We Focus on Subpoena Notices.
Our Cashman Law Firm, PLLC firm is focusing our efforts in representing clients who have received subpoenas in the following movie-based bittorrent lawsuits. In each case, deciding whether to file a motion to quash a subpoena issued to the ISP (and forcing it to reveal the identity of the subscriber who is sued) is one of the first decisions that client will make in the course of his lawsuit.
“John Doe” cases and what we know about them:
Why discussing a motion to quash a subpoena is relevant in a bittorrent lawsuit.
In each of these lawsuit subpoena cases, a movie company or copyright holder filed a copyright infringement lawsuit against ISP account holders.
Judges allowed the copyright holders to send subpoenas to the account holders, and the ISPs sent out lawsuit subpoena notices to inform the account holders that they have been implicated as a John Doe Defendant in this case, and that the subpoena obligates them to hand over your contact information to the plaintiff attorney unless you file a motion to quash the subpoena.
Whether and how to file a motion to quash a subpoena sent to your ISP is the first obstacle you’ll face when you are informed that they are about to reveal your identity without any resistance.
Unfortunately, there are no motion to quash forms to fill out, and a motion to quash a subpoena should be filed by an attorney. So now you need to go search for an attorney. How are you going to pay for all of this!?
IN THEORY: Benefits in filing a motion to quash a subpoena.
If it actually worked, the benefits of filing a motion to quash a lawsuit subpoena would be numerous. If successful, a motion to quash would possibly stop your ISP from disclosing your identity to the copyright troll who is suing you. Without your identity information, those who have sent the lawsuit subpoenas wouldn’t know your identity, and thus they could not name and serve you (a.k.a. ‘sue you’) as a defendant in the case.
In theory, an attorney can file a motion to quash a lawsuit subpoena when the accused defendant lives outside of the state in which the lawsuit was filed.
There are also other reasons in good form to file a motion to quash a lawsuit subpoena, namely, where the lawsuit subpoena itself is defective, and for other reasons I will be discussing in detail in the coming weeks.
Risks in filing a motion to quash a subpoena.
IN PRACTICE, since I wrote this article more than 6+ years ago, we learned that there are downsides or risks in filing a motion to quash a lawsuit subpoena.
For example, if you live in the state in which you were sued, convincing a judge to disallow the release of your information is an uphill battle.
Some judges will not allow a John Doe Defendant to file a motion to quash a subpoena without the defendant listing his real name on the form. This reveals the identity of the John Doe Defendants, and makes the whole attempt to stop the ISP from revealing your identity to the plaintiff attorney moot, because the plaintiff attorneys see the motions to quash (because court filings are public information).
Objections your opposing counsel will bring to oppose your motion to quash.
After filing a motion to quash the subpoena, the copyright holder’s attorney will object to your motion to quash. They will argue that your “John Doe” entity is merely a placeholder, and that you are not a true defendant until the plaintiff attorney decides to name and serve you as a defendant (meaning, someone comes to your home, knocks on your door, and serves you with a copy of the complaint).
Thus, he will claim that you do not have [what is called in the legal world] ‘standing’ to file the motion to quash.
I also originally thought that motions to quash a subpoena will become a part of our defense of our clients.[Again, I wrote this article many years ago. Our Cashman Law Firm PLLC. At the time, I thought we would be fillying motions to quash for clients. In hindsight, even though we learned that this was a bad idea, for integrity purposes and historical accuse, I am leaving my original article intact.]
*Just know (now in 2023) that I don’t recommend filing these anymore.*
Current side strategies to filing a motion to quash.
Without abandoning this topic (our Cashman Law Firm, PLLC elves are [were at the time] working on a strategy to allow defendants to file a motion to quash a lawsuit subpoena regardless of in what state or federal court that lawsuit is filed).
In addition, there is an alternative to filing a motion to quash a lawsuit subpoena, and that is to file [what is called in the legal world] a ‘protective order’ in order to keep the identity of the John Doe Defendant anonymous. [This is actually a good strategy often used today.]
The benefit of asking for a protective order is that can allow you to fight the case in litigation without you worrying about doing so your reputation along the way.
