So far in our weekly wrap-up of BitTorrent lawsuits, nary a week has gone by where at least one lawsuit against alleged infringers wasn't filed. There's always a first, and this past week was it - no lawsuits against P2P users in the US were filed. But then again, why should the US Copyright Group even bother? First, they already have an enormous 50,000+ stockpile of John Does. Second, the Does are doing a great job of exposing themselves without the USCG doing any work.
Last week Slyck covered the endemic issue of John Doe litigants attempting to quash subpoenas sent to their ISPs seeking their personally identifiably information - and revealing their identities in the process. Once received, and unless you're with Time Warner Cable or Mid Continental Communications, chances are your ISP will sell you out like a wet rat to P2P litigators.
So of course, the key is to avoid that subpoena from being fulfilled. Although most motions to quash are unsuccessful, at least that's one avenue explored that can help determine the future course of defense. This isn't possible if during your motion to quash, you let everyone know your full name and address. At that point, P2P litigators have you. And now they have another accused BitTorrent infringer too.
Meet Jane Doe, and her rather specific letter to the Court in the Maverick Entertainment Cases. In a well formed letter, the Jane Doe from Summerville, South Carolina lays out her identifiable info.
Unfortunately, even with all the references to free speech, which have been repeatedly rejected by the courts, this case is likely over before it begins. Never represent yourself in this type of litigation â€“ or any litigation for that matter. Attorneys are educated to avoid mistakes like this, which could end up costing this young lady.
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