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Quote:
Originally Posted by asmo
So far I only received a notice from Comcast that the court has sent a subpoena for my information, seems that the lawyer representing Dallas Buyers Club LLC, he is from Golden Colorado ( Once I get back home I can post the case number and the name of the laywer ) somehow he persuaded the court, to grant his motion to find out who are the Jon Doe's, with just an public IP... I am still baffled that that even passed the court.
I don't see how they can send you an official document in the regular mail. It would have to be certified, or delivered in some way that there was proof it was given to you.Quote:
Originally Posted by lc_nab
I don't have a leg to stand on but I'm going to vote on scam myself. Doesn't seem right to be official.
I received two documents one via USPS the other via ups, but it was a notice from Comcast saying that a subpoena was sent to them from the court and it stated from who, which is the Dallas Buyers Club, llc. Neither was on certified form, nor I had to sign for it, they where left at my door\mailbox.
I thought it was a scam, but the docket number matches, when I gave it a web search.
Looks like they are already loosing. Get an attorney now.
07/14/2014 15 NOTICE of Voluntary Dismissal of Party John Doe 2 by Plaintiff Dallas Buyers Club, LLC (Stephenson, David) (Entered: 07/14/2014)
07/14/2014 16 Party John Doe 2 terminated pursuant to the Notice of Voluntary Dismissal filed in this case on 7/14/2014. Text Only Entry (evana, ) (Entered: 07/16/2014)
07/19/2014 17 NOTICE of Voluntary Dismissal of Party John Doe 16 by Plaintiff Dallas Buyers Club, LLC (Stephenson, David) (Entered: 07/19/2014)
07/21/2014 18 Party John Doe 16 terminated pursuant to the notice of Voluntary Dismissal filed in this case on 7/19/2014. Text Only Entry (evana, ) (Entered: 07/22/2014)
07/29/2014 19 NOTICE of Voluntary Dismissal of Party John Doe 9 by Plaintiff Dallas Buyers Club, LLC (Stephenson, David) (Entered: 07/29/2014)
07/29/2014 20 Party John Doe 9 terminated pursuant to the Notice of Voluntary Dismissal filed in this case on 7/29/2014. Text Only Entry (evana, ) (Entered: 07/29/2014)
08/05/2014 21 NOTICE of Voluntary Dismissal of Party John Doe 1, John Doe 3, John Doe 5, John Doe 18, and John Doe 19 by Plaintiff Dallas Buyers Club, LLC (Stephenson, David) (Entered: 08/05/2014)
08/05/2014 22 Party John Doe 1, John Doe 3, John Doe 5, John Doe 18 and John Doe 19 terminated pursuant to the Notice of Voluntary Dismissal filed in this case on 8/5/2014. Text Only Entry (evana, ) (Entered: 08/06/2014)
08/16/2014 23 NOTICE of Voluntary Dismissal of Party John Doe 10 by Plaintiff Dallas Buyers Club, LLC (Stephenson, David) (Entered: 08/16/2014)
I really want to stay out of this - but its like watching a bad car accident you know is going to happen.
Did you just get a letter from Comcast stating they received a Subpoena re: your IP, or did you actually get a demand/complaint letter that looks similar to: http://copyrightletter.com/wp-conten...omplaint51.pdf
You really dont have any idea what you are talking about. What he has received (I believe) is a courtesy notice from Comcast telling him he is about to be fucked - and if he would like the complainant to use a smaller dildo, then he should probably reply. Comcast is under zero legal obligation to send him shit and is being nice by doing it.Quote:
Originally Posted by mtnrider
https://www.docketalarm.com/cases/Co...oe_1_et_al/11/
This is the company that Dallas BUyers Club, LLC , used, to track the IP's Crystal Bay Corporation , I did a search but nothing came up, except links to this http://dietrolldie.com/tag/crystal-bay-corporation-cbc/ , stating that they are a bogus company...
This is the complaint; http://copyrightletter.com/wp-conten...omplaint52.pdf
A letter from comcast stating that they received a subpoena.Quote:
Originally Posted by asmo
That can't be the same one, since it shows that the one that has "my ip" was created on September 4th.Quote:
Originally Posted by asmo
If you did not download the movie, crumple up the Comcast notice and tell the Dallas Buyers Club to go fuck a train.
I wish it were that easy, but I did not download that movie.
A few months ago I got a letter from Comcast stating that my ip address was linked to a download of a movie. They had the date, time, movie, ip address. They also said the complaint and any further action would come from the movie production company or whatever. Comcast wanted me to send them an email back explaining the situation. I simply told them that I access the internet with my ipad via my wireless network and there is no way to download a movie onto an ipad. Explained that there is not a laptop or computer with storage capability in the house and that the wireless signal must have been hacked and used by a neighbor. Told them that since I received the letter I have changed my wireless password. Have not heard a word beyond that letter.
It would be great for you not to have to hire a lawyer. Sounds expensive.
