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People can and do successfully defend against BitTorrent lawsuits

On Behalf of | Apr 24, 2019 | Intellectual Property

People download digital content through BitTorrent networks for a variety of reasons. Perhaps they have a strong desire to enjoy certain content but can’t afford to purchase it. Maybe they have an ethical objection to giving money to certain entertainment corporations or actors. For some people, using BitTorrent to download digital entertainment, including pornography, is simply a matter of convenience.

Regardless of your motives, you should understand that downloading digital content in a manner that violates a company’s copyright could have civil and even criminal consequences. While criminal prosecution is rare in cases that don’t involve financial gain, an increasingly large number of civil cases have been filed against individuals downloading certain content via BitTorrent.

It is possible for huge entertainment corporations to sue individuals for downloading copyright-protected content. Anyone facing such a lawsuit will have the right to defend themselves.

It may be possible to create doubt about who downloaded what

The ability to track content online has increased significantly in the last decade. Even though BitTorrent takes steps to protect its users by having individuals download tiny amounts of information from many different sources, it is possible for any single packet of data related to a copyrighted project to cause issues for the person who downloads it.

If a company can prove that an individual downloaded part of a copyrighted work of digital media, that could be grounds for a civil lawsuit. You could theoretically claim that someone else you shared your internet connection with likely downloaded the files.

If you shared your computer with one or more people, that could also help you raise questions as to the identity of the person who violated the copyright, even if there is proof of certain digital files on your computer.

In some cases, you may even be able to demonstrate that your Wi-Fi network at your home or business was the victim of hacking. If there is a digital footprint that shows someone else accessed your Wi-Fi, you may be able to use that in a defense against copyright infringement. People can also build successful defenses on the lack of adequate proof from the company bringing the lawsuit.

BitTorrent lawsuits could cost thousands of dollars

Getting served with paperwork for a lawsuit can be a terrifying experience. Not only do you have to worry about what will happen to you if you lose the lawsuit, but you will also incur substantial expenses in defending yourself in court.

Failing to secure adequate counsel and taking proactive steps to protect yourself when facing allegations of copyright infringement could eventually result in massive financial consequences.

Not all New York attorneys understand the nature of BitTorrent lawsuits related to copyright infringement. Working with an attorney who has experience in this area could help you mount a successful defense after determining what strategy is most appropriate.