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Legal advice needed, aunt is potentially being sued by porn company

LQX

LQX

Banned
Oct 25, 2017
1,871
My aunt received notice saying a company called "3 Strike Holdings, LLC" is subpoenaing her cable provider to get her information because someone used her IP to download porn. My aunt is in her 60's and does not torrent porn. She has two female tenants that says it was not them. Their WiFi was unsecured up until now as everything was on the default settings so anyone could have been downloading or sharing the internet and they would have have not known. Regardless, she is now in a situation where this company will most likely sue her and from everything we have seen they seem to be a copyright troll company that goes heavy on the people they sue as they actually go to the courts and not the cable provider.

Can anyone provide any legal advice? I keep seeing a motion to quash should be filed as it might stop them from getting her information from her cable provider.
 
Addie

Addie

One Winged Slayer
Member
Oct 25, 2017
8,701
DFW
If you want legal advice, contact a lawyer.

No competent lawyer is going to give you legal advice on a public forum.

Where are you from? I can direct you to your local bar association, which can hopefully link your aunt with someone who can speak with her.
 
grand

grand

Member
Oct 25, 2017
24,973
They make over half the copyright cases in the US and judges are about done with them. Just hire a decent lawyer and you'll be fine
 
Fat4all

Fat4all

Woke up, got a money tag, swears a lot
Member
Oct 25, 2017
92,843
here
looks like they do this shit a lot


"But some courts have begun pushing back on this strategy. Just last week, U.S. District Judge Ursula Ungaro in the Southern District of Florida ruled in Strike 3 Holdings, LLC v. Doe -- one of many cases with this title -- that merely identifying the IP address and using geolocation software to establish the physical location of that IP address was insufficient to establish the defendant's identity. According to the court: "There is nothing that links the IP address location to the identity of the person actually downloading and viewing Plaintiff's videos, and establishing whether that person lives in this district. For example, it is entirely possible that the IP address belongs to a coffee shop or open Wi-Fi network, which the alleged infringer briefly used on a visit to Miami. Even if the IP address were located within a residence in this district, the geolocation software cannot identify who has access to that residence's computer and who actually used it to infringe Plaintiff's copyright." "
 
AlexBasch

AlexBasch

Member
Oct 27, 2017
7,310
Fat4all said:
looks like they do this shit a lot


"But some courts have begun pushing back on this strategy. Just last week, U.S. District Judge Ursula Ungaro in the Southern District of Florida ruled in Strike 3 Holdings, LLC v. Doe -- one of many cases with this title -- that merely identifying the IP address and using geolocation software to establish the physical location of that IP address was insufficient to establish the defendant's identity. According to the court: "There is nothing that links the IP address location to the identity of the person actually downloading and viewing Plaintiff's videos, and establishing whether that person lives in this district. For example, it is entirely possible that the IP address belongs to a coffee shop or open Wi-Fi network, which the alleged infringer briefly used on a visit to Miami. Even if the IP address were located within a residence in this district, the geolocation software cannot identify who has access to that residence's computer and who actually used it to infringe Plaintiff's copyright." "
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Okay so, the guys use the geolocation software, print a huge fucking map of the zone and throw a dart blindfolded. "Bingo, we're suing the shit of that asshole"?
 
A real sad boy

A real sad boy

Banned
Oct 25, 2017
1,146
Literally tell her not to do anything. This happened to myself and my grandmother in separate instances and a lawyer from the EFF that I spoke to told up to do literally nothing. The case was dismissed and we saved up it $5,000 by not getting a lawyer.

These cases only go somewhere when people either admit guilt, say they know the person that committed the offense, or they try and reach an out of court settlement.
 
OP
OP
LQX

LQX

Banned
Oct 25, 2017
1,871
She lives in NY. Is hiring a lawyer a must? Should she do this now or wait until they actually try to file a claim on her personally?

Thanks for the advice r/legaladvice.


Fat4all said:
looks like they do this shit a lot


"But some courts have begun pushing back on this strategy. Just last week, U.S. District Judge Ursula Ungaro in the Southern District of Florida ruled in Strike 3 Holdings, LLC v. Doe -- one of many cases with this title -- that merely identifying the IP address and using geolocation software to establish the physical location of that IP address was insufficient to establish the defendant's identity. According to the court: "There is nothing that links the IP address location to the identity of the person actually downloading and viewing Plaintiff's videos, and establishing whether that person lives in this district. For example, it is entirely possible that the IP address belongs to a coffee shop or open Wi-Fi network, which the alleged infringer briefly used on a visit to Miami. Even if the IP address were located within a residence in this district, the geolocation software cannot identify who has access to that residence's computer and who actually used it to infringe Plaintiff's copyright." "
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Yeah, which is why at first we chalked it up to being nothing to worry about but digging deep my SO found out they have been having some success because of some loophole in Miami.
 
BLEEN

BLEEN

Member
Oct 27, 2017
21,890
SharkJohnson said:
Literally tell her not to do anything. This happened to myself and my grandmother in separate instances and a lawyer from the EFF that I spoke to told up to do literally nothing. The case was dismissed and we saved up it $5,000 by not getting a lawyer.

These cases only go somewhere when people either admit guilt, say they know the person that committed the offense, or they try and reach an out of court settlement.
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IANAL butt, this is correct. Don't fret. They can't do shit. Once you respond, then your name is linked to the IP/claim legally and it's then the beginning of unraveling a rope.
 
Schreckstoff

Schreckstoff

Member
Oct 25, 2017
3,615
I'm happy all the troll letters I got lying in a drawer somewhere never pulled through on their threats. Though me being a minor at the time would have surely complicated things if it went to court.

I wanna say call them on their bluff but from what OP is saying that company actually isn't bluffing necessarily
 
OP
OP
LQX

LQX

Banned
Oct 25, 2017
1,871
NinjaScooter said:
what kind of porn was it? Im researching your case on retainer and this is an important fact.
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Ha, looking it up they seem to represent the company Vixen, Blacked, Tusy, etc. All seem to be the same.

BLEEN said:
IANAL butt, this is correct. Don't fret. They can't do shit. Once you respond, then your name is linked to the IP/claim legally and it's then the beginning of unraveling a rope.
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SharkJohnson said:
Literally tell her not to do anything. This happened to myself and my grandmother in separate instances and a lawyer from the EFF that I spoke to told up to do literally nothing. The case was dismissed and we saved up it $5,000 by not getting a lawyer.

These cases only go somewhere when people either admit guilt, say they know the person that committed the offense, or they try and reach an out of court settlement.
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This also what I'm seeing a lot. Did the company themselves actually come after you or was it notices from the cable provider?
 
Lunchbox

Lunchbox

ƃuoɹʍ ʇᴉ ƃuᴉop ǝɹ,noʎ 'ʇɥƃᴉɹ sᴉɥʇ pɐǝɹ noʎ ɟI
Banned
Oct 27, 2017
7,548
Rip City
Do nothing until you get a court summons or seek phone counsel.
 
BLEEN

BLEEN

Member
Oct 27, 2017
21,890
LQX said:
Ha, looking it up they seem to represent the company Vixen, Blacked, Tusy, etc. All seem to be the same.





This also what I'm seeing a lot. Did the company themselves actually come after you or was it notices from the cable provider?
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Luckily, my friend's provider followed the 6 strike rule at the time. (But they got wayyy more notices than 6, probably 30 throughout the years.) They were all from movie corps behalf of my friend's provider and 1 gaming company. The most that ever happened to them was shutoff internet for 24hrs. Friend said if they do that again, they're switching providers.

So my friend wasn't in the same exact position as you (friend's in NJ), but every single letter said they could do, not that they would.

None of this would hold up in court anyway. Even without a lawyer, I'm almost certain you could just say you need your router unsecured for compatibility purposes. It'd be on your ISP to rectify that but they would probably just drop you as a customer instead. I guess that's where a lawyer would be able to wiggle you out. But for sure, an IP and location are not a name.

Edit* if you want to play it really safe, and put your mind at ease, hit up some lawyers that specialize in this, get free consultations, plans, and rates, and pit the lawyers against each other for the best deal. Fucked up version of "Price matching" lol
 
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SugarNoodles

SugarNoodles

Member
Nov 3, 2017
8,625
Portland, OR
Addie said:
If you want legal advice, contact a lawyer.

No competent lawyer is going to give you legal advice on a public forum.

Where are you from? I can direct you to your local bar association, which can hopefully link your aunt with someone who can speak with her.
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There's always one of these. Not everyone has the resources to do that. People are going to solve their problems the best way they're able. If you aren't going to be helpful just stay quiet.
 

Deleted member 4552

User requested account closure
Banned
Oct 25, 2017
2,570
Schreckstoff said:
I'm happy all the troll letters I got lying in a drawer somewhere never pulled through on their threats. Though me being a minor at the time would have surely complicated things if it went to court.

I wanna say call them on their bluff but from what OP is saying that company actually isn't bluffing necessarily
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I ANAL Butt?

No U ANAL Butt!
 
A real sad boy

A real sad boy

Banned
Oct 25, 2017
1,146
LQX said:
This also what I'm seeing a lot. Did the company themselves actually come after you or was it notices from the cable provider?
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The company itself. Both my grandmother and I had Verizon internet and Comcast respectively. Both didn't give over any information but were informed of the alleged infringement.

Again, unless she is summoned to appear in court. She's better off saving money and not getting a lawyer.

It's all a bogus scare tactic to get people that don't want to go to court to pay up. Problem is, sometimes people agree to pay tens of thousands of dollars when they didn't even do anything.

In my case, it was a family member not I. Had I tried to settle I would've been on the hook for five thousand dollars. In my grandmothers case, the Comcast rep that setup her service didn't password protect it. So it could've been anyone.

I contacted the EFF that put me in touch with a great lawyer who kept in touch until the case was dismissed. Completely free. He told me the entire time to not call and settle, to not do anything unless I'd been summoned to court. He just about guaranteed I wouldn't. He was right. That's how these copyright troll cases go.

They want to shame and embarrass you into paying because it's porn. Nobody wants to have it on their record have stolen porn
 
Addie

Addie

One Winged Slayer
Member
Oct 25, 2017
8,701
DFW
SugarNoodles said:
There's always one of these. Not everyone has the resources to do that. People are going to solve their problems the best way they're able. If you aren't going to be helpful just stay quiet.
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Did you see me link him to the NY bar association, which has a free lawyer advice line, as well as free advocacy options for lower-income people?

I actually am a lawyer, and my advice is to seek actual representation rather than asking Reddit or Era what to do.

So, you're actually the one not being helpful, and you ought to stay quiet.
 
HeavenlyOne

HeavenlyOne

The Fallen
Nov 30, 2017
2,358
Your heart
Maynerd said:
So wait a sec...I can get into trouble for downloading porn?
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giphy.gif
 
SugarNoodles

SugarNoodles

Member
Nov 3, 2017
8,625
Portland, OR
User Banned (2 Weeks): Antagonizing Another User and Thread Derailment Over Multiple Posts; Accumulated Infractions
Addie said:
Did you see me link him to the NY bar association, which has a free lawyer advice line, as well as free advocacy options for lower-income people?

I actually am a lawyer, and my advice is to seek actual representation rather than asking Reddit or Era what to do.

So, you're actually the one not being helpful, and you ought to stay quiet.
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If the free resources you linked were fully adequate, other resources wouldnt exist. As a lawyer you know this because it's why you make money.
 
Fugu

Fugu

Member
Oct 26, 2017
2,733
SugarNoodles said:
If the free resources you linked were fully adequate, other resources wouldnt exist. As a lawyer you know this because it's why you make money.
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What? Nobody is saying that the free resources are fully adequate. OP needs actual, real legal advice and there is exactly one place to get that: A lawyer. It's probable that OP will be able to get an answer to their question without having to actually pay for a lawyer, but that advice should nonetheless come from a lawyer. Since lawyers tend to not give out unsolicited advice on the internet, this ain't really the place to get it.
 
Yōkai_0h-No

Yōkai_0h-No

Member
Nov 20, 2018
340
Throw your PC and any hard drives you have into a lake, make sure it is deep and at least 50 miles from your residence. Then burn down your house to destroy any potential DNA evidence. Fake your death and live off the grid.
 
SinkFla

SinkFla

Member
Oct 26, 2017
9,444
Pensacola, Fl
Addie said:
Did you see me link him to the NY bar association, which has a free lawyer advice line, as well as free advocacy options for lower-income people?

I actually am a lawyer, and my advice is to seek actual representation rather than asking Reddit or Era what to do.

So, you're actually the one not being helpful, and you ought to stay quiet.
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... I've never been able to find free lawyer advice where I'm at in Florida. Can you link me to that if it exists? Lol. I almost created a thread myself not dissimilar to this (not porn though) recently for what happened to my fiancee and my family.

Anyway OP that's a fucked up situation. I'd give advice if I could but I also need help lol. It's crazy these people are actually going after pirates like this. They have to know the people they are suing aren't in a position to pay legal fees, hence downloaded porn haha.

And yeah what another poster said: who the fuck torrents porn? It's 2020 goddamnit.
 
Mendrox

Mendrox

Banned
Oct 26, 2017
9,439
DarknessTear said:
I mean you can download that legally too!
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There are two sites that don't scam you out of more money. It's the biggest problem that genre currently has. People wouldn't pirate if there wouldn't be any risks, but all companies except for two will fuck your CC up which is why I am not surprised people download that.
 
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