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I reeived a Copyright Infringement Notification through ISP

 
Alex Reese's Avatar
  • Answered by:Alex Reese
  • Lawyer
  • Positive Feedback: 98.9 %
  • Accepted Answers: 2409
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in Intellectual Property Law

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Customer Question

I reeived a Copyright Infringement Notification through ISP provider. Can I take steps to preempt this?

Submitted: 294 days and 9 hours ago.
Category: Intellectual Property Law
Value: $39
Status: CLOSED

Accepted Answer

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Expert:  Alex Reese replied 294 days and 9 hours ago.


Alex Reese :

hello

Alex Reese :

this is a common occurence, they have likely sent a subpoena to your ISP in order to get yoiur name/address (identification)

Alex Reese :

the only way to stop that disclosure, if thats what you want, is to file a "motion to quash" the subpoena....which will require you to hire an attorney

Alex Reese :

however,depending on the facts and other variables (attorney, judge etc) it may or may not be successful in stopping the subpoena

Customer :

ISP said they will protect my identity unless they received a subpoena. You think it wise to contact the property owner and offer a no contest plea and find out the penalty?

Alex Reese :

yes you can try to negotiate

Alex Reese :

that is the most comnon outcome....to negotiate a settlement

Customer :
Alex Reese :

if they make a demand for $....keep in mind that you can often settle for a lot less than the initial demand amount

Alex Reese :

e.g. they ask for $5000, and you counter offer $500...and go from there

Alex Reese :

it is in their best interest to settle and avoid litigation time/expenses....and in your interest as well

Customer :

Thank you.

Alex Reese :

best of luck

Customer :

Expert TypeLawyer
Category: Intellectual Property Law
Pos. Feedback: 98.9 %
Accepts: 2409
Answered: 6/21/2012

Experience: Experienced in intellectual property law

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