Copyright Infringement Tips for Illegal Movie & Music Download Cases

I have represented a number of defendants in cases involving claims that they illegally downloaded a movie, video, music, or software. The following outlines the process involved in these illegal downloading cases and what to do about them if you find yourself defending claims that you illegally downloaded copyrighted material.

Illegal Download Lawsuit Process

The following steps are the typical process for ”John Doe” defendants in an illegal download case:

You get an internet connection.
You or someone with access to your internet connection downloads a movie, video, or music using torrent software (like BitTorrent, µTorrent, Xunlei, Vuze or BitComet), a web browser, or other internet downloading software (Kazaa, Bearshare, LimeWire, etc.).
The company that owns the copyright to the illegally downloaded material (“copyright owner”) identifies your internet connection’s IP address either by (a) using torrent software to connect to your torrent software or (b) getting a list of IP addresses from the website you downloaded from by getting a court order for that website to release it’s IP log files.
The copyright owner files a lawsuit in federal district court.
The copyright owner gets a subpoena ordering your internet service provider (ISP) to provide your name and contact information based the IP logs. The IP logs connect the illegally downloaded material to an IP address, and your ISP can connect that IP address to you because it was assigned to your internet connection at the exact time of the illegal downloads.
The copyright owner sends you a letter threatening legal action unless you pay a settlement amount (usually $2,500 to $4,500).
You either (a) consult with an attorney, (b) ignore the threat and hope it goes away, (c) negotiate a lower settlement amount, or (d) pay the settlement amount demanded by the copyright owner.
If you did not settle the claims, either you get sued or the copyright owner decides it is not worth suing you.

Illegal Movie Download Defense Tips

The following are a few practical tips to consider if you find yourself as a “John Doe” defendant in a lawsuit involving claims that you illegally downloaded a video, movie, or music:

You can generally negotiate the settlement amount. You do not need to accept their first offer.
Owners of copyrighted porn know that people are more likely to pay money to settle porn download lawsuits than other illegal download lawsuits simply to avoid the embarrassment of being listed in a federal lawsuit claiming you downloaded porn. This means downloading porn illegally is statistically more risky than downloading other copyrighted material.
Fighting a subpoena that attempts to reveal your identity is a waste of money because you will reveal your identity by fighting it.
The cost of fighting a case would far exceed the cost of every settlement I have negotiated.

Defenses Against Alleged Piracy

There are a number of legal defenses to consider, including these:

The court where the lawsuit is located may have no jurisdiction over you.
You should not be liable for the copyright infringement of another simply because that person used your internet connection to download illegal material without your knowledge or consent.
In torrent or BitTorrent cases, you cannot be liable for unauthorized copying (copyright infringement) when the copyright holder made the copyrighted material available to you with torrent software.

Downloading without Seeding a Torrent

I was recently asked whether it is possible for a copyright owner to sue someone for distributing a movie when all he did was download it with torrent software. The answer is yes. The nature of torrents is that you are sharing parts of the file while you download even though you are not seeding it. Thus, they can sue you for sharing a movie even though you have not seeded it.

Speak With A Piracy Defense Attorney

If you’ve been accused of illegally “pirating” software, music, games or movies, the most important tip of all may be to get help from a copyright lawyer. An experienced internet copyright attorney.

can analyze your particular circumstances, legal options, and legal defenses;
understands copyright infringement law; and
understands the technology and defenses in illegal movie download cases.

I am happy to represent clients in negotiating a settlement. Since these cases are federal copyright claims, the state where the case is brought does not typically matter for purposes of settlement. Typical settlement negotiations involve legal fees of $300 to $400 and a settlement amount is typically $2,000 to $2,500.

Companies Behind the Movie Download Cases

A couple companies have gained a reputation for being very aggressive in bringing legal action for illegal movie downloading and copyright infringement: Patrick Collins, Inc. and the US Copyright Group.

Illegal Porn Infringement Download

Patrick Collins, Inc.

Patrick Collins, Inc. is a pornography studio in Canoga Park, California. Patrick Collins, Inc. is also known as Elegant Angel Productions. The company was started by pornographic movie director Patrick Collins.

US Copyright Group

The US Copyright Group (UCSG) is operated by the Dunlap, Grubb & Weaver law firm. This firm also operates SaveCinema.org. US Copyright Group has brought copyright infringement suits against people for allegedly illegally downloading movies using torrent software.

