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Roommate torrents too much anime, I get slapped with lawsuit (probably)

Dr_KeenbeanDr_Keenbean Dumb as a buttPlanet Express ShipRegistered User regular
edited May 2011 in Help / Advice Forum
So yeah, my fucking roommate has pretty much been torrenting shitty anime since we moved in together, it seems.

Except that the cable account is under my name. I just received notification that the copyright holders have subpoenaed my ISP to divulge my information, which means they're going to be gunning for me next. Except I didn't download this garbage and I hate anime.

I spoke with my ISP's legal department and they're going to comply with the subpoena which I understand and don't really fault them for. They're just a middleman, really.

The bottom line here is that I didn't do anything wrong and I'm going to get fucked. Obviously I'm going to seek legal counsel.

Does anyone have any experience with this or any advice? I'm losing it here.

PSN/NNID/Steam: Dr_Keenbean
3DS: 1650-8480-6786
Switch: SW-0653-8208-4705
Dr_Keenbean on
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Posts

  • useless4useless4 Registered User regular
    edited May 2011
    Good news for you. This is probably a late game play because of rulings like this.
    http://torrentfreak.com/ip-address-not-a-person-bittorrent-case-judge-says-110503/

    I think we are going to see mass shotgun lawsuits coming to an end and instead targeting torrent hosts, things like rapidshare etc.

    useless4 on
  • SlicerSlicer Registered User regular
    edited May 2011
    There's a chance that if they get your info, they'll just keep calling you and asking you to pay up or they'll sue you, and then never follow up on that threat. I know a few folks that have had similar things happen. Apparently in these sorts of mass copyright infringement lawsuits enough people will settle that it's safer for them to never act on their threat so you might not have anything to worry about.

    I am not a lawyer though so take that with a grain of salt, a lawyer will definitely get you the best advice on the matter.

    Slicer on
  • Kate of LokysKate of Lokys Registered User regular
    edited May 2011
    While the pendulum of the law is swinging slightly more towards leniency, that unfortunately doesn't help the OP right now: the subpoena has already been granted, and his ISP already told him they're complying with it.

    I sympathize with your frustration, Dr. Keenbean, but the sad fact is, even though you personally may not have done anything wrong, you are almost certainly legally responsible, according to the contract you signed with your ISP. You didn't mention who you were using, but here's what Charter says:
    Customer is responsible for any misuse of the Service that occurs through Customer's account, whether by a member of Customer's household or an authorized or unauthorized third-party [. . .] Customer will not use, or allow others to use, the Service to send or receive, or otherwise use any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity. This includes, but is not limited to, digitization of music, movies, photographs or other copyrighted materials or software.

    And here's Comcast's take:
    In addition to being responsible for your own compliance with this Policy, you are also responsible for any use or misuse of the Service that violates this Policy, even if it was committed by a friend, family member, or guest with access to your Service account. Therefore, you must take steps to ensure that others do not use your account to gain unauthorized access to the Service by, for example, strictly maintaining the confidentiality of your Service login and password. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device.

    If you do plan on fighting this, you definitely need to lawyer up, because "it wasn't me, it was my roommate" will not be viewed as a valid defense. In the meantime, though, do what you can to minimize the damage. It may seem a bit like closing the barn door after the horses are gone, but you need to lock your internet down and prevent your roommate from using it. If he wants to download shit, he can get his own internet connection, in his own name.

    You'll probably also want to think about how close you are to this roommate, because if you end up having to pay for his piracy, your lawyer might suggest that you file a civil suit against him to recoup your losses. (This is, of course, assuming that he doesn't do the right thing and just offer to pay it, which he won't).

    Good luck dealing with this shit - I hope the lesson doesn't end up costing you too much.

    Kate of Lokys on
  • DelzhandDelzhand Hard to miss. Registered User regular
    edited May 2011
    Seeing as how the copyright holders are probably japanese companies in this case, I can't imagine your provider has much right to demand payment. If I were you, I'd send them a letter that says "I wasn't aware of this activity, but I've spoken to the person responsible and he has deleted the offending files, can we let it go at that?" Worked for my aunt when my cousin was torrenting True Blood, and HBO is notoriously protective of their properties.

