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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 41221
Experience:  I assist my clients with IP questions that arise in their daily course of doing business.
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I received a notice from my ISP that they recived multiple

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I received a notice from my ISP that they recived multiple notices of copyright infridgement pursuant to DMCA. Digitalrightscorp.com (Rightscorp, Inc) has made a settlement offer via a web link. Is it advisable to accept this offer and utilize the link for payment settlement? They claim "you will receive a legal release from the copyright owner." Would this provide legal protection from additional damage claims?
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, are their allegations against you more likely than not to be accurate? How much are they specifically demanding from you as a settlement?
Customer: replied 3 years ago.

Hi Dimitry,


Yes they are accurate. There are 14 claims (all from the same day and time for music file sharing using Bittorrent). Their settlement offer is $20 per claim for $280 total. This is not bad considering the threats of lawsuits and large potential judgements. I have deleted the Bittorrent and web link from my computer and have no intention of doing this in the future. Most people are saying to just ignore this, but my concern is it the risk of being sued. Also, how legally effective is the "release" in the settlement offer?

Thank you for your follow-up.

 

The release is valid if they can provide evidence and proof that they are representing the parties whose files you obtained without permission. Such parties can (and do) hire third parties to enforce their interests, and such watchdog reviews are most common in music and movie industries. Typically a copyright infringement claim can be pursued for up to $100,000 per each offense, so if this is a valid demand, it is likely far more prudent to make the payments than to worry about a potential suit where they could demand you cover their attorney fees, actual damages to the injured party, and restitution. If you do not have the funds and are essentially 'judgment proof' (meaning it would cost them far more to sue you than they would be able to obtain from you), then perhaps risking it makes sense, but otherwise so long as the release is formal and has the parties listed whose files were obtained on the document, it makes more sense to pay it and forget it.

 

Hope that helps.

Dimitry K., Esq. and other Intellectual Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Dimitry,


In the notice from Rightscorp, Inc. they claim to represent the copyright owners (Sunflower Entertainment) who are the exclusive owners of copyrights for the specific artists listed in detail. Should I accept this as "proof" that they do in fact represent these parties? They provide contact information including address and phone number for Rightscorp, Inc.

Thank you for your follow-up.

 

That is a good question. Personally I tend to be always suspicious as a natural matter of course, so obtaining evidence (such as a contract) between the parties may be useful. You can simply contact them and request reasonable assurances beyond their claim that they do in fact represent that entity, and if they can provide such evidence, then you may want to consider paying. if they cannot provide such evidence, then paying makes no sense since they themselves failed to provide proof that they are a rightful agent in this matter.

 

Hope that helps!

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