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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I recently received a letter from Comcast indicating that there

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I recently received a letter from Comcast indicating that there was a John Doe lawsuit pending against a bittorrent swarm in which my IP was identified. They sent a copy of a subpoena that is requesting my information. The letter states that unless me or my attorney file a motion to quash or vacate the subpoena, they will release my information. It also says that this needs to be done before May 16 and I forgot to do it. The court is on May 21. I own a small motel and think that a guest downloaded a movie or something.

Thank you for your question.

Comcast is required to release your name in this situation, as it is in response to a subpoena. They are correct that the only way you can stop the release of your information is to quash the subpoena as to you. Of course this will essentially identify you to the Plaintiffs in any manner.

Nevertheless, this does indicate that you could be added to the bit torrent lawsuit as a named Defendant. Your liability in the lawsuit will depend on whether the Plaintiff can establish that you should have prevented your hotel guests from breaching copyright laws or have policies that require the hotel guests to indemnify you for such actions.

The best thing you could do at this point is to contact a local attorney in Colorado to act as your defense counsel. You should hire someone who is in the same city where the court is that is listed on the subpoena.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
TexLaw and 2 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
I found some information on this site and the template.
Can I use this and form and bring it to the court tomorrow?
No. You have not actually been summoned to court. The only thing that is going on here is that Comcast has been ordered to identify you as the holder of the IP address.

If the copyright holder who has started this lawsuit actually decides to sue you, then you would file an answer such as the one found in this template, although doing so without an attorney is highly unadvisable.
Customer: replied 4 years ago.
Should I hire attorney now, or should I wait and see if they will sue me and hire him then?