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How to settle illegal movie downloaded cases for less using a financial hardship declaration

Dec 16th, 2016 | By | Category: Bittorrent Defense

Torrent defense issues – trying to settle your case for less, that’s what we do!!

Settlement tips malibu media Introduction

When you are facing a lawsuit or threat of copyright infringement for downloading a movie on the internet (ex. a Malibu Media adult porno movie, London Has Fallen, Mechanic Resurrection, Flava Works movie, or other) this declaration MIGHT help you settle your case.  No warranties or guarantees are provided.

Some general tips that might be able to help you settle your Torrent lawsuits for less

Here are a few ideas to consider:

  1.  If you are in the military, it is possible someone would give you a break on settlement fees
  2. Elders might be able to receive a settlement discount
  3. Sometimes settlements can be lowered if you can guarantee a RUSH CLOSING meaning you can get the settlement  agreement signed and back to them very quickly and get the check in the mail asap (keep in mind, infringement attorneys who file these illegal movie download cases typically file a lot of them, the can get bogged down in legal filings and negotiations, and getting quick settlements may have some value to them)
  4. Catch them at the end of the year, or the end of a business quarter.  They might be “hungrier” and more willing to cut a deal.
  5. Point out any serious debts you have (ex. a huge student loan, or other debts) possibly they will cut the settlement fees down a bit.

These are just a few idea.  Call us to discuss other options at (877) 276-5084.

Sample Declaration of Financial Hardship

Hardship Declaration to help settle torrent case by Steve Vondran on Scribd

Malibu Media

Settlements with this company over their adult pornographic films that are downloaded can be tough.  Usually they will size up your financial position (ex. potential income and whether or not you own real estate and have equity in your property) in deciding what amount they want to settle for.  In some cases they may be willing to take $200 per infringed movie, and in others Plaintiff’s may be looking at $450 per infringed movie title or possible more (the may statutory damage for willful copyright infringement is $150,000 plus attorney fees).  I know, it’s a crazy amount.  The good news is in most cases you will not be faced with paying this amount, unless the case goes all the way to a trial, which most do not.  At any rate, trying to get these cases settled can be an art form, and working with their copyright  infringement lawyers to try to obtain the best deal possible is what our IP law firm can help you do.  The main point is to try to get these cases settled ANONYMOUSLY so that your name is not inserted into a federal court lawsuit (which often times can be easily searched on Google and in legal search engines like Lexis, Google Scholar and Westlaw.  This means companies that are performing background searches (ex. for employment hiring purposes) may find your name if you continue with defending the lawsuit.

London Has Fallen settlements

Some people want to know what it takes to settle a LHF Productions, Inc. copyright case.  From our experience handling these, we have seen anything from a dismissal of the case for certain deficiencies, to settlements at $1,000, $2,000, $2,500, and $3,500.  We have seen lawyers for the movie company seeking as much as $4,000 per movie download.

Flava Works adult pornography

These cases can be brutal.  Call us for assistance.
Items to make sure you are getting in your settlement agreement
Negotiating the settlement agreement should be done at the same time you are trying to finalize the settlement amount.   Here are some terms you should try to make sure you get when you settle a bittorent movie download case (additional items may be required depending upon your situation and the facts of your case):

1.  Confidentiality clause – You want to make sure the settlement is 100% confidential and to make sure the movie company and their lawyers will not disclose the facts of the case to any other party, including issuing any press releases.

2.  No admission of liability – Typically the movie companies may settle the case knowing that you are “disputing” the claim.  As such, as part of the settlement agreement it can be important to request that there be no admission of fault or liability.

3.  Anonymous settlement – The point of settling the case is to be done with it and to settle the case without your name going public on the internet.  To do this, you must demand a anonymous settlement.  In settling these cases, many times the lawyers for the production companies will allow us to sign the settlement agreement on your behalf, and we can send in payment (while you pay us the settlement amount). This does not work in every case, but in many cases they do.

4.  Dismissal of the federal court lawsuit – another absolutely key point is to make sure that after the Plaintiff receives your signed settlement agreement and the check or wire for the funds is received that they DISMISS the federal court lawsuit WITH PREJUDICE, which means they cannot file it again.  Lately I have seen some settlements with Malibu Media and London Has Fallen missing this critical verbiage and we have had to insist on these terms in one case, and we had to get an amendment to the settlement agreement in another case.  Keep a close eye on this.

5.  Copyright infringement release – you want to make sure you are being release for all claims of copyright infringement.  Sometimes there will be “other movies” in addition to the one at issue (ex. movies produced by other companies besides the one that is suing you), and you want to try to get a non-disclosure and no-disparagement clause as to these other movies.  They may not always be willing to give you this as sometimes there are independent investigation parties that have your information regarding illegal downloads with your I.P. and the party releasing you from liability may not always be willing to agree that these third parties will keep the settlement confidential.  In some cases you sign the settlement agreement not knowing for sure that you will not get another letter from another company.  However the good news is in my experience with my past clients, I have thankfully not seen this issue arise.
If you need help negotiating these deals, we offer a low flat rate fee to represent you.

Contact a Torrent defense copyright attorney

If you need help trying to settle your Torrent case contact a Bittorrent defense law firm and get advice on what your options are.  We offer a no cost initial consultation to clients facing a copyright infringement “John Doe” lawsuit or who have received a notice of infringement from your ISP along with a subpoena notice.  We have helped many people around the United States in settling these types of cases quickly and anonymously.  Call (877) 276-5084.

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We are a business and civil litigation firm with a focus on copyright infringement cases involving illegal movie downloads (torrent cases such as London Has Fallen and Malibu Media defense), software audits (ex. Microsoft audits, SPLA, Autodesk audit notification letter, Siemens PLM defense, SIIA, Adobe and Business Software Alliance defense) and other software vendors threatening piracy and infringement. We also handle cases involving internet law, anti-SLAPP, media law, right of publicity, trademarks & domain name infringement, and we have a niche practice area handling California BRE licensing disputes, accusations, subpoena response, statement of issues and investigations. We have offices in San Francisco, Beverly Hills, Newport Beach, San Diego & Phoenix, Arizona and accept federal copyright and trademark cases nationwide. All content on our website is general legal information only and not a substitute for legal advice, and should not be relied upon. Decisions to hire counsel should not be based on advertising alone. Blogs, videos and podcasts are authored by Steve Vondran, Esq. unless otherwise noted. We can be reached at (877) 276-5084.

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