If you're one of the thousands of people named as a defendant in a lawsuit handled by lawyers at United States Copyright Group (USCG) you may have questions about your legal options. This article provides answers to the most frequently asked questions about these copyright cases involving file sharing on peer-to-peer networks.
How do I know if I am a defendant in a United States Copyright Group lawsuit?
Notice of status in these cases comes in several forms. First, many people receive notice that they are defendants in a USCG case when they receive a letter from their Internet Service Provider (ISP). A letter from your ISP will often notify you that the ISP has been issued a subpoena from a court. The subpoena legally requires the ISP to disclose information about you to the requesting party, which is often U.S. Copyright Group. Your ISP usually sends you the letter as a courtesy before disclosing the requested information.
Second, you may have received a letter from USCG themselves. These letters often point defendants to a website where they are directed to make a direct payment to U.S. Copyright Group. Third, you may receive a summons from a court via certified mail or process server. Finally, you may receive a request for waiver of service via "standard" postal mail.
No matter how you learn about your status, you should contact an attorney as soon as possible to understand your legal rights in the litigation.
What options exist for defendants in these cases?
Luckily, there are often several legal options available to defendants in United States Copyright Group cases. First, you may have an opportunity to defend yourself in court. Depending on the facts of the matter, you may have defenses that are grounded in civil procedure. You may also have affirmative defenses in situations where you are using a shared Internet connection. Other defendants may have other legal defenses that are based on the unique facts of their particular situation. Depending on the facts of your matter, making attempts to settle the matter may also be worthwhile.
Most importantly, do not ignore any communications that you may receive regarding U.S. Copyright Group Cases. If you receive any of the letters described above, be sure to consult with a copyright attorney as soon as possible to understand and ensure your legal and financial rights.
Eric Menhart is an attorney with CyberLaw P.C., concentrating in Internet and intellectual property law. The firm recently launched a new website about the copyright issues in this article at USCopyrightGroupDefense.com.
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