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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 2755
Experience:  associate attorney
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LHF Productions, inc sent me a copyright lawsuit thru fedex.

Customer Question

LHF Productions, inc sent me a copyright lawsuit thru fedex. threatening to sue. What are my options?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Arizona
JA: Have you talked to a local attorney? Has anything been filed in court?
Customer: no and i dont know
JA: Anything else you want the lawyer to know before I connect you?
Customer: just wondering my options
Submitted: 2 months ago.
Category: Intellectual Property Law
Customer: replied 2 months ago.
Kercsmar & Feltus PLLC has filed a Federal copyright infringement lawsuit in the U.S. District Court for the District of Arizona on behalf of LHF Productions, Inc.
Expert:  Christopher B, Esq. replied 2 months ago.

My name is ***** ***** I will be helping you today. Thank you for your question and for using justanswer.com. Give me a bit and I will get you an answer.

Expert:  Christopher B, Esq. replied 2 months ago.

First, just about no matter what, the costs of settling the case are far cheaper than fighting it. I believe "London has Fallen" is the illigal download for LHF Productions and they normally offer a $300 settlement. Things to take into account:

(1) You can generally negotiate the settlement amount. You do not need to accept their first offer.

(2) The cost of fighting a case would far exceed the cost of any settlement negotiated.

There are a number of legal defenses to consider:

(1) The court where the lawsuit is located may have no jurisdiction over you.

(2) You should not be liable for the copyright infringement of another simply because that person used your internet connection to download illegal material without your knowledge or consent.

(3) In torrent or BitTorrent cases, you cannot be liable for unauthorized copying (copyright infringement) when the copyright holder made the copyrighted material available to you with torrent software.

So basically you are much better off negotiating a settlement than fighting it but you do have options if you want to defend the case and you should retain an attorney.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated. See link for how to rate: http://ww2.justanswer.com/help/how-do-i-rate-answer-hl

Customer: replied 2 months ago.
They are asking for $5,000 to settle out of court. Should I hire someone local to getting the settlement down or waived?
Expert:  Christopher B, Esq. replied 2 months ago.

You could, but I would give it a shot, negotiating yourself to see what you can get it down to. If it is not something that is doable, then you could hire an attorney. For that amount, you could try to defend it, depending on the circumstances. You could also have the attorney negotiate a better settlement as well.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated. See link for how to rate: http://ww2.justanswer.com/help/how-do-i-rate-answer-hl

Expert:  Christopher B, Esq. replied 2 months ago.

Just checking back in, do you have any further questions?

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