Personally I would wait till you get a formal summons or a certified letter before you start paying a lawyer. Maybe they expect you to panic, call them and start opening up your wallet.
Please read it carefully, the one I dealt with does not come from COMCAST. It has similar name that mentioned comcast.Quote:
Originally Posted by lc_nab
This is what they sent me.
http://tapatalk.imageshack.com/v2/14...a4cdaf0e00.jpg
It appears it is quasi legal extortion, you need to remain ahead of the situation, and you are not alone.
This site seems to have good information/advice:
http://fightcopyrighttrolls.com/faq-men/faq/
That's not good advice.Quote:
Originally Posted by colorider
Definitely not so much of a good advise. But I did not download that movie. So far I've been researching and reading from the posted links. I feel much better now by knowing what I am dealing with and how to deal with it.
When I lived in NY I use to get emails from Comcast constantly saying I was in violation of something. I emailed them back explaining to them I lived in a multi family building and asked them is there anything I can do on my end to prevent it.I kept emailing them asking for the ip's and downloads in question and got nothing back.So I finally cancelled them and when they asked why I just explained to them that there service was not worth me going through legal actions due to their failure to communicate with me and resolve issues.
Never heard from them again and I will never use them again
It is legal extortion. I don't know how these guys get away with it but they do. Many states immedietely throw these cases out but Colorado cooperates for some reason. The Hurt Locker made as much or more $ extorting people than they did at the box office. Like I said their goal is to scare you into paying a settlement. Like I said before do not answer their calls once comcast releases your info assuming this is not quashed.
If you are going to mess with torrents use a private VPN service. Not saying you did it but someone did from your IP address. Is it not secured? It wont matter at this point, just keep and eye on the case and keep up with the status. These rarely go to trial. If they can get half the John Does to settle they are happy and will eventually give up. Like others have said there are many local attorneys that deal with this but their fee will be as much as your settlement and many will encourage you to settle.
There may be more info about your specific case here http://dietrolldie.com/ There is also a TON of good advise on the site.
You can also track the progress of the case at a .gov website.
Any update on this? Close family friend just got a similar letter. The only person that is home is old grandma that doesn't even know how to use a computer not to mention torrents. Everyone else is at work so no one could have downloaded it.
They're all in jail.Quote:
Originally Posted by kwando
Seriously who da fuq pays attention to anything comcast says. They can't connect you with a mainland CSR, let alone someone who has a grasp on the english language.
You can hire an attorney and attempt to quash the subpoena, however, this would probably not succeed. Do you have wifi at the house? Is your wifi router secure? WEP/WPA, etc...? Have you or anyone else at the house shared your access information to use your wifi router? How many houses or streets are near enough that someone could access your wifi router?
If you are certain whoever is investigating will not find what they are looking for on your computer, then you have little to be worried about. I would suggest you backup any data from those computers and keep the backup somewhere other than your house. If someone serves a search warrant for the computers in your home, they will have them for a while. If this happens, you may want to consult with an attorney at that point.
I saw a link where a case like this was dismissed for "misjoinder". I believe the courts found improper "speculative invoicing".
Australian court decision http://www.zdnet.com/article/court-d...to-infringers/
California https://casetext.com/case/patrick-collins-127
http://www.motherjones.com/politics/...ddress-lawsuit
I am not a lawyer, but I have represented myself sucessfully in the courts for most of my life!
See the links in my post #18
My friends just received a certified letter from the law firm.
http://i96.photobucket.com/albums/l1...ps5tyao7sk.jpg
I apologize to all for not being able to answer before, I thank you all for your advise and concern and opinions about the matter.
As of a few weeks ago, they dropped the ip address that comcast gave me from the case, seems that after consulting and gathering all the information and reading some of the laws.
They do not have enough evidence to hold you accountable "assuming that you are guilty" and only an IP address is not enough evidence, secondly a shady company was used to trace the IP address that supposedly was used, third it is in fact that the lawsuit is against the IP address that they claim that you used and it is not directly at you, unless they name you.
Which is highly unlikely that they would, because again the lack of evidence and that it would cost more money to do so, since they are only look for quick profits. Going to court with no means other than an IP address is set for failure, but then again there is always that chance. Have your friend read, learn and consult if needed. And keep any letters sent to him, to use it against them if he is ever summoned, he can show it as harassment. Of course I am not a lawyer and by no means this is not legal advice, if ever in doubt always consult a lawyer that knows about this cases. Check copyright trolls or die troll die , it has plenty of info.
When I was doing that type of work, we would frequently remind the easily exciteable crowd (supervisors) that "You can't put cuffs on a keyboard; so you need to put a body at the keyboard at the time the crime was committed."
There are ways of doing it without actually catching people in the act, but it requires quite a bit of good investigation coupled with good forensic work. It certainly doesn't work the same way in real life the way it does on CSI or NCIS [Coffee]
Glad to hear it turned out well for you.