    Delzhand on
  • useless4useless4 Registered User regular
    edited May 2011
    Delzhand wrote: »
    Seeing as how the copyright holders are probably japanese companies in this case, I can't imagine your provider has much right to demand payment. If I were you, I'd send them a letter that says "I wasn't aware of this activity, but I've spoken to the person responsible and he has deleted the offending files, can we let it go at that?" Worked for my aunt when my cousin was torrenting True Blood, and HBO is notoriously protective of their properties.

    Also, make sure they HAVE the copyright in the first place. There have been cases where companies have sued for copyright infringement and turns out - they did even own the copyright in the first place.

    useless4 on
  • illigillig Registered User regular
    edited May 2011
    Honestly, i'd throw the roommate under the bus

    If someone else's actions are causing you to be singled our for civil or criminal penalties, they need to take the blame ASAP

    I'd compare this to a red light camera picture - if your friend was borrowing your car, and ran a red, they must pay the ticket, etc.

    You'll want to make sure your roomy doesn't delete the evidence, however. If you have no proof, then you'll be found culpable as the account owner...

    illig on
  • RadicalTurnipRadicalTurnip Registered User regular
    edited May 2011
    useless4 wrote: »
    Good news for you. This is probably a late game play because of rulings like this.
    http://torrentfreak.com/ip-address-not-a-person-bittorrent-case-judge-says-110503/

    I think we are going to see mass shotgun lawsuits coming to an end and instead targeting torrent hosts, things like rapidshare etc.

    This is what I came here to tell you. If you Lawyer up, make sure he/she knows about this (he/she probably does or will). The case is a bit different, but it's still a nice precedent to have under your belt.

    RadicalTurnip on
  • John MatrixJohn Matrix Registered User regular
    edited May 2011
    Getting sued for torrenting anime. I can think of very few things sadder than that. Tell your roomate that he's paying the legal fees and needs to grow up.

    John Matrix on
  • oldsakoldsak Registered User regular
    edited May 2011
    Did you know your roommate was torrenting anime before you got this notice, and did you make him stop afterwards?

    oldsak on
  • KyouguKyougu Registered User regular
    edited May 2011
    I have a roomate who does the exact same thing (as well as most other tv shows) and the internet is under my name as well.

    I should have a talk with him.

    Kyougu on
  • Dr_KeenbeanDr_Keenbean Dumb as a butt Planet Express ShipRegistered User regular
    edited May 2011
    useless4 wrote: »
    Good news for you. This is probably a late game play because of rulings like this.
    http://torrentfreak.com/ip-address-not-a-person-bittorrent-case-judge-says-110503/

    I think we are going to see mass shotgun lawsuits coming to an end and instead targeting torrent hosts, things like rapidshare etc.

    This is what I came here to tell you. If you Lawyer up, make sure he/she knows about this (he/she probably does or will). The case is a bit different, but it's still a nice precedent to have under your belt.

    Thank you very much for this guys, I will bring this to the attention of my future lawyer if he/she isn't aware of it already.

    I disconnected all his shit and ran the coax cable directly up in to my room. My modem and router are now sitting on my desk. I physically disconnect the modem and take it with me when I go out (my door doesn't lock) because he's just that much of an immature shut-in.

    And you better be damn sure he'll be paying my lawyer fees. What really sucks though is that we're co-workers to. We literally share an office and face each other all day. I've taken the next few days off to hopefully let the murder impulse die down.

    I should at that this fucker apparently has been stealing everything. Games, movies, tv shows. He even steals the fucking Daily Show and you can watch that shit FOR FREE!

