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montysimmons
montysimmons, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 245
Experience:  Electrical Engineer, South Carolina Attorney, Member of US Patent Bar
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Customer Question

I got an email for a company named www.copyrightsettlements.com and it turns out some may have been using my network to download adult content as I did not have it password XXXXX at the time but I have corrected my error. They are no calming I need to pay them $400 what do I do?? It seams fishy
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  montysimmons replied 1 year ago.

montysimmons :

Hello

montysimmons :

you there

Customer :

Hi

montysimmons :

Hello

montysimmons :

could you give some more detail as to what the $400 is to pay for?

montysimmons :

Was it a movie or copyrighted material

montysimmons :

Basically what are they saying you are buying or purchased for the $400?

montysimmons :

a membership, downloaded movies,

Customer :

A movie

Customer :

ou are hereby notified that unauthorized copying and/or distribution of GQ Associates DBA Smash Pictures's Work is a violation of the U.S. Copyright Act, 17 U.S.C. 106. In this regard, request is hereby made that you and all persons using this account immediately and permanently cease and desist the unauthorized copying and/or distribution of the Work listed in this notice.

You may also be held liable for monetary damages, including court costs and/or attorney fees if a lawsuit is commenced against you. You have until Sunday, May 12, 2013 to access the settlement offer and settle online. To access the settlement offer, please visit https://www.copyrightsettlements.com/ and enter Case #: P30147851 and Password: juggg. To access the settlement offer directly, please visit https://www.copyrightsettlements.com/?u=P30147851&p=juggg

Settlement Information:
Direct Settlement Link: https://www.copyrightsettlements.com/?u=P30147851&p=juggg
Settlement Website: https://www.copyrightsettlements.com/
Case #: P30147851
Password: juggg

If you fail to respond or settle within the prescribed time period, the claim(s) will be referred to our attorneys for legal action. At that point the original settlement offer will no longer be an option and the amount will increase as a result of us having to involve our attorneys.

Nothing contained or omitted from this correspondence is, or shall be deemed to be either a full statement of the facts or applicable law, an admission of any fact, or waiver or limitation of any of the GQ Associates DBA Smash Pictures's rights or remedies, all of which are specifically retained and reserved.

The information in this notice is accurate. We have a good faith belief that use of the material in the manner complained of herein is not authorized by the copyright owner, its agent, or by operation of law. We declare under penalty of perjury, that we are authorized to act on behalf of GQ Associates DBA Smash Pictures.

montysimmons :

ok give me a minute

montysimmons :

I do not see your name anywhere. Do they know your name?

montysimmons :

Do they know anything about you personally?

montysimmons :

I did not go to the links as I can review specific offers.

Customer :

No, just my ip.address, which when I contacted my ip provider they told me they would only supply my info if there was a supeona.

montysimmons :

This sounds like a debt collection company.

montysimmons :

And you have no judgement against you at the moment.

montysimmons :

This seem out of sequence.

montysimmons :

Sounds like a debt collection company.

montysimmons :

if you refuse to pay they will have to file suit and supeona the information they need to sue you

montysimmons :

they might just do it but it seems unlikely.

montysimmons :

You have some options

montysimmons :

if subpoena is filed move to quash the subpoena.

montysimmons :

If one did infringe the work one can pay

Customer :

How will we know if they file?

Customer :

If they keep sending emails through our internet service should we just wait and see if we get anything directly addressed to us?

montysimmons :

If you did not infringe the work and the only way copyrighted work was downloaded on your system is via your unsecured network, you can notify the copyright owner the same

montysimmons :

I would keep my identify private as long as possible.

montysimmons :

You could request proof of copyright and regsitration

montysimmons :

what you do depends on the response

Customer :

Do these things get carried out often?

montysimmons :

there have been cases where a company has asked a judge to hold broadband network user liable for unsecured networks used to download copyrighted material

montysimmons :

I do not know how often they follow through.

montysimmons :

as for unsecured networks

montysimmons :

businesses that offer internet access as a service are legally immune form the action of users on their networks

montysimmons :

i would argue that unauthorized users one your network cannot make you liable if authorized users of another's network cannot make them liable

montysimmons :

if you can prove that the download was caused by another's unauthorized access to your unsecured network, then I would tell the copyright owner this and I would not be inclined to pay the fee.

montysimmons :

but that is me

montysimmons :

please note I cannot give you legal advice

montysimmons :

and the Liberty Media law suit was dismissed with out prejudice

montysimmons :

in conclusion, if someone used your network without your permission and downloaded copyrighted material, I would say it is more likely than not that you have no liability.

montysimmons :

That said, you have to understand there is a risk with not paying and that risk could be you have to pay a much larger fee later.

montysimmons :

I believe that is is low.

montysimmons :

do you have any more questions?

Expert:  montysimmons replied 1 year ago.
If you have additional questions please let me know.

Please remember to rate my service.

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montysimmons
Owner Simmons Patents
245 Satisfied Customers
Electrical Engineer, South Carolina Attorney, Member of US Patent Bar