I received a letter and copy of subpoena from my ISP in regards to a software program I had on my computer. Time warner is ordered to disclouse information If I do not respond by May 17th. Case1:11-cv-08469-WHPWhat should I do?
Country relating to Question: United States
State (if USA): Maine
If you do not respond, your internet service provider (ISP) will disclose your download history to the plaintiff in the lawsuit. Therefore, to avoid this occurring, you will need to file a motion to quash the Subpoena.
plaintiff vs 1-50 Does? does thismean I am being sued? or are they just trying to get information? should I contact the law firm requesting this information? what can I do next? hire an attorney? what usually happens in these kind of cases?
No, it does not necessarily mean you are being sued. It is unfortunately a more and more common practice where big plaintiffs with deep pockets (like movie studios) file lawsuits for copyright infringement against individuals who they believe illegally downloaded copyrighted material. They do not have the information concerning the identities of those individuals, so they name the defendants as "DOE" and they serve subpoenas to get the ISPs to release their server information so that they can discover if and what you have allegedly downloaded. It depends on the plaintiff and what they believe you downloaded. It is a good idea to speak to an attorney in your area who can potentially represent you, or at least prepare a motion to quash the subpoena on your behalf.
I did not download anything. if I installed a disk somebody gave to me and have deleted the software. did not even use it.
Okay. If you never downloaded anything over the internet, then you should have nothing to worry about your ISP turning over your records, since software installed and/or deleted directly onto your hard drive should not show up (unless it was installed over the internet as well).
10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
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