Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
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Is this subpoena part of a lawsuit? That is, are you being sued for downloading this? Or is it merely an information request?
And do you have a wireless router that goes with your internet connection?
The subpoena is part of a lawsuit.
We also have a router that connects to the internet.
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.
My apologies... I was at a hearing that took a little bit longer than expected... One moment...
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.
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Thank you very much for the information.