Should I Settle?
Clients often indicate this decision was an emotional one. Be sure you have enough facts to believe you are reasonably informed before you make your decision. The following is not intended to be legal advice. Seek competent legal counsel for your specific situation.
A settlement buys you peace of mind and, if you settle through an attorney, the ability to settle and make payment anonymously. But it also ensures the plaintiff a profit. We want our clients to be sure they have all the available facts they need to make an informed decision: to settle, to fight, or to do nothing and wait.
If you do not settle, this may put you at risk of having to appear in court, pay larger legal defense fees, and face the possibility of being held legally liable for a large amount of money. Not settling forces the plaintiff to have to prove their case in court – something they may or may not be able to do. If the plaintiff cannot prove their case in court, you may have to pay nothing to them. In no event should you ignore being served a summons.
Can I Just Do Nothing and Wait?
Yes. If you have received notice from your ISP that it has been subpoenaed to provide your identity – and even if you have received a settlement demand letter from a law firm, if you have not been served with a lawsuit you can do nothing and wait. I have often described this phase as a game of chicken (a horrible game in real life) where you can either not spend a dime because the case goes away (or they don’t get to sue you for some reason), or if they do sue you it will cost you more for defending it, to settle the case, or both. You should reflect on how you feel about these outcomes; nobody is in your shoes but yourself. Consult an experienced attorney to analyze the facts applicable to your circumstances and the plaintiff you are facing.
In no event should you ignore being served a summons.
See this case where a defendant ignored the summons and as a result ended up with a very large default judgment entered against him.
ISP Subpoena & Copyright Defense, BitTorrent lawsuits, Retain Antonelli Law
Have questions? Use our simple contact form to have an experienced BitTorrent copyright defense attorney contact you for a free, in depth initial consultation, call us at 312-201-8310 or email us at Jeffrey@Antonelli-Law.com.
This is a swiftly changing area of law and we continually follow the latest developments. Comparing lawyers? Our firm principal Jeffrey Antonelli is a member of the federal trial bar of the Northern District of Illinois and has been a civil litigator for nearly 20 years. Our last complex trial involved computer firewalls, sophisticated commercial networks, and a Microsoft certified expert.
Many people are receiving notices from their ISP (Internet Service Provider) informing them a subpoena was received demanding their name and address. If you do nothing, the ISP will release your name and address to the plaintiff’s attorneys on the date indicated in the notice. People are also receiving Summons in the mail requesting waiver of service of process. Call us for a free initial consultation if you receive either of these.
We offer a reasonable Flat Fee for helping you settle and remain anonymous in many cases; and reasonable fees for motions to quash and for defending you if you are named as a defendant in a copyright infringement lawsuit. We gladly accept referrals from other attorneys and accept clients nationwide.
For more information on receiving a letter from your ISP about copyright infringement and a subpoena, click here to contact us for a free consultation nationwide, and also see our FAQ: