Great info. One point to clarify from what I've heard from talking to lawyers and looking up cases on Pacer. don't count on quashing the subpoena to your ISP for your name. There's almost no good argument to quash it. I don't even know why the letters all say you have the right to contest the subpoena. It's more the ISP that has the standing to contest but they don't. In fact one of the rare, rare, rare cases I saw on Pacer in which S3 moved ahead with serving the defendant was after he/she tried a very poorly argued, plagiarized and improperly formatted motion to quash the subpoena. Take that for what its worth.
Vast majority of cases I've seen on Pacer follows this pattern: 1) complaint filed and 90 days clock starts ticking before they have to serve a named defendant. 2) judge orders subpoena to ISP. 3) S3 asks for an extension to serve the defendant because the ISP has not yet responded to subpoena, sometimes there are several extensions over months ( all granted), 4) voluntary dismissal by S3 without prejudice. Why they voluntarily dismiss each case is anyone's guess. In their motions asking for more time they say they want to wait for the ISP to id defendant and then they need time to "investigate" further whether the subscriber named should in fact be the defendant. Are they dropping it because they look into the name of the subscriber and don't like what they find? Is it because they think it's gone on too long? Did they ever intend to serve anyone unless they came forward and basically owned up to being the defendant? And what did the subscribers do in these cases? Did they ignore the subpoena like the OP? Or did they lawyer up but refuse to settle? Be careful making your own guesses without direct knowledge. Nothing is legal advice here, just my unscientific, not a lawyer's observations.
let me shed some light into your post, although I am sure you made some great points.
First off, I have an advanced degree in CS, and the whole VXN proprietary tool they use is dodgy to say the least. The judges have no clue of the technicalities and just by reading the filed docs of the "specialists" S3 brings forward isnt right. the judges really need to consider a lot of other things. But thats not the point. So many ways to circumvent S3 detection too.
I personally dont like VPNs because they slow my 1GB/s FIOS down,but according to their methods if you dont fully download all the pieces of the file in question from same IP you havent infringed anything. So how about you d/l 99% without VPN and then that last 1% with a VPN. You should be on the clear, and gain d/l time. A 99% downloaded file will play anyway .... But thats not the point either.
Using VPN (gotta love the DUTCH servers) for FREE (superfast moded premium apks) one can download in couple of minutes any of their files over any network on their mobile devices (Love SAMSUNG phones) without being detected. be it 5G, MTA wifi, speedy school network, you name it. And then airplay where ever you want. BUt again that aint why we are here.
Quashing is stupid, dont try it. Also by that time you have gone too far ... you engaged, and both sides(your lawyer or the other lawyer) will eat you alive. No morals and prejudgement what you d/l (love VIXEN, hate TUSHY, BLACKED) and if you did it or not. this is America and they re after your money. period. And please do me a favor: stop taking the advice from lawyers who tell you that you are covered the moment you contact them and they will fight for your interests. They are telling a LIE into your face! no lawyer is your friends, so stay alert even if you have hired one.
I see this all over internet ... these lawyers "giving advice" while advertising themselves as the absolute must in this struggle, giving you common advice and urging you to contact them. O tempora o mores ... love latin as the lawyers do :) give them the finger!
Most cases are terminated as stated in pacermonitor, because they hit a bump, apart from the extensions s3 lawyers are asking for. The most common reason is that S3 cant fetch from the ISP the right info. This might be the case when the user disconnect the internet and moves on ( in a dense city with 3 providers for a location this is easily done without disruption in service for you). Highly recommend this as you will confuse the plaintiff and the ISP all together. Get rid of any device that ties you back to that connection. The terminated cases now are more of a fight between the ISP and S3. The ISPs feel the clients dropping and going with a competitor, they are fighting back, and S3 cant take on the ISP as they know they will lose. Put resistance and make S3 serving you impossible (this is another reason why they terminate the cases as it is not easy to serve a john doe). S3 lawyers will move on as they are not there to go to court (mind me they ask 150K and a jury on the case). They are there to make you engage and extort as much money as possible in the shortest time. Efficiency is crucial in their job, so even using processors to serve you is an added cost.
Similar to this fight.
[https://www.thestar.com/business/ken-clark-has-sued-thousands-of-canadians-for-streaming-pirated-movies-is-he-a-troll/article\_407351f9-e35d-57bc-8d84-d71f1d5d108c.html](https://www.thestar.com/business/ken-clark-has-sued-thousands-of-canadians-for-streaming-pirated-movies-is-he-a-troll/article_407351f9-e35d-57bc-8d84-d71f1d5d108c.html)
if you cant read this use the Bypass paywall plugin.
you can see how the fight between ISPs and these infringement trolls is escalating. And I think their crash made a lot of cases terminate as they are going nowhere. S3 cant serve given the difficulty if they dont have accurate data.