Judges will often approve such a request to keep your information private and anonymous, and thus as a side strategy to filing a motion to quash the subpoena, your attorney (us, or anyone else) can file a motion for a protective order so that you won’t need to worry that the plaintiff attorney will expose your identity to the public by naming and serving you without giving you the chance to first mount a proper defense.
If you have any questions about what we are doing, please feel free to contact us at 713-364-3476, or to book an appointment to speak to us about your lawsuit, click the button below:
TorrentLawyer Blog Recent Articles
On our TorrentLawyer blog, the focus is to provide quality educational content to internet users who are accused of downloading copyrighted content in a “John Doe” copyright infringement bittorrent lawsuit. Below are recent articles organized by topic.
MOVIE SUBPOENA LAWSUIT ARTICLES
Why bittorrent-based copyright infringement lawsuits are questionable.
– Unscrupulous attorneys (‘copyright trolls’) accuse defendants without researching whether there is any valid evidence, and their lawsuits are circumstantial.
MALIBU MEDIA (“X-ART.COM” ADULT FILM SITERIP) SUBPOENA LAWSUITS
“Turnkey ‘Settlement Factory’ Defense Attorneys and Malibu Media Settlement Amounts,” written on 3/28/2017.
“Which Lipscomb attorneys stayed with Malibu Media, LLC?” written on 3/13/2017.
-Malibu Media “old guard” attorneys Patrick Cerillo and Jon Hoppe enjoy preserved territory, even if they file fewer cases than newer attorney Jaqueline James.
“Confirmed: Malibu Media invests $400 filing fees @$20K/month,” written on 3/13/2017.
– Continuing our 2016 analysis, Malibu Media LLC is still spending on average $20,000 in $400 filing fees plus the cost of subpoenas for each John Doe lawsuit.
“2017 Malibu Media – Which Attorneys Filed Cases and Where?” written on 3/13/2017.
– Malibu Media, LLC is splitting new lawsuits between attorneys Jacqueline James, Patrick Cerillo, and Andrew Kumar to sue John Doe Defendants in NY/NJ/CT/TX.
MECHANIC RESURRECTION MOVIE SUBPOENA LAWSUITS (ME2 PRODUCTIONS)
ME2 subpoenas due today. ISPs will comply (and other FAQs.)
– Today is the due date for a number of subpoenas sent to the Comcast ISP for the ME2 Productions, Inc. copyright lawsuits filed across the US
Did ME2 Attorney Fischman disclose real Interested Parties?
– We question whether Gary Fischman properly disclosed the real interested parties in the ME2 Productions John Doe lawsuits, or whether he listed a shell company.
Analyzing the mindset of the ME2 Productions TX attorneys.
– Digging into the mindset of a copyright troll attorney in the context of the Mechanic:Resurrection movie lawsuit.
ME2 Productions Bittorrent Lawsuits Have Come To Houston, TX
– ME2 Productions via Attorney Gary Fischman sued John Doe Defendants for Copyright Infringement in Texas.
A FAMILY MAN (2016) MOVIE SUBPOENA LAWSUITS (HEADHUNTER, LLC)
North Carolina Headhunter Subpoenas are Due on 8/5
– AT&T U-verse subscribers in NC are all facing an 8/5 deadline to quash ISP subpoenas sent by HEADHUNTER, LLC.
I.T. MOVIE SUBPOENA LAWSUITS (I.T. PRODUCTIONS)
TX Judge Hughes Disallows I.T. Productions From ‘Suing Does’
– Texas Federal Judge Hughes prevents I.T. Productions attorney Gary Fischman to refer to ISP subscriber recipients as “John Does”, but rather as “IP Subscriber.”
I.T. Productions, LLC should really be called “I, Troll.”
– I.T. Productions has sent subpoenas to Comcast and other ISPs to disclose the identities of the John Doe Defendants accused of downloading the I.T. movie.
MR. CHURCH MOVIE SUBPOENA LAWSUITS (COOK PRODUCTIONS)
Cook Productions ‘dipping toes’ into federal court lawsuits.
– Cook Productions sending subpoenas to ISPs and suing John Doe Defendants for copyright infringement for the download of their “Mr. Church” movie.
SOFTWARE PIRACY LAWSUITS
SIEMENS PLM SOFTWARE PIRACY LAWSUITS IN TEXAS
Siemens Surprises John Does With $50K+ Settlement Requests
– Siemens appears to be soliciting business-level licenses from John Doe Defendants which can cost $30,000+ for each ‘seat’ or license.