Illegal Movie & Music Download Cases

There are a number of copyright infringement cases involving movies or music, and especially porn and similar adult movies. Examples include the following cases:

AF Holdings, Inc. v. Does 1-1,140, Case No. 1:11-cv-01274
Boy Racer, Inc. v. Does 1-34, Case No. 1:11-cv-23035
Boy Racer, Inc. v. Does, Case No. 11-29024 CA 05
Boy Racer, Inc. v. Does, Case No. 11-32622 CA 05
Combat Zone Corp. v. Does 1-63, Case No. 1:11-cv-09688
Digital Sin, Inc. v. Does 1 – 179, Case No. 1:11-cv-08172
Digital Sin, Inc. v. Does 1 – 179, Case No. 1:11-cv-08172, or “11 Civ. 8172″;
Digital Sin, Inc. v. Does 1-131, Case No. 1:11-cv-00281
Digital Sin, Inc. v. Does 1-145, Case No. 4:11-cv-00584
Digital Sin, Inc. v. Does 1-150, Case No. 1:11-cv-00280
Digital Sin, Inc. v. Does 1-167, Case No. 4:11-cv-00586
Digital Sin, Inc. v. Does 1-208, Case No. 4:11-cv-00583
Elegant Angel, Inc. v. Does 1-115, Case No. 1:11-cv-00245
Elegant Angel, Inc. v. Does 1-77, Case No. 1:11-cv-00247
Elegant Angel, Inc. v. Does 1-85, Case No. 1:11-cv-00246
Elegant Angel, Inc. v. Does 1-87, Case No. 1:11-cv-00243
Evasive Angles Entertainment v. Does 1-97, Case No. 1:11-cv-00241
Exquisite Multimedia, Inc. v. Does 1-178, Case No. 1:12-cv-00002
Hard Drive Productions, Inc. v. Does 1-1,495, Case No. 1:11-cv-01741
Imperial Enterprises v. Does 1-3,545, Case No. 1:11-cv-00529
K-Beech Inc. v. Carl P., U.S. District Court for the Eastern District of Pennsylvania
K-Beech Inc. v. Cesar V., U.S. District Court for the Eastern District of Pennsylvania
K-Beech Inc. v. Derek L., U.S. District Court for the Eastern District of Pennsylvania
K-Beech Inc. v. Hanna B., U.S. District Court for the Eastern District of Pennsylvania
K-Beech Inc. v. Joseph G., U.S. District Court for the Eastern District of Pennsylvania
K-Beech Inc. v. Paul F., U.S. District Court for the Eastern District of Pennsylvania
K-Beech Inc. v. Scott S., U.S. District Court for the Eastern District of Pennsylvania
K-Beech, Inc. v. George H., Shana S., Richard S., Brian T., and Catherine V. (Arizona U.S. District Court); Case No. 2:11-cv-01604 [11-cv-1604] (originally, K-Beech, Inc. v. John Does 1-54 (12/19/2011)
Lightspeed Media Corp. v. John Does, Case No. 2011-34345-CA-01
Lightspeed Media Corporation v Doe, Case No 11-L-683 (St. Clair County, IL)
Malibu Media, LLC v. John Does 1-08, Case No. 1:12-cv-00166
Malibu Media, LLC v. John Does 1-10, Case No. 1:12-cv-00405
Malibu Media, LLC v. John Does 1-10, Case No. 2:12-cv-00666
Malibu Media, LLC v. John Does 1-10, Case No. 2:12-cv-01647
Malibu Media, LLC v. John Does 1-10, Case No. 2:12-cv-01675
Malibu Media, LLC v. John Does 1-11, Case No. 1:12-cv-00237
Malibu Media, LLC v. John Does 1-11, Case No. 2:12-cv-00667
Malibu Media, LLC v. John Does 1-15, Case No. 1:12-cv-00163
Malibu Media, LLC v. John Does 1-15, Case No. 1:12-cv-00408
Malibu Media, LLC v. John Does 1-15, Case No. 2:12-cv-00664
Malibu Media, LLC v. John Does 1-16, Case No. 1:12-cv-00235
Malibu Media, LLC v. John Does 1-16, Case No. 1:12-cv-00399
Malibu Media, LLC v. John Does 1-17, Case No. 2:12-cv-00665
Malibu Media, LLC v. John Does 1-18, Case No. 1:12-cv-00407
Malibu Media, LLC v. John Does 1-22, Case No. 2:12-cv-00668
Malibu Media, LLC v. John Does 1-25, Case No. 3:12-cv-00362
Malibu Media, LLC v. John Does 1-26, Case No. 1:12-cv-00160
Malibu Media, LLC v. John Does 1-26, Case No. 1:12-cv-00161
Malibu Media, LLC v. John Does 1-27, Case No. 1:12-cv-00165
Malibu Media, LLC v. John Does 1-27, Case No. 1:12-cv-00406
Malibu Media, LLC v. John Does 1-27, Case No. 1:12-cv-00409
Malibu Media, LLC v. John Does 1-29, Case No. 1:12-cv-00397
