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BITTORENT LITIGATION - SUED FOR FILE SHARING - FILE SHARING LITIGATION

What is file sharing litigation?

Several websites permit file sharing between people from their computers, laptops, and mobile devices. The Motion Picture Industry and most recently the pornography and adult film industry began installing programs to capture the IP addresses and other identifying information on those individuals who illegally download and "share" their movies without paying for them. Once they get your IP address, individual and mass lawsuits have been filed against the named individuals or John Does. In the John Doe cases, the movie and porn companies ask a Court to allow discovery of your name from your internet provider or other sources. You may then be sued for copyright infringement.


What happens if I am sued for copyright infringement for illegally downloading a movie or porn?

Federal copyright law provides for a variety of damages which a copyright holder may be entitled to if you infringe on their copyright. These may include:

  • Injunction to prevent further viewing and/or dissemination of the movie or porn
  • Impounding and disposing of the infringing articles
  • Statutory damages in a sum of not less than $750 or more than $30,000 as the court considers just
  • Statutory damages for willful infringement in a sum of not more than $150,000
  • Attorneys' Fees
  • Court Costs

 

Where can you handle cases for those accused of or sued for file sharing?

  • All Florida State Courts
  • US District Court for the Southern, Middle and Northern District of Florida


What are some common defenses to illegal file sharing litigation in Florida?

The holder of the copyright must prove in part that they own the copyright and that you infringed on their copyright. Some common defenses include:

  • It wasn't me - With wireless routers and unsecured networks, unauthorized use of your network may give the false impression that you infringed on someone's copyright when in fact someone else using your IP address may have committed the infringing act.
  • Fair use
  • De minimus - the amount taken was minimal
  • The alleged movie or porn is not copyrightable
  • Statute of limitations has run
  • The data produced by the copyright holder is not credible and there is no proof of infringement

How can I retain you?

Depending on the allegations and extent of work required, we handle cases on a flat fee and hourly basis. Call Jason Turchin at 800-337-7755 for a free consultation.

 

I am being sued in Florida, but live in another state. What can I do?

We can still help. In many cases, you would not need to come to Florida for your case. Most communications can be handled by phone, fax and email.

 

Florida File Sharing Lawyer - Bittorent litigation miami - Ft Lauderdale porn sharing lawsuit - dade county lawyer for copyright infringement lawsuit 

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