Filesharing Lawsuits in the Northern District of Illinois

A number of cases have been filed by copyright owners involving the distribution of their copyrighted works by filesharing services such as Bittorrent, Limewire, Rapidshare, etc. The Recording Industry of America (“RIAA”) led the way with this type of infringement litigation, but more recently cases have been filed by the movie industry as well. Recent cases were filed over movies such as “Far Cry” and “The Steam Experiment”, as well as numerous adult movie offerings. Some of these cases are pending here in the Northern District of Illinois.

The cases are filed a case against a number of anonymous “John Does”, each one identified only by the IP address the plaintiffs obtain through investigation into the filesharing service. Plaintiffs then request the ISP to turn over the name and address of the subscriber (by means of a subpoena) that matches the IP address. Obtaining the identity of the subscriber is generally the sole goal of these initial suits.

Once a plaintiff has the identity of the subscriber, it can send a settlement demand to avoid future litigation over the alleged infringement. While it would be speculative to estimate the exact amount that may be demanded in these cases, we know from experience with the RIAA cases that the initial demand is likely to be several thousand dollars. Demands may be higher for adult content cases due to the nature of the subject material.

So what can a subscriber do when it receives a notice from their ISP that their identity will be disclosed pursuant to a subpoena? The answer is fact specific. It depends on the nature of the case and where the subscriber lives in relation to the court where the lawsuit is brought. For example, it may be possible for a defendant that lives outside the state in which the court sits to move to quash the subpoena on grounds of lack of personal jurisdiction. Other bases for a motion to quash are also possible depending on the facts. A subscriber should consult with an attorney in his or her jurisdiction, or one in the jurisdiction where the lawsuit is brought, regarding these options.

For more on these cases, the Electronic Frontier Foundation has a resource page that explains the process in more detail, including a list of attorneys who are willing to talk to subscribers about their options. Kevin Thompson of our firm is one of these attorneys, along with many others in Illinois and across the nation.