Malibu Media, LLC v. John Does 1-30, Case No. 1:12-cv-00402
Malibu Media, LLC v. John Does 1-5, Case No. 1:12-cv-00233
Malibu Media, LLC. v. John Does 1-13, Case No. 3:12-cv-00358
Malibu Media, LLC. v. John Does 1-15, Case No. 3:12-cv-00369
Media Productions, Inc. v. Does 1-55, Case No. 1:11-cv-09550, or “11 Civ. 9550″
Media Products, Inc. v. Does 1-142, Case No. 1:12-cv-01099
Media Products, Inc. v. Does 1-168, Case No. 1:12-cv-00020
Media Products, Inc. v. Does 1-175, Case No. 1:11-cv-00248
Media Products, Inc. v. Does 1-34, Case No. 4:12-cv-00024
Media Products, Inc. v. Does 1-36, Case No. 1:12-cv-00129
Media Products, Inc. v. Does 1-43, Case No. 1:12-cv-00003
Media Products, Inc. v. Does 1-55, Case No. 1:11-cv-09550
Metro Interactive, LLC v. Does 1-56, Case No. 4:12-cv-00043
Millenium TGA, Inc. v. John Does 1-529, Case No. 13-2011-CA-032619-0000-01
Millenium TGA, Inc. v. John Does, Case No. 2011-31922-CA-01
Millennium TGA, Inc. v. John Does 1-529, Case No. 11-32619 CA 21
New Sensations, Inc. v. Does 1-1,474, Case No. 3:11-cv-02770
Next Phase Distribution, Inc. v. Does 1-126, Case No. 4:12-cv-00006
Next Phase Distribution, Inc. v. Does 1-138, Case No. 1:11-cv-09706
Next Phase Distribution, Inc. v. Does 1-93, Case No. 1:12-cv-00004
Nucorp Ltd. v. Does 1-246, Case No. 11-42403 CA 06
NuImage v. Does 1-3932, Case No. 2:11-cv-005450-JES-SPC
Openmind Solutions, Inc. v. John Does 1-313, Case No. 2011-32617-CA-01
Patrick Collins, Inc. v. Does 1-115, Case No. 1:11-cv-09705
Patrick Collins, Inc. v. Does 1-1544, Case No. 11-24714 CA 22
Patrick Collins, Inc. v. Does 1-159, Case No. 1:12-cv-00018
Patrick Collins, Inc. v. Does 1-2590, Case No. 3:11-cv-02766
Patrick Collins, Inc. v. Does 1-85, Case No. 4:12-cv-00007
Patrick Collins, Inc. v. John Doe 6, Ching Y., et al. (Arizona U.S. District Court; Case No. 2:11-cv-01602 [or 11-cv-1602] (1/7/2012)
Patrick Collins, Inc. v. John Does 1-915, Case No. 11-37821 CA 22
Raw Films, Ltd. v. Does 1-321, Case No. 11-42407 CA 37
Raw Films, Ltd. v. John Does 1-10, Case No. 2:12-cv-01653
Raw Films, Ltd. v. John Does 1-11, Case No. 3:12-cv-00368
Raw Films, Ltd. v. John Does 1-19, Case No. 1:12-cv-00236
Raw Films, Ltd. v. John Does 1-3, Case No. 1:12-cv-00234
SBO Pictures, Inc. v. Does 1-154, Case No. 1:12-cv-01169
SBO Pictures, Inc. v. Does 1-92, Case No. 1:11-cv-07999
SBO Pictures, Inc. v. Does 1-92, Case No. 4:12-cv-00025
SBO Pictures, Inc. v. Does 1-97, Case No. 4:12-cv-00026
SBO Pictures, Inc. v. Does 1-98, Case No. 1:12-cv-00021
Sunlust Pictures, LLC. v. John Doe, 1:12-cv-00656-CMA-KMT or 1:12-cv-00656
Third Degree Films, Inc. v. Does 1 – 216, Case No. 1:11-cv-09618, or “11 Civ. 9618″
Third Degree Films, Inc. v. Does 1 – 217, Case No. 1:11-cv-07564-JGK, or “11 Civ. 7564″
Third Degree Films, Inc. v. Does 1-195, Case No. 1:12-cv-00019
Third Degree Films, Inc. v. Does 1-216, Case No. 1:11-cv-09618
Third Degree Films, Inc. v. Does 1-217, Case No. 1:11-cv-07564
Third Degree Films, Inc. v. Does 1-259, Case No. 4:11-cv-00570
Third Degree Films, Inc. v. Does 1-259, Case No. 4:11-cv-570
Third Degree Films, Inc. v. Does 1-375, Case No. 4:11-cv-00572
Third Degree Films, Inc. v. Does 1-375, Case No. 4:11-cv-572
Voltage Pictures, Inc. v. Does 1-24,582, a.k.a., “the Hurt Locker case”, Case No. 1:10-cv-00873
West Coast Productions, Inc. v. Does 1-1,434, Case No. 1:11-cv-00055
Zero Tolerance Entertainment, Inc. v. Does 1–56, Case No. 1:11-cv-09703, or “11 Civ. 9703″
Zero Tolerance Entertainment, Inc. v. Does 1-52, Case No. 4:12-cv-00008
Zero Tolerance Entertainment, Inc. v. Does 1-56, Case No. 1:11-cv-09703