    Dr_Keenbean on
    PSN/NNID/Steam: Dr_Keenbean
    3DS: 1650-8480-6786
    Switch: SW-0653-8208-4705
  • DeebaserDeebaser on my way to work in a suit and a tie Ahhhh...come on fucking guyRegistered User regular
    edited May 2011
    He's an e-Klepto (or are we using the little 'i' to denote that something is "cyberwebz" related)!

    Deebaser on
  • Iceman.USAFIceman.USAF Major East CoastRegistered User regular
    edited May 2011
    I'm assuming you're in the US, if so I have a side note.

    If the law firm DOES start calling daily, ask them to stop and only communicate with you via regular old mail. If you do that, send a registered letter to their offices stating the same. That way anything they say to you is in writing and not something a lawyer can dismiss.

    Iceman.USAF on
  • oldsakoldsak Registered User regular
    edited May 2011
    On the plus side, since it sounds like you weren't aware and put a stop to it once you found out, "it wasn't me, it was my roommate" is a legitimate defense.

    Of course they can then turn around and go after your roommate, but it's a problem of his own creation.

    oldsak on
  • Dr_KeenbeanDr_Keenbean Dumb as a butt Planet Express ShipRegistered User regular
    edited May 2011
    oldsak wrote: »
    On the plus side, since it sounds like you weren't aware and put a stop to it once you found out, "it wasn't me, it was my roommate" is a legitimate defense.

    Of course they can then turn around and go after your roommate, but it's a problem of his own creation.

    Is it wrong that I want this? He needs an awakening.

    I let him swim in my pool and he shit in it.

    Dr_Keenbean on
    PSN/NNID/Steam: Dr_Keenbean
    3DS: 1650-8480-6786
    Switch: SW-0653-8208-4705
  • The Crowing OneThe Crowing One Registered User regular
    edited May 2011
    Just because your ISP has reported responding to a subpoena doesn't mean you'll be sued. I'd really cross my fingers and take all the steps you can to avoid anything further, but there's no guarantee you'll find yourself facing a lawsuit. With the insane swing between individual courts concerning the matter, as well as the current practice of casting a wide net looking for infringers, this may never even come to a filing.

    Just some positive words.

    I'll also point out that downloading from torrent files is not, generally, the act that triggers something like this. Generally, it's those who let the files seed that get targeted.

    The Crowing One on
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  • Dr_KeenbeanDr_Keenbean Dumb as a butt Planet Express ShipRegistered User regular
    edited May 2011
    I'll also point out that downloading from torrent files is not, generally, the act that triggers something like this. Generally, it's those who let the files seed that get targeted.

    I am well aware of this. I had been wondering why I kept getting kicked from game servers due to my ping being too high all the time.

    Well, it was because some shithead was uploading countless amounts of cartoons.

    Ever since I completely severed him from my internet connection this shit be fast. Like I seriously did not even know I was even capable of downloading stuff at 2MB/sec.

    Dr_Keenbean on
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    3DS: 1650-8480-6786
    Switch: SW-0653-8208-4705
  • oldsakoldsak Registered User regular
    edited May 2011
    oldsak wrote: »
    On the plus side, since it sounds like you weren't aware and put a stop to it once you found out, "it wasn't me, it was my roommate" is a legitimate defense.

    Of course they can then turn around and go after your roommate, but it's a problem of his own creation.

    Is it wrong that I want this? He needs an awakening.

    I let him swim in my pool and he shit in it.

    Lets say your roommate steals a car then parks it in your driveway. The cops see it, see your name on the lease (his is not on the lease, they don't even know he exists), assume you stole it, and arrest you. Would you have any qualms about point in the cops in the right direction?

    It's his own mess, don't let him hide behind you.

    oldsak on
  • Kate of LokysKate of Lokys Registered User regular
    edited May 2011
    oldsak wrote: »
    Lets say your roommate steals a car then parks it in your driveway. The cops see it, see your name on the lease (his is not on the lease, they don't even know he exists), assume you stole it, and arrest you. Would you have any qualms about point in the cops in the right direction?

    It's his own mess, don't let him hide behind you.

