Copyright Trolls - Similar to the JDB Scam Business Model?

[cwrose79]

Hello,

Its been a couple years sine Ive had to use this forums knowledge but here I am back again.  This time its not because of a JDB but a Copyright Troll.  Here's my story...

I get a letter in the mail from my ISP saying that ive downloaded a Nicholas Cage movie and that they have been subpoenaed to reveal the names me and some other Does.   I check my computer but find no movie so I file the letter away and move on. 

Couple weeks later a big package comes in the mail that has the subpoena to the ISP and a settlement letter tell me to pay $4,000 or they will name me as a defendant in the law suit or sue me personally.  The letter says that they have my ISP address and that its like a finger print and if I don't pay them the 4k the settlement can go as high as 150k for copyright infringement!?!  I have until 5/19/16 to respond.  They gave me a legit case#.  It shows that the judge gave them until July to start naming the 16 Does. 

Im not a copyright infringer.  I don't use Bit Torrents.  My wireless network is open to all gusts that come into my home.  cox prints the password to it right on the cable modem.  After doing some research I found the DietrollDie blog.  It seems like this is been happening more and more lately.  The copyright troll will send out a mass subpoena so they can get names of people to send threats and hope to get settlements with no intentions of ever going to trial.  It looks like they are starting to name people to bring them to the settlement table faster though.  

This all feels very predatory and I cant help but feel a little helpless since theres not a lot of instruction or follow up on peoples experiences.  Most of the stuff ive found just says they are getting settlement letters demanding money.   A few people have said they were served. 

My questions:

1. Has anyone had any experiences with a copyright troll?

2. I'm wondering if I am sued, could Arbitration work as a defense if I could find an Arb Agreement on the company. 

PTG Nevada LLC. (which is the LLC created for Voltage Pictures)

[Clydesmom]

20 hours ago, cwrose79 said:

My wireless network is open to all gusts that come into my home. 

This may be your problem.  Look at the original letter stating what date they claim the movie was downloaded.  If you had guests staying with you in that time frame then one of them probably did download it using your ISP and you would be responsible.

20 hours ago, cwrose79 said:

1. Has anyone had any experiences with a copyright troll?

No but I have received a letter stating a movie was downloaded.  I discovered my brother had done it and simply informed the ISP that without my consent or knowledge he had done this and that his use of the internet had been blocked.  I never heard another word.

20 hours ago, cwrose79 said:

2. I'm wondering if I am sued, could Arbitration work as a defense if I could find an Arb Agreement on the company. 

No.  The problem is you don't have a contract with the owner of the copyright of the movie.  The issue is with them not the ISP.  You cannot force them to arbitrate when they are coming after you for an infringement of their rights.

20 hours ago, cwrose79 said:

PTG Nevada LLC. (which is the LLC created for Voltage Pictures)

A quick Google search reveals this is actually a very serious matter and this company is not likely to be a troll looking for quick payouts.  They have filed federal lawsuits over this and served subpoenas on several ISPs as part of the over all case.  The major mistake you made was ignoring the first letter.  Had you responded to them they likely might have moved on from you;  there was an opportunity to quash their subpoena to your ISP but now that it has been served and answered that is way too late.

There are several law firms that are advertising to handle these issues and you are going to need a lawyer well versed in copyright law to deal with this or yes, it is going to cost you a LOT of money.  They are serious and not going to go away.

[Clydesmom]

20 hours ago, cwrose79 said:

My wireless network is open to all gusts that come into my home.

To solve this issue I created a second network in my home for guest use only and should something like this happen it would be clear it was on the guest network and I can immediately direct them towards the person who actually did do the deed.

[Coffee_before_tea]

@Clydesmom  You may want to rethink this strategy.  A second network which is setup specifically for guests, is still coming from the same IP address that your ISP provides you.  In other words, you can have 10 different networks setup behind your ISP Modem, yet the ISP provides you with a single IP, and all traffic routes to that IP.  These people go after the downloaders at a specific IP, in which your ISP provides.  

If downloading is a ongoing issue, then block access to your network for all people that you trust 100%.  

 

1 hour ago, Clydesmom said:

To solve this issue I created a second network in my home for guest use only and should something like this happen it would be clear it was on the guest network and I can immediately direct them towards the person who actually did do the deed.

 

[Coffee_before_tea]

There are some potential angles here:

-  Depending on what type of equipment you have, the ISP's often have their tech's setup the Modem & wifi.  They could have opened the wifi.
-  You could file an Arbitration claim against the ISP for claiming you downloaded a Nick Cage movie, and for configuring your modem incorrectly allowing it to happen.

The evidence for downloading movies is pretty sparse.  IP addresses are easily spoofed, and not generally reliable when getting to the nitty gritty.  If they had the MAC address to your computer (which is the physical hardware address of your wifi/ethernet port), then this is much more compelling evidence.  

Given that your network was 'open', anyone could have downloaded movies.  Do you have a time & date of when this occurrence happened?  If so, is it a time of day where you would be actively using the internet?  Were you gone from the house, out of town etc...  Generally, they'll need Proximate Cause.  It's like if someone stole your car, and then committed a crime whilst using your stolen car. 

[Coffee_before_tea]

There's also many court cases that describe how other "Does" went about quashing their inclusion in these swarm type suits.  It'd be a good idea to start formulating a strategy, doing nothing will likely be a disastrous scenario

https://scholar.google.com/scholar_case?case=13369968848933138196&q=torrent+copyright&hl=en&as_sdt=20006

 

[WhoCares1000]

Also, IP addresses are not like finger prints. Do some research and you will find that ISPs change IP addresses all of the time and IP addresses are easier to spoof than caller IDs.

[shellieh98]

Not only that, but they are asking you for 4k. You have not been sued, you do not have any contract with this person sending, and even IF it were legit, they would still have to prove you downloaded a movie.  Personally I'd tell them to pound sand, come and get me, and I'd have a nice counter suit should they try. I have a feeling they would move on to easier prey. Oh and did you check with your cable carrier?  Could be a spoof er too. You would not be sued by Cox cable, you would be sued by if at all by the person who holds the copyright to the movie.  Not to say it can't happen, but it is doubtful, they don't go after the little guy, they go after the ones who make the apps that allow you to do it. 

[Clydesmom]

4 hours ago, shellieh98 said:

Oh and did you check with your cable carrier?  Could be a spoof er too. You would not be sued by Cox cable, you would be sued by if at all by the person who holds the copyright to the movie.  Not to say it can't happen, but it is doubtful, they don't go after the little guy, they go after the ones who make the apps that allow you to do it. 

It isn't the cable provider going after him it is the holder of the copyright to the movie.  A quick google search reveals this is NOT a spoofer but a legitimate business that has filed several John Doe federal lawsuits over copyright infringement.  The problem for the OP is that when they filed the first warning shot letter they ignored it and failed  to file a motion to quash the subpoena to their cable company which got the Plaintiff their identity.  

However further research shows many people who received this second letter demanding money still have not been sued even though they ignored it.