Malibu Media LLC - How To Be Free From Their Lawsuits.

JUST WALK ME THROUGH THIS.

Malibu Media, LLC actually sent me a frightening ISP subpoena letter. Can you advise me on how to best avert this colossal crisis before the deadline?

WALKTHROUGH (JOHN DOE): I WAS CAUGHT DOWNLOADING ADULT FILMS. WHAT IS THE EASIEST WAY TO UNDERSTAND THE ISP SUBPOENA NOTIFICATION LETTER THAT I RECEIVED AND WHAT ARE MY OPTIONS ON HOW TO PROCEED?

WALKTHROUGH (SERVED): I WAS JUST NAMED AND SERVED AS A DEFENDANT (RECEIVED A SUMMONS). WHAT DO I DO AND HOW LONG DO I HAVE TO RESPOND?

WHO IS SUING:

MALIBU MEDIA, LLC

WHAT ARE THEY SUING FOR:

THE UNLAWFUL DOWNLOAD OVER TIME OR STREAMING OF VARIOUS ADULT FILMS HOUSED AT X-ART.COM.

WHAT DO THEY WANT:

A SETTLEMENT FOR EACH AND EVERY TITLE DOWNLOADED.

HOW ARE THEY SUING?

THEY FILED A COPYRIGHT INFRINGEMENT LAWSUIT IN FEDERAL COURT AGAINST A SINGLE UNKNOWN DEFENDANT HAVING A KNOWN IP ADDRESS. JUDGE ALLOWED THEM TO SEND A SUBPOENA TO THE ISP FORCING THEM TO PROVIDE THEM YOUR CONTACT INFORMATION.

HOW FAR ARE THEY WILLING TO GO?

THEY ARE WILLING TO NAME AND SERVE EACH DEFENDANT. THEY ARE WILLING TO CONDUCT DISCOVERY.

STRATEGIES:

1) HAVE AN ATTORNEY DEFEND THE CLAIMS IN LITIGATION (RESULT: ATTORNEY FEES, NOT REFUNDABLE; EVENTUAL DISMISSAL).

2) HAVE AN ATTORNEY NEGOTIATE A SETTLEMENT COVERING ALL PAST CLAIMS OF COPYRIGHT INFRINGEMENT FOR ALL OF MALIBU MEDIA, LLC TITLES. SETTLEMENT WILL BE BASED ON THE NUMBER OF TITLES ALLEGEDLY DOWNLOADED.

NOTE: THERE IS NO “IGNORE” ROUTE REPRESENTATION. MALIBU MEDIA PLAINTIFF ATTORNEYS WILL NAME AND SERVE DEFENDANT IF THE CASE IS IGNORED OR A SETTLEMENT IS NOT REACHED.

RESOURCES:

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