PAY AND WHETHER THE DOWNLOAD ACTUALLY HAPPENED (OR WHETHER THE MOVIE WAS ACTUALLY STREAMED) IS A RELEVANT FACTOR IN CONSIDERING THE SETTLEMENT AMOUNT.

3) HAVE AN ATTORNEY ACT AS A BUFFER BETWEEN YOURSELF AND THE PLAINTIFF ATTORNEY. Â THIS IS OFTEN CALLED THE “IGNORE” ROUTE BECAUSE NEGOTIATING A SETTLEMENT IS * NOT * THE INTENDED OUTCOME.

– FOR A DEFENDANT WHO DID NOT DOWNLOAD OR STREAM THE MOVIE: THE GOAL OF THE “IGNORE” ROUTE IS TO KEEP AN OPEN LINE OF COMMUNICATION WITH THE PLAINTIFF ATTORNEY TO CONVINCE HIM/HER THAT THE ACCUSED JOHN DOE DEFENDANT IS NOT THE DEFENDANT THE ATTORNEY IS LOOKING FOR — THAT HE DID NOT DOWNLOAD OR STREAM THE “ANGEL HAS FALLEN (2019)” MOVIE, AND THAT HE IS NOT INTERESTED IN PAYING A SETTLEMENT.

– FOR A DEFENDANT WHO DID DOWNLOAD OR STREAM THE MOVIE: THE GOAL OF THE “IGNORE” ROUTE IS TO CREATE A BUFFER ZONE BETWEEN THE PLAINTIFF ATTORNEY AND THE ACCUSED JOHN DOE DEFENDANT.

THE GOAL IS TO STOP THE PLAINTIFF ATTORNEY FROM HAVING ANY COMMUNICATION WITH THE DEFENDANT, TO STOP ALL CORRESPONDENCES AND SETTLEMENT DEMAND LETTERS, AND TO FUNNEL ALL COMMUNICATIONS THROUGH THE OFFICE OF THE CASHMAN LAW FIRM, PLLC. WE WOULD MONITOR THE CASE FOR CHANGES THAT AFFECT YOUR JOHN DOE ENTITY, AND WE WILL BE YOUR EYES AND EARS UNDERSTANDING EVERY EVENT THAT OCCURS IN THE CASE, AND WHAT THE RELEVANCE OF EACH EVENT IS.

THE INTENDED OUTCOME IS FOR THE PLAINTIFF ATTORNEY TO DECIDE TO NAME AND SERVE OTHER DEFENDANTS (AND THIS DOES HAPPEN). HOWEVER, SHOULD YOUR DEFENSE ATTORNEY DECIDE THERE IS A “HIGH RISK” OF BEING NAMED AND SERVED, SETTLEMENT WILL BE SUGGESTED.

4) HAVE AN ATTORNEY DRAFT A “NO SETTLEMENT LETTER” ON YOUR BEHALF INFORMING THE PLAINTIFF ATTORNEY 1) THAT NOBODY IN THE FAMILY WATCHED OR DOWNLOADED THE MOVIE, AND THAT 2) NO SETTLEMENT WILL BE PAID, PERIOD.

NOTE: A “NO SETTLEMENT LETTER” IS A DISCOUNTED MEANS OF INFORMING THE PLAINTIFF ATTORNEY THAT NO SETTLEMENT PAYMENT WILL BE MADE, AND THAT HIS CHOICE IS EITHER TO NAME AND SERVE THE DEFENDANT OR LEAVE HIM BE. BECAUSE THIS IS A DISCOUNTED “BAREBONES” STRATEGY, NO FURTHER COMMUNICATION WILL BE MADE WITH THE PLAINTIFF ATTORNEY.

RESOURCES:

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