Legal Question in Intellectual Property in California

I received a letter from some attorney alleging me that my IP address appeared to have dowloaded a movie illegally. And that they represent an Entertainment company. They're asking for $1,600 for me to pay so they will not sue. Kind of like an pre-lawsuit settlement. Should I pay? I did not download any movie and don't know what they are talking about. They said since I am the owner of the account i will be held responsible. They also said I am not personally named on the would be lawsuit yet but only my IP address and as John Doe.

This sounds like an extortion to me. I need your legal advise on this please. Thank you


Asked on 9/29/10, 12:52 pm

2 Answers from Attorneys

Jim Betinol Withrow and Betinol Law

You should figure out who sent you this letter and contact the sender to confirm letter's contents.

I've been hearing about these kinds of threats and it sounds fishy and I looks like a scam. You should draft a letter or have an attorney write them a letter to show more evidence of such an allegation. If they bring a fraudulent claim, you would be in a good position to have the drafting attorney on the other side sanctioned and the court may even force them to pay for your expenses in trying to fight it.

Feel free to contact me or another attorney to assist you on this matter.

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

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Answered on 10/04/10, 1:40 pm
Terry A. Nelson Nelson & Lawless

If it is a scam, don't pay. If it is legitimately from an attorney, you face a real lawsuit, so the choice is yours whether to pay and settle, or go to court and risk judgment and attorney fees. I have handled several of these 'legitimate' cases and the plaintiffs generally have been asking for at least $3-5k, so this one is suspect. If serious about getting legal counsel, feel free to contact me.

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Answered on 10/04/10, 1:43 pm


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