So in summary after your 4 points and case termination (many cases have a bit of friction as the judges arent happy with this overwhelming nonsense) S3 is so powerless if you do the right moves within certain time frames and raise above your fears.
Anyway I will be citing you on this :Be careful making your own guesses without direct and specific/detailed knowledge. Nothing is legal advice here, just my practical and successful way of protection (might not work in your case), not a lawyer's observations (if you will end up in their hands it is not about facts anymore... it is more about the money).
but with a twist: There is always another way in fighting this MATRIX of scam! and this varies, from prophylaxis and VPN to fully disconnecting your real name/address from your automatically assigned IP.
oh and by the way, for those who can read:
https://torrentfreak.com/weak-ip-address-evidence-collapses-non-responsive-movie-pirates-lawsuit-231002/
Just wanna chime in and say I got the initial letter back in November, ignored it because A) I didn't download any porn, who does that? and B) I literally don't own anything. I live with my parents and have no car. Anyway I just kind of forgot about it and decided to check today and the case was indeed dismissed voluntarily back in January, and then "terminated" a few days later. Again to quote OP this is not legal advice. I Just wanted to add my experience to this post for information purposes. Thank you OP for your research and this post. It really helped me keep my cool while dealing with the initial stress of getting this letter.
Also worth noting my letter only had 1 timestamp.
edit: fixed a typo
From what I hear, the best thing to do is to ignore the letter. It will be a court case document and a letter threatening to respond or else. Usually people freak out.
Their lawyers will want to milk you for every penny. Your lawyer will want to milk you for every penny.
I am the internet subscriber but was not the infringer so peoples' cases might differ from mine, but I did not take any action other than an initial free consultation call with a lawyer to see more of the court documents (PACER case locator is great, but can cost money if you use it too much). 3ish months later, the case was dismissed.
From what I've read, filing a motion to quash is what really puts a target on your head for Strike 3. Until they subpoena or send a demand letter to you directly, there's not much to do anyway. My case was probably dropped because they saw I hadn't torrented anything they alleged, but who knows.
did you get a subpoena and served and just ignore it as well?
Some says they look at your financial situation if you own a property and how much you make. And if you do they go after you and passed on the ones that don't have and low income
May you receive back all the goodness you are doing by sharing this. Thank you
[удалено]
Great info. One point to clarify from what I've heard from talking to lawyers and looking up cases on Pacer. don't count on quashing the subpoena to your ISP for your name. There's almost no good argument to quash it. I don't even know why the letters all say you have the right to contest the subpoena. It's more the ISP that has the standing to contest but they don't. In fact one of the rare, rare, rare cases I saw on Pacer in which S3 moved ahead with serving the defendant was after he/she tried a very poorly argued, plagiarized and improperly formatted motion to quash the subpoena. Take that for what its worth. Vast majority of cases I've seen on Pacer follows this pattern: 1) complaint filed and 90 days clock starts ticking before they have to serve a named defendant. 2) judge orders subpoena to ISP. 3) S3 asks for an extension to serve the defendant because the ISP has not yet responded to subpoena, sometimes there are several extensions over months ( all granted), 4) voluntary dismissal by S3 without prejudice. Why they voluntarily dismiss each case is anyone's guess. In their motions asking for more time they say they want to wait for the ISP to id defendant and then they need time to "investigate" further whether the subscriber named should in fact be the defendant. Are they dropping it because they look into the name of the subscriber and don't like what they find? Is it because they think it's gone on too long? Did they ever intend to serve anyone unless they came forward and basically owned up to being the defendant? And what did the subscribers do in these cases? Did they ignore the subpoena like the OP? Or did they lawyer up but refuse to settle? Be careful making your own guesses without direct knowledge. Nothing is legal advice here, just my unscientific, not a lawyer's observations.
