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Robert McEwen, Esq.
Robert McEwen, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 11679
Experience:  Licensed Texas General Practice Attorney
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I have received from Time Warner Cable a Subpoena to disclose

Resolved Question:

I have received from Time Warner Cable a Subpoena to disclose identities of people who have downloaded movies from the internet and my our family computer IP address is identified.

I am the internet service account holder as well as for cable television.

I must respond to Time Warner Cable by May 16 that papers to modify or block the Subpoena have been filed. (Or they must provide the information)

Internet access for our home was setup my wife to do her work with the Department of Education, My boy's to complete online college classes and for me to do online banking and purchasing items for our home and gifts.

They say it's for a motion picture called "Far Cry." I have no idea what the movie is about and my son thinks it might be a video game.

Your assistance in this matter would be most appreciated.

Todd Muraoka XXX@XXXXXX.XXX
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 :

Is this subpoena part of a lawsuit? That is, are you being sued for downloading this? Or is it merely an information request?

RobertMcEwenEsq :

And do you have a wireless router that goes with your internet connection?

Customer:

The subpoena is part of a lawsuit.

Customer:

We also have a router that connects to the internet.

Customer:

What should I do as the account holder to have Time Warner? Time Warner stated that I must notify them that legal papers have been filed to modify or block the subpoena by May 16, 2011. Absence of such notice will result in the provision of names in response to the subpoena.

RobertMcEwenEsq :

My apologies... I was at a hearing that took a little bit longer than expected... One moment...

RobertMcEwenEsq :

The problem is that to contest the subpoena, you have to "appear" in court in a motion to quash the subpoena. And the only way to appear is through an attorney or "pro se" (on your own) and either way would disclose your identity. So either way, they're going to find out your name and address. Basically I would make them do more work, as they're going to get your address anyway. If they actually do serve you with notice of the lawsuit, you THEN should get a lawyer to represent you. That being said, if you are served with process in this lawsuit, you need to contact an attorney in your area that deals with copyright infringement cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

RobertMcEwenEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "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!

Customer:

Thank you very much for the information.

Robert McEwen, Esq., Lawyer
Satisfied Customers: 11679
Experience: Licensed Texas General Practice Attorney
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