Recently, attorney Mark Borghese from the law firm of Borghese Legal, LTD. in Las Vegas, Nevada has been sending demand letters. These letters have claimed copyright infringement for illegal download of the following movies: 5 Days of Service & Consumption: Day 1 Massive Up Close Blasts in Your Face Toilet Boys, 5 Days of Service & Consumption: Day 2: Floods of Farts, 5 Days of Service & Consumption: Day 3 You’re One Lucky Son-of-a-Bitch, Bound Face Crushing Point Blank Farts, Human Toilet Can, 5 Days of Service & Consumption: Day 1 Aren’t you Excited to Have me Home, 5 Days of Service & Consumption: Day 2 This toilet seat is your frame FARTFACE, 5 Days of Service & Consumption: Day 5 Up Close Asshole Action, I’m Sitting on a Mother Lode Right Now, and My Fart Sniffing Cushion. According to the letter, TaylorMadeClips owns the copyright to these porn movies.

Responding to an Attorney’s Cease and Desist Letter

If you have been sent a cease and desist letter or demand letter from Mark Borghese or another attorney regarding copyright infringement, you should contact an attorney to protect your legal rights. A letter from a lawyer likely means that there is at least some evidence that you violated the law (or someone with access to your internet connection). Failure to respond could result in serious legal consequences to you.

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Mark
June 10, 2013 9:03 am

I leave my wifi access totally unsecured. I just don’t have anything to hide and I like to allow people, strangers and neiighbors nearby to access the internet. I don’t feel I need to lock my doors on my house either. Same goes for my car, I leave the keys in it while it is parked in the front of my residence. I am at liberty to live how i wish. Why should I allow myself this paranoid view of the world e.g. that I should live in fear? Or, that my residence is a prison cell and should be locked down. The internet isn’t property that I am responsible for, I am not going to provide security or be the bouncer.
Deus
March 30, 2013 3:43 am

I recieves a comast letter from Voltage Pictures, Inc. a.k.a., “the Hurt Locker case” If I completly ignore this letter..What are the negatives of this move? And if the matter lies in being sued! How bad will the sue be?
Jack
February 15, 2013 8:46 am

Can anyone give an update on a Borghese case? I got a cease and desist for several thousand and while the ISP looks similar to mine, I don’t recognize the videos in question at all.
William C.
February 10, 2013 6:49 am

I just received a demand letter ($3500) from satellite TV provider Dishnet. They claim that I subscribed to an internet service that provides access codes to electronically enable a satellite receiver to receive their copyrighted TV channels.
In order for Dishnet to prevail at court, do they have to show proof that I owned a satellite receiver and actually used the access codes for their intended purpose?
Thompson Hall
January 25, 2013 2:32 pm

John:

The current trend in copyright infringement cases are the “John Doe” defendants. Generally, the holder of the protected material will file a suit against hundreds, or even thousands, of defendants at once. This process, although controversial, has found support by some within the legal community. It is possible that you received this letter by mistake; however, the fact that the IP addresses are different is not conclusive proof “Conan” wasn’t downloaded on your network. Since you have already received warning letters, we would suggest you contact an experienced internet copyright attorney immediately.
John Balzate
January 20, 2013 5:53 pm

After Comcast letters of warning I received a settlement letter from a NuImage attorney for copyright infrigement of the move”Conan”( non porn, I presume.)Not only have I never downloaded any movie, the IP address stated is not mine. I do have a wireless router with only my wife and I living at our home.Does the non-matching IP address suggest that I should just wait and see if they sue?
Larry K
December 9, 2012 7:37 am

I received a notice on an instance of copyright infringement by my ISP, so I went to check it out only to find there were 5 notices (4 of them were for the same title). I did download both titles, but never distributed or made any copies of the material. Settlement options have been given to me, and I am considering them. What advice can you give pertaining to the 4 four notices for the same title?
Jim
October 22, 2012 9:46 pm