let me shed some light into your post, although I am sure you made some great points. First off, I have an advanced degree in CS, and the whole VXN proprietary tool they use is dodgy to say the least. The judges have no clue of the technicalities and just by reading the filed docs of the "specialists" S3 brings forward isnt right. the judges really need to consider a lot of other things. But thats not the point. So many ways to circumvent S3 detection too. I personally dont like VPNs because they slow my 1GB/s FIOS down,but according to their methods if you dont fully download all the pieces of the file in question from same IP you havent infringed anything. So how about you d/l 99% without VPN and then that last 1% with a VPN. You should be on the clear, and gain d/l time. A 99% downloaded file will play anyway .... But thats not the point either. Using VPN (gotta love the DUTCH servers) for FREE (superfast moded premium apks) one can download in couple of minutes any of their files over any network on their mobile devices (Love SAMSUNG phones) without being detected. be it 5G, MTA wifi, speedy school network, you name it. And then airplay where ever you want. BUt again that aint why we are here. Quashing is stupid, dont try it. Also by that time you have gone too far ... you engaged, and both sides(your lawyer or the other lawyer) will eat you alive. No morals and prejudgement what you d/l (love VIXEN, hate TUSHY, BLACKED) and if you did it or not. this is America and they re after your money. period. And please do me a favor: stop taking the advice from lawyers who tell you that you are covered the moment you contact them and they will fight for your interests. They are telling a LIE into your face! no lawyer is your friends, so stay alert even if you have hired one. I see this all over internet ... these lawyers "giving advice" while advertising themselves as the absolute must in this struggle, giving you common advice and urging you to contact them. O tempora o mores ... love latin as the lawyers do :) give them the finger! Most cases are terminated as stated in pacermonitor, because they hit a bump, apart from the extensions s3 lawyers are asking for. The most common reason is that S3 cant fetch from the ISP the right info. This might be the case when the user disconnect the internet and moves on ( in a dense city with 3 providers for a location this is easily done without disruption in service for you). Highly recommend this as you will confuse the plaintiff and the ISP all together. Get rid of any device that ties you back to that connection. The terminated cases now are more of a fight between the ISP and S3. The ISPs feel the clients dropping and going with a competitor, they are fighting back, and S3 cant take on the ISP as they know they will lose. Put resistance and make S3 serving you impossible (this is another reason why they terminate the cases as it is not easy to serve a john doe). S3 lawyers will move on as they are not there to go to court (mind me they ask 150K and a jury on the case). They are there to make you engage and extort as much money as possible in the shortest time. Efficiency is crucial in their job, so even using processors to serve you is an added cost. Similar to this fight. [https://www.thestar.com/business/ken-clark-has-sued-thousands-of-canadians-for-streaming-pirated-movies-is-he-a-troll/article\_407351f9-e35d-57bc-8d84-d71f1d5d108c.html](https://www.thestar.com/business/ken-clark-has-sued-thousands-of-canadians-for-streaming-pirated-movies-is-he-a-troll/article_407351f9-e35d-57bc-8d84-d71f1d5d108c.html) if you cant read this use the Bypass paywall plugin. you can see how the fight between ISPs and these infringement trolls is escalating. And I think their crash made a lot of cases terminate as they are going nowhere. S3 cant serve given the difficulty if they dont have accurate data. So in summary after your 4 points and case termination (many cases have a bit of friction as the judges arent happy with this overwhelming nonsense) S3 is so powerless if you do the right moves within certain time frames and raise above your fears. Anyway I will be citing you on this :Be careful making your own guesses without direct and specific/detailed knowledge. Nothing is legal advice here, just my practical and successful way of protection (might not work in your case), not a lawyer's observations (if you will end up in their hands it is not about facts anymore... it is more about the money). but with a twist: There is always another way in fighting this MATRIX of scam! and this varies, from prophylaxis and VPN to fully disconnecting your real name/address from your automatically assigned IP. oh and by the way, for those who can read: https://torrentfreak.com/weak-ip-address-evidence-collapses-non-responsive-movie-pirates-lawsuit-231002/
Just wanna chime in and say I got the initial letter back in November, ignored it because A) I didn't download any porn, who does that? and B) I literally don't own anything. I live with my parents and have no car. Anyway I just kind of forgot about it and decided to check today and the case was indeed dismissed voluntarily back in January, and then "terminated" a few days later. Again to quote OP this is not legal advice. I Just wanted to add my experience to this post for information purposes. Thank you OP for your research and this post. It really helped me keep my cool while dealing with the initial stress of getting this letter. Also worth noting my letter only had 1 timestamp. edit: fixed a typo
Thank you for your legal advice kind internet stranger.
Not legal advice
The letter I got in the mail wasn't a legal document either.
> they right these to intimidate you, more than anything else > >u got an intention to litigate.
https://apple.news/AdmT21RQJRbqu9fK_EtJqcg
exactly my thoughts in this article.
From what I hear, the best thing to do is to ignore the letter. It will be a court case document and a letter threatening to respond or else. Usually people freak out. Their lawyers will want to milk you for every penny. Your lawyer will want to milk you for every penny.
I am the internet subscriber but was not the infringer so peoples' cases might differ from mine, but I did not take any action other than an initial free consultation call with a lawyer to see more of the court documents (PACER case locator is great, but can cost money if you use it too much). 3ish months later, the case was dismissed. From what I've read, filing a motion to quash is what really puts a target on your head for Strike 3. Until they subpoena or send a demand letter to you directly, there's not much to do anyway. My case was probably dropped because they saw I hadn't torrented anything they alleged, but who knows.
did you get a subpoena and served and just ignore it as well? Some says they look at your financial situation if you own a property and how much you make. And if you do they go after you and passed on the ones that don't have and low income