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Mass Copyright Infringement Lawsuit Defense
By Elliot Zimmerman on Sunday, January 06, 2013 - 06:47 AM
CyberLaw

Are you a potential defendant in a mass copyright infringement action?

Record and film companies continue the practice of filing mass copyright infringement lawsuits lumping thousands of defendants together, namimg each defendant "John Doe" or "Jane Doe" or "Does 1-2500." Courts issue subpoenas to these defendants' cable or internet provider to give up their identity. In turn, the cable or other internet provider sends each potentital defendant a letter stating that their IP address has been identified in the downloading of a controlled work (film or mp3) threatening to reveal their identity unless the potential defendant files a motion to quash in the issuing court.

Often, the download contains pornographic material, and the potential defendant would be embarrased if his or her identity is revealed.



The stakes are high for anyone identified in these slipshod cases. The strategy appears to be threaten a judgment of up to $150,000 per downloaded movie or tune (the maximum penalty allowable by law in copyright suits and a very unlikely judgment in cases arising from a single, noncommercial infringement) in order to pressure the alleged infringers to settle quickly.

Notwithstanding, an adverse judgment could be for incredible damages. In the retrial of RIAA v. Thomas, the Defendant was found guilty of willful infringement of copyright in the amount of $1.92M by a jury in a Minnesota federal court.

If you are faced with the foregoing, it is important to get legal advice to help you decide whether to fight or settle. We recommend that you do not try to do this yourself, because at the very least, if you want to settle as a matter of convenience, you should do so anonymously. If you represent yourself, this would be impossible. It is imperative that you select an attorney who not only practices entertainment law, but internet and technology law (“cyberlaw”), intellectual property law, and litigation.

Contact us for assitance.

Elliot Zimmerman, P.A.

Board Certified Intellectual Property Lawyer
1776 N Pine Island Road, #224
Plantation, FL  33322
954.565.6996

 
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CyberLaw Offices

Elliot Zimmerman, P.A.

Attorney At Law
Board Certified Intellectual Property Lawyer

Board Certified Intellectual Property Lawyer

1776 N. Pine Island Road, Suite 224
Plantation, Florida 33322
In Fort Lauderdale, Broward County, Florida, call (954) 565-6996
In Boca Raton, Palm Beach County, Florida, call (561) 989-9990

legal@cyberlaw.info
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CyberLaw.Info (tm): CyberLaw, Internet Law, Entertainment Law, Music Law. Board Certified Intellectual Property Lawyer. Rated AV by Martindale-Hubbell. Personal Injury Law, Insurance Law and Litigation. CyberLaw Attorney, Internet Lawyer, Entertainment Lawyer, Music Lawyer, Personal Injury Lawyer, Insurance Lawyer and Litigator Serving Fort Lauderdale, Boca Raton, Weston, Plantation, Hollywood, Hallandale, Pompano Beach, Delray Beach, Boynton Beach, Palm Beach, Aventura, Miami, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1981.


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Law firm licensed to practice law by the State of Florida and the United States District Court for the Southern District of Florida since 1981. Board Certified Intellectual Property Lawyer authorized to engage in a multi-jurisdictional federal copyright and trademark practice.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. You may view Mr. Zimmerman's qualifications and experience here.

Not all results are provided, the results are not necessarily representative of results obtained by the lawyer, and a prospective client's individual facts and circumstances may differ from the matter in which the results are provided.

Nothing in this web site should be construed as legal advice to you and does not establish an attorney client relationship between us. You should not rely upon any information contained herein without separate independent legal research and advice. Our law firm is under no obligation to respond to correspondence, including, without limitation, email, until a written retainer agreement is executed. Nothing contained herein should be construed as an endorsement of any and all products or services contained herein or accessible herethrough. By using this web site you agree to abide by our Terms of Use and Privacy Policy. Advertisement.

Our Designated Agent Under 17 U.S.C. 512(c)(2) to Receive Notification of Claimed Copyright Infringement and Registered Agent to Accept Service of Process is: Mr. Elliot M. Zimmerman, Esq., President of Elliot Zimmerman, P.A., a Florida Professional Association, 1776 N. Pine Island Rd., Ste. 224, Plantation, Broward County, FL 33322, Phone: 954.565.6996, Email: legal@cyberlaw.info.

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