Sued by Malibu Media for Copyright Infringement?
If you have been sued by Malibu Media for copyright infringement it is important to act quickly to protect yourself. These lawsuits are usually for illegal BitTorrent downloading of pornography. The way it works is a lawsuit is filed against a “John Doe” and an IP address. Then, a subpoena is issued to Comcast or another Internet Service Provider (ISP) to provide your name and address. The ISP will then turn over your information to Malibu Media’s lawyers. Next, the Complaint will be amended to include your name, as well as the names of anyone else who was unlucky enough to be caught.
Malibu Media LLC is one of the largest filers of copyright infringement lawsuits in the nation. In 2014, Malibu Media LLC filed approximately thirty-eight percent of all copyright suits. Malibu Media LLC is represented nationally, with Jason Kotzker in Colorado, Paul Nicoletti in Michigan, Illinois and Indiana, and Keith Lipscomb in Florida. Our office has worked with these attorneys to settle these cases for our clients in the past.
The Law:
According to 17 U.S.C. § 504(a)(2), where there is a copyright infringement the Plaintiff can elect to receive statutory damages in lieu of actual damages. An award of statutory damages may be recovered between $750.00 and $30,000.00 for each infringement as the court considers just. § 504(c)(1). Malibu Media, LLC v Brian Flanagan. 30 June, 2014. E. D. Pa. slip op. 2: 13-CV-5890. If the Court finds that the copyright violation is willful, then the Court can award the Plaintiff up to $150,000.00 per violation.
The most recent amendment to criminal copyright infringement was the No Electronic Theft Act of 1997 which has made it a felony to reproduce or distribute copies of copyrighted work electronically. Congress also enacted Title I of the Digital Millennium Copyright Act (DMCA) in 1997. The DMCA prohibits “circumventing a technological measure that effectively controls access to a work protected under this copyright title.” 17 U.S.C. § 1201(a)(1)(A). There are two types of copyright infringement acts, a commercial and non-commercial act. A commercially motivated infringement is subject to higher penalties. A commercially motivated infringement act can be penalized up to 5 years in federal prison and approximately $250,000 in fines whereas. A noncommercial act can receive one year of federal prison and $100,000 in fines.
What We Can Do to Help:
Our attorneys have been successful in confidentially settling copyright infringement cases. A settlement is in most cases the best resolution for several reasons. First, it is much less expensive than full blown litigation. Second, a settlement can be made confidential. Even if you obtained a dismissal through a trial after potentially spending tens of thousands of dollars your name will still be all over public filings related to pornography and online piracy. A settlement keeps your name private while potentially saving you money on attorney’s fees. Time is of the essence. If you have been served with a subpoena, then call us now.
Malibu Media Copyright Infringement Lawsuit? We Can Help. For more information about illegal Bit Torrent Downloading, or to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a Confidential Free Consultation or contact us with a private message.
See also our Bit Torrent Download Defense Article Here
