The question is, did the notification actually come from Comcast? or was it a company "representing" Comcast.? You should be able to look at the filing and see if your IP address is actually one of the 20 named as John Doe defendants.
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Yes, the notification came from Comcast and it shows the table of ips, one of them is my public ip.
For what I can tell and I've read, having just the ip address does not give them enough leverage nor is enough evidence to actually sue me. What are your thoughts on this?
A chat with an attorney sounds like a good idea. The address in your original post correlates with a law firm that does indeed represent Comcast. You need to to file a motion with the court to sever and quash the subpoena, prior to the date specified in your letter.
Well Dallas buyers club llc does not represent comcast, there is a lawyer from golden Co, representing Dallas Buyers Club, llc.
From the research that I have done, even if I file to quash, they can still gather my information and go after me directly, hmm.
But it seems that they are after profit and since and ip address alone is not enough evidence to hold in court, non the less. I shall speak with an attorney, anyone recommends one?
PM incoming....
Being someone who has successfully defended myself from something very similar to this in federal court I would strongly suggest you get the subpoena quashed (or attempt to). Like I said, *if* they get to discovery let me know and I will put you in touch with the folks that can do the forensic analysis for you.
All that said- an IP address does not equal location. This can be disproved a thousand ways from Sunday. Even if they get the judge (Blackburn I am guessing - haven't read the claim) to believe it is (which he shouldnt, since he has been properly briefed on this before), you can show that they didn't take proper care in the chain of custody for all the logs of your IP. There is a bazillion ways here.
But again, if it is a proper suit - then get an attorney. Yes it will cost you almost the same amount it does to settle (the suits are designed that way), but it keeps them from doing a forensic scub on your hard drive.
did this subpoena come to you via certified mail or some other mail that shows it was received by you. In person?