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Gov.uscourts.cand.250725.4.1

Gov.uscourts.cand.250725.4.1

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Published by J Doe

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Published by: J Doe on Feb 01, 2012
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02/01/2012

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Steele
I
Hansmeier,
PLLC
A
leading
anti
-
piracy
law
firm
July13, 2011V
IA
U.S.
MAIL
liuxiaWong
1180Mahogany
CT
Fairfield,
CA
94553
Re:
Hard
Drive
Productions
v.Does 1-48
Case No. 3:11-cv-01957-JCS,
Ref
#5702
DearMs. Wong:Steele
I
Hansmeier,PLLC has beenretained by Hard Drive Productions Inc. to pursuelegal
action against people who illegally downloadedtheircopyrighted content (i.e., "digital pirates"
).
Digitalpiracyisa very serious problem for adult contentproducers,such
as
our client, who
depend on revenues
to
sustaintheirbusinesses andpay theiremployees. On March 28, 2011
at
12:33:00PM(UTC),
our
agents observedt
he
IPaddress with which youareassociatedillegallydownloading and sharing with others via the BilTorrent protocolthe followingcopyrighted file(s):
Amafeur Allure
-
Jen
The
ISP you were connected to: Comeast CableYour
IP
Address you were
assigned
during
your
iIIega/activity:
76_126.48.155
We
have receivedasubpoenareturn fromyour ISP confirmingthatyou
are
indeed the personthat
was
associated withthe IPaddress that wasperformingthe illegal downloading
of
our
client's content listed above
on
the exact date(s) listed above.On April22,2011 we filed a lawsuitinUnited StatesFederalCourt in the NorthernDistrict of California against several anonymous digital pirates(CaseNo.3:11-cv-01957-JCS).
Under
theFederal Rules
of
Civil Procedure,
our
lawsuitagainst youpersonally willnot
commence
untilweserve you with a Complaint,whichwe are prepared
to
do if
our
setllement effortsfail.While
it
istoolate
to
undothe
il
legal file sharing associated with your IP address, wehavepreparedan offerto enable our client
to
recover damages fortheharm caused by theillegaldownloading and to allow both parties
to
avoid theexpense
of
a lawsuit.
Legal
Correspondence
-
S6l1l6ment Purposes Only
-
No'
Admissible Under
FRE
408
Fax
:
312
.893.56
77161N Cl
ark
51.
4700
,Chi
cago,
Il
60601
www
wefightpiracy.com
Te
l:
312.880.9160
--
----
---
-
-
---
-
-----
Case5:12-cv-00469-HRL Document4-1 Filed01/31/12 Page1 of 7
Exhibit A
 
f
(
Enclosed,pleasefinda FrequentlyAsked Questions sheet, a payment authorizationformanda sample of the Releasethatyou willreceive.
We
look
f()(Ward
to resolvingo
ur
client's claim
against
youin
an
amicable
fashiQn
,
th
ro
ugh
settlement
" 
,
.
'I
~ '
.
..?
,
,
pincer~Jy,
~
, ,
""'>
i
v
....
tI'
'"' ,,/
'\\
J
ohn
l.
S
l e
e ~
~
\
~
A
tt
or
ney
ar1ff"Counselorat
la
w
Encl
o
su
re
s
Legal
Cctrospoooonce
-
SetU8menlPurposes
On/y-
Not
Admissible Under
FRE
408
Case5:12-cv-00469-HRL Document4-1 Filed01/31/12 Page2 of 7
 
Under theCopyrightLaw ofthe UnitedStates,copyrightowners may recoverupto $150,000
in
statutorydamages(incaseswhere statutorydamagesare applicable, which
mayor
may not
be
thecase here)per infringing file plus attorney's fees
in
cases, whereas here,infringement was willful.
In
itleastonecase where theCopyrightLaw has been appliedto digitalpiracy and statutory damageswereapplicable,juries have awarded over$20,000 per piratedfile.During the
RIM
's well-publicizedcampaignagainst digit
al
musicpiracy,over 30,000 peoplenationwide settledtheir cases for amounts ranging from an average of$3,000to $12,000.More recently, onDecember22,2010,acase
in
whichadefendantwasaccusedof illegally downloading 6 worksviaBitTorrent,asettlement was reached for $250,000.
In
light ofthese factors,we believe that providing you with an opportunity to avoid litigation by workingoutasettlementwith us, versust
he
costs of attorneys'fees andtheuncertainty associatedwithjuryverdicts, isveryreasonableand
in
goodfaith.
In
exchange fora comprehensiverelease of all legalclaims
in
this matter,which willenable you to avoid becominga named Defendant
in
ourlawsuit,ourfirmis authorized to acceptthesumof $3,400.00as fullsettlementfor theclaims.Thisofferwill expire on
Jul
y27,2011at 4:00 p.m. CST.
If
youreject our settlement offers,weexpec
lt
o serveyou with aComplaintand commeoce litigation.To reiterate:ifyou actpromptly youwillavoid beingnamedasaDefendant
in
thelawsuit.You maypay the settlementamount by:(a)Mailing a checkor moneyorder payableto'SteeleHansmeierTrust Account"to Steele
I
Hansmeier,PLLC,
161
NClarkStreet #4700, Chicago,Illinois60601;or (b) Completi
ng
and mailingffaxingthe payment
au
thorization to Steele
I
Hansmeier,PLLC,
161
N Clark Street #4700,Chicago,
Il
linois 60601,Facsimile:(312) 893- 5677.
Be
sure to
re
ference yourcase numberand your"Ref#"on yourmethodofpayment. Regardlessofyourpayment method.oncewehave processed thesettlement, we willmailyou your signedRelease
as
confirmation thai your paymenthas been processedand thatyouhave beenreleased fromthelawsuit. Pleaseconsiderthisletterto constituteformalnotice that until andunlessweareable to settle our client's claim against you, wedemandthat you not delete anyfiles fromyourcomputeror any other computersunderyour control or
in
your possession.
If
forcedtoproceedagainst you
in
alawsuit,we
wi
llhavea computerforensicexpert inspect these computers
in an
efforttolocate the
su
bjectcontent and to determine if you have deleted any content. If
in
the course oflitigationtheforensic computer evidencesuggeststhatyoudeleted mediafiles,ourcl
ie
nt willamend
its
complainttoadda"spoliationof evidence"claimagainstyou.
Be
advisedthat
if
weprevailon thisadditionalclaim,thecourt could award monetarysanctions,evident
ia
rysanctionsandreasonable attorneys'fees.
If
you are
un
familiar withthe nature
of
this claimin this context, pleaseconsultanattorney.
We
strongly encourage you toconsultwith an altorneyto reviewyour rights
in
connect
io
nwiththis matter.Althoughwehaveendeavored toprovideyouwith accurateinformation,our interests are directly adverse to yoursandyoushouldnotrely on theinformationprovided
in
this
(e
tter forassessing yourposition
in
this case.Only
an
attorneywho representsyou can
be
reliedupon fora comprehensiveanalysisof our c
li
ent's c
laim
against you.
Legal ComIsp0nd8nce
-Settlement
Pu/pOSe$
Only
-
Not
Admissible Under
FRE
4
08
Case5:12-cv-00469-HRL Document4-1 Filed01/31/12 Page3 of 7

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