How an attorney should handle a Siemens PLM Software Lawsuit
– Steps an attorney representing a Siemens PLM lawsuit would take to represent a client in this software piracy case.
Siemens PLM converting NX software pirates into customers.
– Siemens PLM software piracy lawsuits are focusing on engineers who used NX Mach 3 pirated software versions and are converting them into paying license holders.
Software Develops Now Tracking the USE of the Software
– Software Developers are now sending early discovery subpoena letters through the ISPs alleging pirated software is being USED AND TRACKED to prove infringement.
ENCRYPTION AND TECHNOLOGY
Why I would not put Kodi on an Amazon Fire TV Stick
– Using Kodi on an Amazon Fire Stick might not get you sued for copyright infringement, but it puts you at risk by exposing your IP address and your activities.
When is it too late to hire a lawyer in a John Doe lawsuit?
– The best time to hire an attorney ris immediately when the ISP sends the subpoena letter indicating you have been implicated as a John Doe in the lawsuit
DMCA SETTLEMENT LETTERS
RIGHTS ENFORCEMENT (rightsenforcement.com)
WHAT I KNOW ABOUT RIGHTS ENFORCEMENT
– A complete write-up of everything I have compiled on the RIGHTS ENFORCEMENT copyright enforcement company, and their likely DMCA and litigation tactics.
RIGHTS ENFORCEMENT is a Reverse-Engineered CEG-TEK Evil Twin
– Clarifying what exactly is RIGHTS ENFORCEMENT, who is Carl Crowell, and how to handle the DMCA copyright infringement notices received from your ISP.
Adult Sites Sending DMCA Letters Through RIGHTS ENFORCEMENT
– RIGHTS ENFORCEMENT is sending DMCA settlement demand notices for adult film companies such as Reality Kings, Brazzers, and Digital Playground.
SHOULD I IGNORE A “RIGHTSENFORCEMENT.COM” DMCA NOTICE?
– If I receive a DMCA settlement demand letter from RIGHTS ENFORCEMENT, should I ignore it?
WHAT IF MY RIGHTS ENFORCEMENT DMCA NOTICE DUE DATE EXPIRED?
– What happens after a RIGHTS ENFORCEMENT DMCA settlement demand letter expires, and should you worry about getting sued immediately after a missing a deadline.
IS IT SAFE TO LOG IN TO RIGHTSENFORCEMENT.COM?
– Analysis of whether it is safe to log in with your case number and IP address to the RIGHTS ENFORCEMENT website.
RIGHTS ENFORCEMENT’S KNOWN ‘MOVIE’ CLIENT LIST.
– RIGHTS ENFORCEMENT was kind enough to give us a preview of which movies they will sue people for in the coming year.
WHAT IS THE RELATIONSHIP BETWEEN RIGHTS ENFORCEMENT AND YOUR ISP?
– Revisiting the RELATIONSHIPS BETWEEN AN ISP AND A COPYRIGHT ENFORCEMENT COMPANY, I come to different conclusions with RIGHTS ENFORCEMENT as I did last year.
RIGHTS ENFORCEMENT DMCA letters like CEG-TEK but with teeth.
– RIGHTS ENFORCEMENT appears to be CEG-TEK but with a desire to sue ISP subscribers who receive DMCA notices but choose to ignore them.
RIAA / MPAA ACTIVITIES
Why I Believe the MPAA/RIAA Schemed to Break Copyright Law
– Yesterday I wrote an article suggesting the MPAA/RIAA is behind both the movie AND the adult-film-based lawsuits. Today I explain how I arrived at that conclusion.
The Great MPAA/RIAA Scheme to Defraud Copyright Law.
– How the MPAA/RIAA appear to have made use of pornography-based copyright infringement lawsuits to pave the way for their “John Doe” movie cases.
Is it ‘coincidence’ early bittorrent cases were pornography-based?
– Discussing the evolution of piracy from 1994-2017, we uncover a conspiratorial plot that early adult film cases were planned as a precursor for movie-based lawsuits.
A Thank You! to bloggers who have made our site possible.
– Taking a quick moment to thank those who help fight against copyright trolls.
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