This site deals with two types of infringement: unauthorized or unlawful exhibition of sporting events and unlawful or illegal downloading of music or movies.
Page last revised 01/05/2012
UNAUTHORIZED EXHIBITION (UNLAWFUL EXHIBITION)
Understand that, generally speaking, both signal providers and copyright owners do, under federal law, have a valid legal claim against you. Moreover, a “demand letter”, such as you have received, is typically supported by sufficient, professionally obtained evidence.
These cases are currently being prosecuted by the Lonstein Law Office, the Law Offices of Thomas P. Riley, and Hagan Noll and Boyle, LLC; among others.
The rights owners have experienced attorneys who are prepared to commence a civil prosecution against you. Unless they can be convinced they have no claim, or a settlement occurs, a “Summons and Complaint” (usually returnable in your local Federal District Court) will be forthcoming).
Signal piracy civil prosecutions are conducted pursuant to Title 47 U.S. Code - a complex and little understood area of the law. Certainly, it will be very difficult for you to find a local lawyer who is familiar with it. Moreover, I know of no one else on the defense side with my knowledge and experience as gained during the defense of hundreds of these cases.
Do not default (fail to respond to a Summons and therefor give the claimant the opportunity to magnify the claim against you in your absence; moreover, judges don't look kindly upon those who ignore a Summons). The consequences of ignoring this will lead to a significant federal judgment against you (although occasionally in the low five figures, an unauthorized exhibition case can run into the mid 5 figures, and even higher – depending upon how the claimant presents the facts and the discretion of the judge).
It should be understood that as these are civil (rather than criminal) cases, the burden of proof is “preponderance of the evidence” or “which is the most likely” - not “proof beyond a reasonable doubt”. Accordingly, civil cases are generally much easier to prosecute (and therefore harder to defend) than criminal cases.
A judgment will lead to seizure of your assets and perhaps financial ruination - and once a federal judgment issues, it is almost impossible to get it vacated or reduced, and generally, it is not dis-chargeable in bankruptcy (i.e., If you go through a bankruptcy proceeding, you will emerge with the judgment still active against you.)
Due to the fact that these offenses sound in “tort” (generally “conversion”), it is not likely that your corporation or LLC will protect you from personal liability.
Moreover, it is very important to note that the signal provider (or rights owner) enjoys a unilateral (one-sided) right to attorney fees. That is: once a lawsuit commences, and if the claimant wins, the claimant has a legal right to make the defendant pay for claimant’s attorney; however, if defendant wins, defendant has no such right. (Doesn't sound fair, does it? However, it is true!)
I understand that it is disconcerting to be suddenly and unwillingly cast into a situation you do not understand. Moreover, the law relevant to these piracy proceedings is both complex and esoteric. In fact, many of my clients are actually other lawyers, who, having been called upon by one of their regular clients for help in this kind of situation, require my assistance to first understand the issues themselves. However, the means to easily and accurately self-evaluate your situation, and devise your best course - including step by step instructions on how you can significantly reduce your settlement sum, is immediately available to you by email.
Rights owners in piracy cases overvalue their claims, some drastically so, demanding multiples of what the claims, if litigated, would prove to be worth. Demands of $10,000 to $15,000, and even more, are common. But, the fact is that those who know how to proceed can usually do much better for themselves. Those who follow my proven step by step instructions have succeeded in obtaining much smaller settlements (usually just two to three thousand dollars) – without using an attorney! My entirely lawful methods have proven so successful that I now make the information available to the general public. Both concise (just 15 pages) and user friendly, it is yours for only $49! Just click on the PayPal button below and my “Unauthorized Exhibition Defense Lab”, which includes electronic piracy defense strategies (including both settlement and litigation) for a variety of offenses, will be emailed to you immediately.
Download Consultation Retainer here.
Other sites from the Law Office of Gary Ruff:
http://www.pirateboxblues.com/
http://www.piratecardblues.com/
http://www.laundromatadvisor.com
The Law Office of Gary Ruff
200 Broadhollow Road, Suite 207
Melville, N.Y. 11747
Copyright © 2002-2012 by Gary Ruff; all rights reserved. May not be reproduced in any form without the express permission of the author, except that “links” to the site are permitted. Contact author at 631.390.8338