How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Robert McEwen, Esq. Your Own Question

Robert McEwen, Esq.
Robert McEwen, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 11710
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Intellectual Property Law Question Here...
Robert McEwen, Esq. is online now
A new question is answered every 9 seconds

I am being sued for copyright infringement. My husband admits

Resolved Question:

I am being sued for copyright infringement. My husband admits downloading porn but did not know what he did was illegal. He is not tech savvy so I believe that he did not know he was doing something illegal. Evan Stone is the lawyer. They say if we pay $2000.00 by tomorrow, they will keep my name out of the newspapers. Should I hire a lawyer or just pay. Evan Stone is listed in many controversial articles on the internet.
Submitted: 3 years ago.
Category: Intellectual Property Law
Expert:  Robert McEwen, Esq. replied 3 years ago.

RobertMcEwenEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

RobertMcEwenEsq :

Do you have a defense other than that he did not know that this was illegal?

Customer :

no I do not. I read online that Evan Stone is not allowed to issue subpoenas. My understanding is that they subpoenaed Qwest to get our names.

RobertMcEwenEsq :

How were you contacted by Evan Stone?

Customer :

yes, with a letter and I called them. They gave me options to pay $2000 or $3000 by today in order to keep this out of court and the media. If I hire a lawyer, do I have a chance? I am a teacher.

RobertMcEwenEsq :

Yes, you have a chance, albeit a small one. You wouldn't win on the subpoena question. At best, XXXXX XXXXX would sanction the attorney (by not allowing attorneys fees to be recovered, etc...) but wouldn't throw the case out. Further, it's going to cost you at least this much to fight this case. From what I can find on this individual, he prosecutes a lot of cases against various individuals, and if he wins, under US copyright law, they can get a judgment against you for the unauthorized copyright infringement, as well as attorney's fees and interest. This is in addition to your own attorney's fees. Even if you win, you won't be able to get your attorneys' fees paid.

RobertMcEwenEsq :

So only if you feel confident of your defenses (which you've said that you don't have one) would I suggest even thinking about fighting this. Otherwise, it might just make sense to pay them off.

RobertMcEwenEsq :

These firms tend to be ruthless. I hate to say it, but this is a legal strategy known as "brinkmanship". What that means is that they go all the way, legally, with a small handful of defendants, trying to curtail a much larger group. They will try to get the largest award, and publicize it to the fullest extent. The point is to deter future conduct, not to reimburse for past conduct.

RobertMcEwenEsq :

I know this is probably not what you wanted to hear, but it's the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you do click "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!

Robert McEwen, Esq., Lawyer
Satisfied Customers: 11710
Experience: Licensed Texas General Practice Attorney
Robert McEwen, Esq. and 3 other Intellectual Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Alex Reese

    Lawyer

    Satisfied Customers:

    2588
    Experienced in intellectual property law
< Last | Next >
  • http://ww2.justanswer.com/uploads/sosolid007/2010-08-05_070536_Suitpic.jpg Alex Reese's Avatar

    Alex Reese

    Lawyer

    Satisfied Customers:

    2588
    Experienced in intellectual property law
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg Robert McEwen, Esq.'s Avatar

    Robert McEwen, Esq.

    Lawyer

    Satisfied Customers:

    387
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/tswartz123/2010-02-08_225658_Tommy.jpg Thomas Swartz's Avatar

    Thomas Swartz

    Lawyer

    Satisfied Customers:

    374
    Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    371
    I assist my clients with IP questions that arise in their daily course of doing business.
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Lawyer

    Satisfied Customers:

    339
    MBA, Experienced and Knowledgeable in Intellectual Property Law
  • http://ww2.justanswer.com/uploads/BA/bart0358/2012-1-23_232424_1056.64x64.JPG BartEsq's Avatar

    BartEsq

    Researcher

    Satisfied Customers:

    192
    Juris Doctor
  • http://ww2.justanswer.com/uploads/IP/ipesq/2012-1-9_164431_RetouchPortraitHighResCopy.64x64.jpg ipesq's Avatar

    ipesq

    Lawyer

    Satisfied Customers:

    134
    Specializing in patent prosecution, trademark and copyright registration/enforcement.
 
 
 

Related Intellectual Property Law Questions