The following article was on CNN today. http://www.cnn.com/2012/10/18/tech/web/copyright-alert-system/index.html?hpt=hp_bn5
Is it unfair to those whom have been informed by their ISP that a subpoena has been served, to start warning others now?
Fez
September 12, 2012 2:51 pm

Hello sir,
I just got a letter from my ISP provider stating that they got a subpoena for copyright infringement from my ISP address. I did have roommates at the time. Also I have proof that I was not present at my house when this occurred. What can I do?
Aaron D. Hall
September 10, 2012 2:18 pm

Richard:

I’m not sure what to tell you except to consult with an attorney. As you know, like any legal violation, you should not ignore it.

Aaron
Richard
September 8, 2012 11:02 pm

Hi, I just was sent an email from Mark Borghese. It was a demand letter for $1500. I am not going to deny that I had the material up for access through a filesharing program that allows access to members that you allow access to and which was set to access more folders that I should have had it set for, but I am not in a position where I can afford that kind of money since I do not have a job right now. What should I do?
Aaron D. Hall
August 30, 2012 12:43 pm

Andrew G:

A letter from a lawyer likely means that there is at least some evidence that you violated the law (or someone with access to your internet connection). Failure to respond could result in serious legal consequences, so I do recommend you consult with an attorney.

Aaron
Andrew G
August 30, 2012 3:23 am

Going off what Andrew mentioned before, I also received a message from mark telling me I owe a certain amount also, and I in no way distributed anything. Same advice to consult my attorney on this matter? Thank you
Aaron D. Hall
August 24, 2012 6:24 pm

Andrew:

In general, receiving a cease and desist letter is an important event, so you should retain an attorney to advise you on your legal rights and options.

Aaron
Andrew
August 24, 2012 1:21 pm

Recently, I’ve had Mark Borghese send me an email about cease and desist, and told me that I’d be hearing from his lawyer. I’m not sure what I should do in this case. Is it safe to wait it out, or to take action?
Raul
May 17, 2012 6:33 pm

Mr. Hall,
I have put together two posts over at fightcopyrighttrolls.com regarding the Lightspeed Media Corp., lawsuit pending in St. Clair county. This blog is getting pounded with Does who are looking for news, views and representation regarding this matter. Please feel free to drop by and comment.

Thanks,
Raul
Annie E. Moose
April 17, 2012 3:31 am

Mr. Hall,

I noticed you are not at present listed on the EFF subpoena defense resources page. If it is helpful to have more clients in these type of cases, many Does look at that list early in their search for help.

(I have no horse in this race but have seen innocent friends ensnared in these schemes.)
Annie E. Moose
April 17, 2012 3:24 am

This sounds like a demand prior even to a motion for discovery for Elegant Angel (a.k.a. Patrick Collins, Inc.), a pornography studio business.

The ISP’s advice sounds sensible about avoiding contact, especially without clear knowledge of the case and situation. Contact with these types of plaintiffs has led to defendants having words turned against them, though they may be innocent.

There are some information sites for John Does who are the targets of these types of allegations. They include:

http://www.eff.org/issues/file-sharing/subpoena-defense
http://www.eff.org/issues/copyright-trolls
http://www.fightcopyrighttrolls.com/
http://www.dietrolldie.com/newbie-noob-start-here/

Educating yourself about these issues is important even when getting professional guidance. Unfortunately, the bad intent of the trolling schemes requires some work to get the picture. These schemes are money grabbing schemes disguised as copyright “defense”.

This is for discussion purposes only and should not be construed as legal advice.
Curt Harlow
April 12, 2012 1:24 am

I received an email from my internet provider stating – Re: Notice of Unauthorized Use of Registered Copyrights Owned by Elegant Angel Inc Case #: P12358388 “This notice is intended solely for the primary KMTelecom internet service account holder. Someone using this account has engaged in the illegal copying and/or distribution of pornographic movies. This notice may contain the titles of those movies, and therefore may contain text that is offensive to some readers.” “You may also be held liable for monetary damages, including attorney’s fees and court costs if a lawsuit is commenced against you. You have until Wednesday, May 9, 2012 to access the settlement offer and settle online. To access the settlement offer please visit copyrightsettlements.com and enter Case #: P12358388 and Password: ynbqv. To access the settlement offer directly please visit copyrightsettlements.com/?u=P12358388&p=ynbqv.”

My internet provider instructed me to NOT respond to the email or to click on the links. Do I need a legal consult at this time? Should I simply wait it out and see what happens?

Thanks,
Curt