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What if you are named as a John Doe in a BitTorrent lawsuit?

On Behalf of | Jan 22, 2019 | Intellectual Property

Downloading and uploading through BitTorrent may have allowed you to access information or an entertainment file that could result in a lawsuit in a California court. However, you participated in this activity as one of a group of people, and the proof that you participated at all is the Internet Protocol address. Can the owner of a copyrighted file sue all of the people involved based on their connection to the IP addresses?

According to Nova Southeastern University, BitTorrent lawsuits are possible and have happened. However, the owner of the copyright cannot access the identification of the participants without a subpoena from the court that allows him or her to view the names associated with the IP addresses. Therefore, you and the other defendants in the lawsuit are initially known as John Doe defendants.

Due to the potential for unethical activities on the part of copyright holders, some courts have ruled that once a plaintiff has the subpoena and identifies the John Does, he or she cannot just begin discussions of settlement offers with the defendants. As a defendant, you may be willing to pay a settlement to get out of going to court, but this could prove expensive, and the offer may be unfair to you. Some plaintiffs have even harassed defendants. So, depending on the circumstances, you may be able to avoid such discussions until you have legal representation. Alternately, the copyright holder may be able to approach you and offer to settle out of court if he or she gets authorization for this directly from the court.

It may be better for you to go to court if you have a good defense. However, courts have ruled against defendants in many cases, so it is important to ensure that you have a valid defense and a good strategy. This information about BitTorrent lawsuits is presented as a broad overview only and should not be considered legal advice.