Congratulations to Cashman Law Firm, PLLC Clients – Attorneys Suffer Partial FRCP Rule 4(m) Dismissal in West Coast Productions v. Does 1-5,829 Case

[NOTE TO CLIENTS: Regarding the article below, if you are one of those who have been dismissed, I will be sending you a congratulations letter shortly, and I will tell you what the next steps are and what to expect from Dunlap Grubb & Weaver, PLLC.]

Congratulations to our clients who have been dismissed in the West Coast Productions v. Does 1-5829 case (1:11-cv-00057-CKK). I must say up front that NOT ALL DEFENDANTS HAVE BEEN DISMISSED.  In short, this dismissal is merely Judge Kollar-Kotelly enforcing her 5/11/2011 order where she ordered the plaintiff attorneys at Dunlap Grubb & Weaver, PLLC to either name and serve the defendants identified in their 4/15 statement by 5/16 or else she will dismiss them on her own.  Like Judge Shadur has done to dispose with John Steele’s CP Productions v. Does case in the U.S. District Court for the Northern District of Illinois a few months back, Judge Kollar-Kotelly is employing the same Federal Rules of Civil Procedure, Rule 4(m) to dismiss these defendants.

The case itself is still alive.

As for what to expect next, there are a series of dates to watch for.  Firstly, Judge Kollar-Kotelly has set a 6/1 deadline for the plaintiffs to give her a status update as to the various Does still pending in the case.  Nothing of relevance will happen here.  Then, by 6/20/2011, plaintiff attorneys must either name and serve the defendants identified in their 6/1 statement or else she will dismiss them on her own just as she has done here.  Since they have a few days to inform the court of what they have done, we will likely see an order similar to the one we see today on 6/28/2011.

I have attached the order below for your viewing.  To those of you who are not one of our Cashman Law Firm, PLLC clients, please use the attached document to view whether your accused IP address is one of the IP addresses which are now dismissed.  If so, I congratulate you on your dismissal.

[scribd id=56243751 key=key-3ptx5nvm9ksp595tiof mode=list]

Last, but not least, on an ethics note.  It has been brought to my attention that it is the practice of some of unscrupulous attorneys to send out what are known as “scare letters” demanding thousands of dollars, even after a dismissal.  While this is obviously not legal advice, if I received such a demand letter after being dismissed from a lawsuit such as this one, I would immediately contact Judge Kollar-Kotelly’s chambers at (202) 354-3340, and I would ask to fax in a copy of the letter I have received so that the court can be made aware should the plaintiff choose to send such a letter.

Being accused of file sharing is NO LAUGHING MATTER.

To my readers:

A few days ago, Wall Street Journal reported that a Minneapolis federal court found Jammie Thomas-Rasset guilty of violating copyright law.  Jammie is a single mother.  The court ordered that she pay $1.5 million for sharing 24 songs over the internet.  The plaintiff was the Recording Industry Association of America (“RIAA”).

I’m posting this piece of information to impress upon those contacting our law firm — the Cashman Law Firm, PLLC — that contrary to what you’ll read on the forums, the threat of being sued is real.  This is just one example of a case where the accused internet user likely read about low settlement amounts, and when the RIAA offered her a $25,000 settlement [where the proceeds of that settlement would go to a music-related charity fund], she rejected that offer because she didn’t believe such a lawsuit could happen to her.

I want to point out that judgement is for sharing a number of SONGS.  Our potential clients are looking to defend against downloading MOVIES.  Think for a moment about the seriousness of this.  Lucas Entertainment, Far Cry, and the Hurt Locker subpoena requests are all claiming the same violation of the same copyright law that was enforced against Jammie Thomas-Rasset just last week.

When someone calls me and balks at the prospect of paying a few thousand dollars to settle a MOVIE copyright violation, I scratch my head and wonder if they realize what they are up against.

With the representation the Cashman Law Firm, PLLC provides our clients, before we suggest that our client consider paying anything, we insist that the media company demonstrate that they have evidence linking our clients to the accused infringing download.

It also goes without saying that simply informing the media companies that their accused potential defendant is represented by an attorney, the media company is put on notice to only contact the attorney and not the client.  By doing this, they are forced to adhere to the state and federal debt collection statutes, and the consumer statutes protecting the accused from any deceptive statements that might be given to an unrepresented accused internet user.  Lastly, when writing the settlement, we make sure the release that accompanies the settlement contains language that prevents the media company from using the settlement as an admission of guilt and turning around and suing the internet downloader for the SAME DOWNLOAD they just paid to settle.  It sounds unthinkable, but remember, it is the internet service provider (the ISP) who is served with a subpoena request demanding that they turn over their subscribers’ records.  Once the media companies have this information, they immediately contact the to-be defendants and solicit a settlement.  Remember, they do this without naming the defendant in the lawsuit.  The settlement does not stop the company from coming after the defendant again in a formal lawsuit (using the settlement agreement as an admission of illegal activity).