    This would be great advice if the OP hadn't (almost certainly) signed a legally binding contract in which he agreed to accept full responsibility for any actions performed under his account. And no, "I didn't know he was doing it" is not a valid defense in this situation.

    By all means, go after the roommate, because he should be taking the blame for this. But realize that as far as the law is concerned, it's your name on the account, and that's what matters.

    Kate of Lokys on
  • oldsakoldsak Registered User regular
    edited May 2011
    oldsak wrote: »
    Lets say your roommate steals a car then parks it in your driveway. The cops see it, see your name on the lease (his is not on the lease, they don't even know he exists), assume you stole it, and arrest you. Would you have any qualms about point in the cops in the right direction?

    It's his own mess, don't let him hide behind you.

    This would be great advice if the OP hadn't (almost certainly) signed a legally binding contract in which he agreed to accept full responsibility for any actions performed under his account. And no, "I didn't know he was doing it" is not a valid defense in this situation.

    By all means, go after the roommate, because he should be taking the blame for this. But realize that as far as the law is concerned, it's your name on the account, and that's what matters.

    He has a contract with his ISP. His ISP is not threatening to sue him. His ISP is saying they are passing on his info to a content owner. If he's sued it will be by a content owner under copyright law, not under his contract with his ISP.

    oldsak on
  • Dr_KeenbeanDr_Keenbean Dumb as a butt Planet Express ShipRegistered User regular
    edited May 2011
    I think I need to wait and see what the copyright holders want to do before I know how to plan my defense.

    As it stands now, I only know that my ISP plans to divulge my information. Whether or not the copyright holder actually wants my ass specifically is still unknown. There's several other IPs listed in the copy of the subpoena I received.

    I really have no way of knowing how much he uploaded.

    Dr_Keenbean on
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    3DS: 1650-8480-6786
    Switch: SW-0653-8208-4705
  • XaquinXaquin Right behind you!Registered User regular
    edited May 2011
    oldsak wrote: »
    Lets say your roommate steals a car then parks it in your driveway. The cops see it, see your name on the lease (his is not on the lease, they don't even know he exists), assume you stole it, and arrest you. Would you have any qualms about point in the cops in the right direction?

    It's his own mess, don't let him hide behind you.

    This would be great advice if the OP hadn't (almost certainly) signed a legally binding contract in which he agreed to accept full responsibility for any actions performed under his account. And no, "I didn't know he was doing it" is not a valid defense in this situation.

    By all means, go after the roommate, because he should be taking the blame for this. But realize that as far as the law is concerned, it's your name on the account, and that's what matters.

    yeah, but it's not like they could get another cable connection right? I mean if cable is already running to your house, they don't just run another one do they? Don't they just split it?

    or am I completely wrong about cable?

    (I know in my Dads house, they just split the cable so it could go to different rooms, but there was only one account)

    Xaquin on
  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    edited May 2011
    i think they CAN run another line into the house, but they probably wont. God know comcast couldn't keep my accounts straight when i moved, i can't imagine two accounts for the same household.

    Dr. Frenchenstein on
  • SliderSlider Registered User regular
    edited May 2011
    I have been in this situation. If I were you, I would wait to see what happens. Don't hire a lawyer yet, because they are extremely expensive.

    If I'm correct (which I probably am), you or your roommate won't be liable for any damages. These lawsuits are considered to be a type of legal extortion and based on what this judge says, I doubt you'll have to pay a dime.

    Slider on
  • Kate of LokysKate of Lokys Registered User regular
    edited May 2011
    Xaquin wrote: »
    yeah, but it's not like they could get another cable connection right? I mean if cable is already running to your house, they don't just run another one do they? Don't they just split it?

    or am I completely wrong about cable?

    (I know in my Dads house, they just split the cable so it could go to different rooms, but there was only one account)

    Each cable account is associated with a specific IP address. When my fiance and I are online at the same time, we have the same IP address. The person who lives next door has a different IP address, even though he uses the same ISP, and even though he uses 99% of the same physical cable as we do.

