Can I be arrested for copyright infringement for downloading peer to peer network content?

I received a letter from a law office representing a media productions company claiming that I illegally downloaded a porno movie in April of 2010 through a P2P network. I do not remember if I have downloaded the movie. I've completely searched through my computer & and I could not find the file in the hard drive anymore. It is either, that I have downloaded it and deleted it, stored on a old hard drive that died on me, or it was a corrupt file that I was not able to download completely. The other thing is that the internet service isn't even under my name. This is under my mother's name as I am currently still living with her. I'm having trouble wrapping my head around this thing and what the best option is for me to pursue. Obviously I want the most economical way out, don't want my mother dragged into this. I don't know if it matters, but this company is based in California. I searched the internet on the case and according to filings, I think I’m getting summoned soon, by which I mean my mother because her name's on it. What do I do? I am looking to find a good lawyer that I can afford as I do not have the money.

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Answered By: Mark S. Hubert PC

There is a potential for this costing you a substantial amount of money - either in damages or attorneys fees (probably the attorney's fees).

Answer Applies to: Oregon
Replied: 9/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Barton Barton & Plotkin

This is a common problem, and you are wise to seek legal counsel. You probably will not be prosecuted criminally for this. However, the owners of the copyright in the movie will insist that you pay damages to settle the case. These types of demand letters are increasingly common, and they are legitimate. The way this works is as follows: There is now computer technology that allows copyright owners to trace the internet protocol address used to illegally download copyrighted material through a file sharing service. (By the way, the fact that this is porn makes no difference, copyright law protects porn movies the same way it protects cartoons). When the copyright owner finds the address of the owner (or owners) associated with the internet protocol address, they send a demand letter which requires payment of an amount to settle the case. If you do not settle, they commence suit against you. On many occasions, the law suit is commenced even before the demand letter is sent. These are so-called "John Doe" suits. The copyright owner and its lawyers sue many "John Doe"s in the same suit. They then ask the Court to order the internet service provide to identify the subscribers of internet service associated with specific internet protocol addresses. Once the real "John Doe" is identified, the lawyers send a demand letter. If this procedure was followed in your case, it means you and/or your mother have already been sued. Do you have a viable defense to such a suit? Maybe but it is difficult. If copyrighted material was downloaded using this IP address, there is a strong presumption that the subscriber of the internet service associated with the address was responsible for the download. The fact that you cannot find a copy on your computer does not prove innocence because you might have erased it, changed the hard drive, or otherwise made the file go away. You might be able to prove that your mother or some third party was responsible for the download (rather than you), but then the lawyers will go after the responsible party (and I doubt that you want to blame your mother for this). You might also be able to show that you used a wireless internet system in your home, and somebody outside of your home may have wrongfully tapped into your system to obtain the illegal download

Answer Applies to: New York
Replied: 9/26/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.