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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 4194
Experience:  30 years of experience.
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I have received a third party copyright claim about

Customer Question

I have received a third party copyright claim about downloading. This letter was originally sent from HBO and my internet provider sent it to me this morning. On the letter I received from my internet provider, it says this "letter is only to inform you of the information we have received about this claim." And the HBO's original claim is in the similar nature.
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Gerald-Esquire replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Does the letter make any Demand of you at this point? That is are they asking for damages, or are they merely providing Notice?

Can you provide any more specific information about the contents of the letter?

Kind regards,

Gerald

Customer: replied 1 year ago.
No demands are made at this point. The one I got from my internet provider says it will not provide any information about me in response to the claim, unless legally required to do so. But my internet provider does say they don't know the anything about the details or the merits of the claim.
Customer: replied 1 year ago.
I can provide letter for you to review
Expert:  Gerald-Esquire replied 1 year ago.

Hello:

Thank you for that clarification. The Notice probably looks something like this:

https://shawglobalnews.files.wordpress.com/2015/02/notice2.jpg?quality=70&strip=all&w=615&h=782&crop=1

At this moment there is nothing that you need do. If you have downloaded copyrighted content off the internet in the past you want to stop doing that right away. Under the Copy Right Laws you could face stiff penalties if the Copyright Owner (HBO) decided to pursue you. Some copyright holders do bring actions against illegal down loaders, but usually they reserve that for individuals who engage in significant volumes of downloading.

With modern tech your IP address can be tracked easily, and under newer laws the internet provider is obligated to inform you when they have received an inquiry from a copyright owner who is claiming evidence of illegal downloads.

An illegal download occurs when you go to a third part "torrent" site.

In MOST instances if you stop making illegal downloads the Notice you received will be the end of the inquiry.

If you did not illegally download anything you can respond in writing to HBO and your Internet provider telling them that. But make sure that no one who has access to your internet connection has made such a download as well.

If you get a "Demand" letter asking you to make some payment or a letter indicating that you are being investigated or sued, then you will want to see an attorney. At this point however, there is really nothing that you need to do, or should do, other than stop downloading copyrighted content.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Expert:  Gerald-Esquire replied 1 year ago.

If you want to discuss this directly we can. It is purely optional. There is an additional fee for phone calls and document review. BUT I do NOT want you to spend money unnecessarily. So do not feel that you must accept the call offer. It is merely an option if you want.

Customer: replied 1 year ago.
I know HBO does not currently know my identity, and I have stopped downloading since I received the letter. There are no Demand letter from HBO so far. What you are saying is that I don't need to take any legal prepration, unless HBO decides to pursue me?
Expert:  Gerald-Esquire replied 1 year ago.

Hello:

Thank you for the excellent follow up question.

"What you are saying is that I don't need to take any legal preparation, unless HBO decides to pursue me?"

Yes. That is correct. There is nothing that you need to do at this point.

But please note that your internet provider is obligated to inform HBO who the owner is of the IP address assigned to your computer. So HBO can discover who your are.

I hope this additional information is helpful to you.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)