    I'd like to clarify the process of copyright infringement action here, because I don't think oldsak really understands how the system works.

    Copyright Holder notices that someone at the IP address 111.222.1.2 keeps downloading and seeding material they own through bittorrent. CH keeps a record of these copyright violations, and once they consider it to be worth their time to do something about it, they look up the IP address 111.222.1.2 to see who owns it.

    They discover that 111.222.1.2 is owned by the East Pirateville Local ISP. What usually happens next is that they send EPLISP a polite letter, which says "Dear sirs, one of your subscribers at IP address 111.222.1.2 is stealing our things, please tell them to stop." EPLISP, in turn, checks their private company records to see which account was assigned that IP address. It turns out to be Johnny Animu, so they send him a letter saying "Dear Johnny, we've been informed that you may be violating copyright, stop that shit boy." Then, in a perfect world, Johnny knocks it off, and nothing more is done.

    If, however, Johnny continues being a retard, or if CH decided to skip the "asking nicely" step, what happens next is that CH goes to a judge, shows him the detailed logs of copyright violations, and asks for a subpoena to discover the identity of 111.222.1.2 so they can sue his ass for copyright infringement. The judge may be a rebel and say "Hell no, an IP address ain't a person, you ain't got shit for evidence, fuck off." Or, they may grant the subpoena.

    CH then hands the subpoena to EPLISP, and says "Tell us who 111.222.1.2 is so we can sue his ass." EPLISP says "Oh god please don't hurt us, 111.222.1.2 is Johnny Animu, here's his phone number and address."

    CH now has two pieces of information: they know that someone from IP address 111.222.1.2 violated their copyright, and they know that the IP address 111.222.1.2 was assigned to Johnny Animu. Do they know that Johnny Animu himself was the one who seeded that torrent? No, but in the eyes of the law, they don't fuckin' need to, because Johnny Animu signed a legally-binding contract with his ISP in which he agreed to be held legally responsible for all traffic to and from his unique IP address.

    It doesn't matter if his roommate did it. It doesn't matter if his friend did it. And it doesn't matter that CH is the one suing him, not his ISP. What matters is that it was his account.

    Now, a good lawyer is obviously going to make a huge difference in how this all pans out. So will the roommate, for that matter - if he steps forward and says "No, I'm Spartacus, I was the one who downloaded everything, I'm responsible," then CH will be perfectly happy to sue him directly instead. Or, a good lawyer could sit down with CH's lawyers and say "Hey, we both know that if this goes to court, you're going to get your ass beat down in public opinion, and you might not even win the case, so how about we settle this for a thousand bucks?" But barring any such legal intervention, this is the OP's mess to deal with, and telling him otherwise is very bad advice.

    Kate of Lokys on
  • 3lwap03lwap0 Registered User regular
    edited May 2011
    Holy shit, there is some bad advice here. Full stop, pump your brakes.

    First, and foremost, read this:

    https://www.eff.org/pages/frequently-asked-questions-subpoena-targets

    This link specifically mentions a case with 'The Expendables' torrenting controversy, not your anime addicted room mate, but the advice is still the same. In order of shit you need to do, I'd wager that:

    1) Don't ignore this. Failure to show up in court could render a default judgement against you.A default judgment may be legally enforceable, and could be turned over to a debt collection agency or otherwise be used to collect money from you. It can also harm your credit rating.

    2) Don't directly contact the persons suing you. Don't say shit to them. Don't do anything that could give them your name or address. The ISP may do it eventually, but don't do it for them.

    3) Get a lawyer. Here's a link to help you find lawyers who can help you with your options, for whatever state you live in: https://www.eff.org/issues/file-sharing/subpoena-defense

    If you're fast about this, and speed is key here, your lawyer could file a motion to quash the subpeona, and there's a chance this goes away. It may not be your fault, but you still have the legal target on your back. Good luck.

