Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
Do you have a defense other than that he did not know that this was illegal?
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.
How were you contacted by Evan Stone?
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.
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.
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.
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.
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!