Welcome to the TorrentLawyer Blog, a Cashman Law Firm, PLLC resource. The purpose of this sticky post is to be simplistic and help you to navigate this site (which has 200+ articles on copyright cases we have worked on since 2010). In short, if you arrived at this site, you are facing one of three paths:
1) COPYRIGHT INFRINGEMENT “JOHN DOE” LAWSUITS
You have been implicated as a “John Doe” defendant in a federal copyright infringement lawsuit (or worse, you have been served as a named defendant in one of these lawsuits).
WHAT TO DO NEXT: Click the “Cases We Are Working On” menu option (above), and select the name of your case and/or movie allegedly downloaded.
To make things easier for you, these are the primary lawsuits we are actively working on:
You received a DMCA notice (“Digital Millennium Copyright Act”) accusing you of downloading one or more copyrighted videos or music songs, and they have demanded a settlement claiming that if you do not pay, they will sue you for copyright infringement.
WHAT TO DO NEXT: Click on the “Cases We Are Working On” menu option (above) and select which company has sent you the DMCA Notice:
You are lost, or you do not know where to start. Relax, we are here to help you understand what it is you received from your ISP or in the mail, who sent it, and what is happening to you. Once you have an idea of exactly what is happening, we can then discuss how to respond.
I didn’t want to let this one slide. Remember the Siemens Product Lifecycle Management (Siemens PLM) lawsuits (where Siemens sued a number of engineers who used their NX software without a license)? Well, in July, 2018, they have filed their newest copyright Infringement lawsuit (this is the FIFTH TIME they are suing), this time against 107 John Doe Defendants (here in our own Texas Southern District Court, no less).
Siemens Product Lifecycle Management Software Inc. v. Does 1-107 (4:18-cv-02344), filed July, 2018
Over time, the lawsuit progressed, and eventually Siemens dismissed the lawsuit once they realized who they wanted to name and serve in their own lawsuits, and they filed individual copyright infringement lawsuits against companies they discovered were using their software without a license.
WAVE 2
In Wave 2, Siemens filed a similar lawsuit, this time against 100 new defendants. They surprised a number of defendants with settlement numbers of $50,000+ (eventually, we learned that they were settling licenses to their software, and they actually cost that much). This second wave lawsuit “on the books” looked to be a failure because they missed a FRCP Rule 4(m) deadline to name and serve defendants. As a result, they dismissed the entire lawsuit, however, I know that they continued after the dismissal to contact accused defendants (or their attorneys) with the intention of having those accused defendants [now dismissed] purchase a license to cover their use of the Siemens PLM NX software.
WAVES 3-4 (2017 – mid-2018)
In Waves 3-4, Siemens continued to target engineers in their lawsuits. The purpose of these lawsuits was to “legitimize” those who were using their NX software “for profit.” They were more reasonable this time on the settlement amounts (no settlements, just purchase of software licenses), but they allowed the defendant some leeway in determining what software title would best benefit the user, and whether Mach 3 was needed, or whether a lower-cost alternative was an option. Siemens PLM also started to discuss settlement negotiations themselves (e.g., offering money to settle the claims), however, this never materialized.
WAVE 5 (late 2018)
Now in Wave 5, I do not yet know whether these 107 John Doe Defendants are from the same pool as the earlier lawsuits were filed, or whether these are from an entirely new pool of accused infringers. However, at least the lawsuit itself (its intentions, and what to expect) are less of a mystery, as we were able to settle a number of claims in their previous lawsuits through the purchase of a software license.
CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.
NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together. That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.
Motions to Quash ISP Subpoena Letters, Malibu Media Lawsuits, Rightscorp DMCA Settlement Notices, and Helping John Does.
Screenshot from Siemens PLM Software’s website on the NX Mach 3 software.