    3lwap0 on
  • SliderSlider Registered User regular
    edited May 2011
    Judges have already thrown out similar blanket Doe lawsuits, simply because people do not reside in the district, state, or neighboring areas where the lawsuit has originated.

    Right now, you have merely been threatened. Don't give credence to those threats.

    *edit* The EFF (above) is providing answers to questions regarding ISP subpoenas. What they don't address is the recent change in Doe and ISP subpoenas lawsuits, making legal representation unnecessary.

    Here is another example.

    Slider on
  • Andrew_JayAndrew_Jay Registered User regular
    edited May 2021
    -

    Andrew_Jay on
  • JasconiusJasconius sword criminal mad onlineRegistered User regular
    edited May 2011
    The appropriate response to a threat of legal action is to consult a lawyer.

    Not consult a forum.

    It's not a secret that these cases are complex. You'd be stupid to use any answer given to you here other than to consult an attorney who actually knows this field.

    Jasconius on
  • ShanadeusShanadeus Registered User regular
    edited May 2011
    Would just like to add that the contracts you sign with your ISPs aren't necessarily binding.
    A good lawyer might make a good case against the whole notion of you being responsible for the actions of your roommate.

    Shanadeus on
  • oldsakoldsak Registered User regular
    edited May 2011

    CH now has two pieces of information: they know that someone from IP address 111.222.1.2 violated their copyright, and they know that the IP address 111.222.1.2 was assigned to Johnny Animu. Do they know that Johnny Animu himself was the one who seeded that torrent? No, but in the eyes of the law, they don't fuckin' need to, because Johnny Animu signed a legally-binding contract with his ISP in which he agreed to be held legally responsible for all traffic to and from his unique IP address.

    It doesn't matter if his roommate did it. It doesn't matter if his friend did it. And it doesn't matter that CH is the one suing him, not his ISP. What matters is that it was his account.

    So yes it's a legally binding contract, but it's only legally binding as far his ISP is concerned. Only the parties to a contract can enforce the terms of the contract. Basically the content owner gets no benefits from the contract. His agreement to be responsible for activity on his connection means that the ISP can hold him responsible (and terminate services), but it does not mean that anybody else can.

    The fact that he agreed to be responsible for what happens on his account in his contract with his ISP means didly squat as far as the content owner and his potential copyright claims.

    oldsak on
  • TL DRTL DR Not at all confident in his reflexive opinions of thingsRegistered User regular
    edited May 2011
    Do not let petty vindictiveness cause you to fuck yourself. "Throwing the roomie under the bus" can't help you; it can only hurt you. The onus is on the complaintant to show that YOU (not just your IP address, thanks to a recent federal ruling) shared the infringing material. Saying "I told his ass to stop!" does nothing but prove that you knew it was going on.

    Do not pay a settlement without first consulting an attorney. These cases are basically mass-filed based on evidence that's dubious at best.

    Basically, you have no reason to cooperate. Your roommate is a dick, the people filing the lawsuit are very likely dicks, and you are in the unfortunate position of having to navigate your way out of a sticky mess. Keep a cool head, and you'll be fine.

    TL DR on
  • TL DRTL DR Not at all confident in his reflexive opinions of thingsRegistered User regular
    edited May 2011
    If I had to guess, I'd imagine that the ISP responsibility contract stuff is to preserve Safe Harbor - the provision in American law that says Google or Verizon, for example, aren't responsible if you use their service to download illegal terrorist pornography.

    TL DR on
  • 3lwap03lwap0 Registered User regular
    edited May 2011
    Jasconius wrote: »
    The appropriate response to a threat of legal action is to consult a lawyer.

    Not consult a forum.

    .


    Much less verbose than what I was getting at, but yeah, this. Very much this.

    3lwap0 on
  • saggiosaggio Registered User regular
    edited May 2011
    oldsak wrote: »
    Lets say your roommate steals a car then parks it in your driveway. The cops see it, see your name on the lease (his is not on the lease, they don't even know he exists), assume you stole it, and arrest you. Would you have any qualms about point in the cops in the right direction?