In short, as twisted as this might sound, this is the reality of what is going on.  Be careful out there.  Hire an attorney and properly defend yourself.  Play their negotiation game, and hope that they either drop the charges or offer an amicable settlement.  When they do, be reasonable.  Many would-be clients are kicking themselves for not spending $12 at the theater, or paying a Netflix membership when they had the chance.  Now they must deal with this, and it is unfortunate.

However, ALWAYS REMEMBER that the goal is to avoid the lawsuit being filed against you.  Because if a lawsuit is filed in your jurisdiction accusing a copyright violation, it is no laughing matter.

Warm regards,
Rob Cashman

Hurt Locker Prosecution Team Suing Internet Downloaders… Again.

…I’ve been hearing through the grapevine that the Hurt Locker copyright prosecution team has begun their next wave of lawsuits.  Internet users will be shortly receiving a subpoena from their attorneys accusing them of downloading this movie.

Nothing to do yet, at this point, the prosecution only wants your information so that they can contact you to elicit a settlement to deprive you of your hard-earned cash without a trial.  Again remember — they haven’t named you in their lawsuit, nor is the settlement they are proposing a settlement to a lawsuit they have filed against you.  They are trying to circumvent that step in the legal process and skip to where you pay them to go away.  Has anyone heard another term for this sort of activity?  It starts with an e.

Through the Cashman Law Firm, PLLC, we are telling these thugs to back off and to follow the law.  We are also sending letters to various political operatives attempting to get them to change the law with regard to the way it is being applied (or misused) to charge users of committing crimes without filing suit in a court of law.  There is no such thing as an extrajudicial hearing, and the concept of “innocent until proven guilty” has not changed.

Regardless of whether you obtain an attorney to defend your copyright infringement case (and there are MANY reasons for doing so), remember that the burden of proof is on them to prove their case before you bring one iota of evidence.  At this point, some unrepresented parties are answering their questions and giving them forensic data to their computer and their hard drives to prove they are not guilty of that particular crime.  Forensic computer experts have caught the scent of this game as well and have started up’ing their prices.

Again, at this point, they have only contacted your ISP asking for your  information.  While it is to your benefit to hire an attorney so that you are not “low hanging fruit,” so to speak, remember that there is nothing to defend against and provide evidence for because YOU HAVE NOT BEEN NAMED AS A DEFENDANT AND THUS YOU HAVE NOT YET BEEN SUED.

Introduction to the Torrent Lawyer Blawg

Welcome to the Torrent Lawyer – Federal Criminal Defense Blawg.

The contents of this blog will be posted on behalf of Cashman Federal Criminal Defense, which is a computer crimes defense branch of the Cashman Law Firm, PLLC.

FEDERAL CYBERCRIMES is fourth area of practice which the Cashman Law Firm, PLLC does not actively advertise.  This area of law is broadly defined as federal criminal law and federal civil practice, and we specifically deal with internet and computer crimes on both the state and federal levels. At the Cashman Law Firm, PLLC we take part in protecting your privacy rights through political discussions regarding net neutrality, and we protect the internet user against internet service providers (ISPs) and companies who assert that the user was involved in illegal movie-sharing, seeding, or illegal downloading of songs, programs, or movies.

The reason we do this is two-fold. Firstly, we are staunch believers in privacy, and we will take whatever steps are necessary to protect the rights of internet users. Secondly, we believe that there is a technology gap between the laws and how they relate to today’s internet user. It troubles us that the application of the laws as they are effected today often leads to multiple individuals being charged with one or more federal and state computer crimes they often did not commit. These companies approach individuals threatening prosecution, civil fines and penalties in a law suit, and even threaten jail time with the hope of eliciting thousands of dollars in settlement fees from each individual regardless of whether they are guilty of the crimes they are accused of committing. Without attorney assistance, these accused individuals often pay thousands in settlement fees in fear that they would have to spend just as much money if a lawsuit were filed. This is simply unacceptable. People should not have to pay someone a ransom for protection from a lawsuit.

Technology has advanced to the point where the correct application of justice is possible; we would like to push the law in the direction of properly charging users with crimes they are sure to have committed rather than accusing whole scores of users in a pool (or for alleged participation in one or more bittorrent swarms) without knowing who is guilty and who is not.

In the coming weeks and months, we will be tracking the law as it relates to protecting internet users against computer crime accusations and civil lawsuits.  We will also post interesting articles clarifying the law so that the average user will understand how and why their defense is properly based upon hiring an attorney who is conversant with the technology and who understands federal court procedures.

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