    It's his own mess, don't let him hide behind you.

    This would be great advice if the OP hadn't (almost certainly) signed a legally binding contract in which he agreed to accept full responsibility for any actions performed under his account. And no, "I didn't know he was doing it" is not a valid defense in this situation.

    By all means, go after the roommate, because he should be taking the blame for this. But realize that as far as the law is concerned, it's your name on the account, and that's what matters.

    He could probably third party his roommate if he was actually sued. That's worth keeping in mind.

    saggio on
    3DS: 0232-9436-6893
  • Modern ManModern Man Registered User regular
    edited May 2011
    The OP hasn't been sued yet. So, at this point there's nothing for him to do. Unless/until you get served with a lawsuit by somebody, nothing's happened.

    Tell your roommate to get his own internet service and hope for the best.

    Modern Man on
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  • Dr_KeenbeanDr_Keenbean Dumb as a butt Planet Express ShipRegistered User regular
    edited May 2011
    Modern Man wrote: »
    The OP hasn't been sued yet. So, at this point there's nothing for him to do. Unless/until you get served with a lawsuit by somebody, nothing's happened.

    Tell your roommate to get his own internet service and hope for the best.

    This is pretty much what I'm going with. All that has happened to me is that I have been informed by my ISP that the copyright holder has requested the information of several different IPs, one of which was assigned to me, and that they intend to comply with the request.

    No legal action has been taken against me yet so getting a lawyer at this point could just be wasting my money. If, once the ISP relinquishes my information, the copyright holder comes after me, I intend to seek legal counsel immediately. Seeking a lawyer before anything happens would likely just result in me losing a lot of money I don't have.

    I'm not making a serious move until they do.

    Dr_Keenbean on
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  • SimpsoniaSimpsonia Registered User regular
    edited May 2011
    Well I was going to post refuting Kate's point about contract law, but it seems oldsak beat me to it. Ah well.

    OP if you do get served, one thing to keep in mind is that while the EFF would almost certainly not take your case, they do maintain a list of attorneys who are passionate about these types of issues and would almost certainly be a better referral than some other source, and probably much more competent in copyright law as well, so it might be worth contacting them and asking for a local referral if it came to that.

    Simpsonia on
  • SliderSlider Registered User regular
    edited May 2011
    Modern Man wrote: »
    The OP hasn't been sued yet. So, at this point there's nothing for him to do. Unless/until you get served with a lawsuit by somebody, nothing's happened.

    Tell your roommate to get his own internet service and hope for the best.

    This is pretty much what I'm going with. All that has happened to me is that I have been informed by my ISP that the copyright holder has requested the information of several different IPs, one of which was assigned to me, and that they intend to comply with the request.

    No legal action has been taken against me yet so getting a lawyer at this point could just be wasting my money. If, once the ISP relinquishes my information, the copyright holder comes after me, I intend to seek legal counsel immediately. Seeking a lawyer before anything happens would likely just result in me losing a lot of money I don't have.

    I'm not making a serious move until they do.

    I really don't think you have anything to be worried about. Your claim that the roommate is to blame, in this case, is a valid argument. This is one of the reasons why more judges are siding in favor of the defendants.

    Slider on
  • ceresceres When the last moon is cast over the last star of morning And the future has past without even a last desperate warningRegistered User, Moderator mod
    edited May 2011
    DON'T release more information to us. We don't need it. Your lawyer probably will should you need one, but none of use are that person and anyway you don't yet. Anything you say here is easily tracked down, so just don't. You seem to have your head screwed on and a plan, so good for you. Keep track of all communication carefully, obviously.

    Slider, please read. No one is suing the OP. No one HAS sued the OP, and no suit has been filed to anyone's knowledge as yet. Information has been requested and that's all. Keep your pants on for everyone's sake, and don't ever ask for information like "who is suing you" in this forum.

    ceres on
    And it seems like all is dying, and would leave the world to mourn
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