Intellectual Property | Real Estate | Technology | Software

Mr. Church Illegal Movie Download Lawsuits

Dec 19th, 2016 | By | Category: Bittorrent Defense

Cook Productions Inc. – Mr Church Lawsuits may cause you to Pray for Help!  We can help!

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Introduction

Apparently Mr. Church lawsuits over illegal downloads of the Eddie Murphy movie are coming to a theater near you in States such as Oregon, Indiana, and North Carolina.  According to Wikipedia:

Mr. Church is a 2016 American drama film directed by Bruce Beresford and written by Susan McMartin. The film stars Eddie Murphy as the title character with Britt Robertson, Xavier Samuel, Lucy Fry, Christian Madsen and Natascha McElhone also starring. The film debuted on April 22, 2016 at the Tribeca Film Festival and was released on September 16, 2016, by Cinelou Releasing and Freestyle Releasing.

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What is the Bittorent illegal movie download legal process?

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Who is Cook Production?

They are a movie production company apparently located at:

Cook Productions, LLC

844 Seward St First Floor

Los Angeles, CA 90038

United States

Law Firms that may be filing suit

Here are some of the IP law firms I found in the Federal ONLINE PACER filing these lawsuits:

  1. Hughes Socol Piers Resnick & Dym, Ltd. 

2. Law Office of Kathleen Lynch

3. Van Sickle Law, PC

Sample Allegations in Mr. Church complaints (federal court copyright infringement lawsuits)

Here are some sample allegations I pulled from one Mr. Church case:

“Plaintiff is a motion picture developer and producer. Plaintiff brings this action to stop Defendants from copying and distributing unauthorized copies of Plaintiff’s copyrighted Motion Picture to others over the Internet. Defendants’ infringements allow them and others unlawfully to obtain and distribute for free unauthorized copyrighted works that Plaintiff spends considerable sums to create, acquire and/or distribute. Each time a Defendant unlawfully distributes a free copy of Plaintiff’s copyrighted Motion Picture to others over the Internet, each person who copies the Motion Picture then distributes the unlawful copy to others without any significant degradation in sound and picture quality. Thus, a Defendant’s distribution of even one unlawful copy of a motion picture can result in the nearly instantaneous worldwide distribution of that single copy to a limitless number of people. Plaintiff now seeks redress for this rampant infringement of its exclusive rights.”

“This is a civil action seeking damages and injunctive relief for copyright infringement under the copyright laws of the United States (17 U.S.C. §101 et seq.). As set forth in greater detail below, this action involves the unauthorized acquisition, copying and transfer by Defendants of Plaintiff’s mainstream copyrighted motion picture Mr. Church (hereinafter, “the Motion Picture” or “Mr. Church”).”

The acquisition, copying and transfer of the Motion Picture is accomplished using a network called a “BitTorrent protocol” or “torrent,” which is different than the standard Peer-to-Peer (“P2P”) protocol. The BitTorrent protocol makes even small computers with low bandwidth capable of participating in large data transfers across a P2P network. The initial provider intentionally elects to share a file with a torrent network. This initial file is called a seed. Other users (“peers”) and the network, through a series of steps, connect to the seed file to download a movie. As additional peers request the same file, each additional user becomes a part of the network from which the file can be downloaded. Each new file downloader receives a different piece of the data from each user who has already downloaded the file that together comprises the whole. This piecemeal system with multiple pieces of data coming from peer members is usually referred to as a “swarm.” The effect of this technology makes every downloader also an uploader of the illegally transferred file(s). This means that every “node” or peer user who has a copy of the infringing copyrighted material on a torrent network intentionally also becomes a source of download for that infringing file.”

Watch Attorney Steve explain Mr. Church letter and subpoena to ISP

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VIDEO:  Click on the picture above to learn more about getting a notice of copyright infringement from Cook Productions in regard to an illegal movie download on a Torrent website.  Make sure to SUBSCRIBE to our popular legal channel, we now have over 400,000 video views and 2,600 subscribers!  Be in the know!

Typical Damages / Remedies sought in these cases

According the complaint, the Plaintiff seeks:

“For entry of a permanent injunction.

For entry of Judgment in favor of Plaintiff against Defendants that they have: a) willfully infringed Plaintiff’s rights in its copyright pursuant to 17 U.S.C. §501; and b) otherwise injured the business reputation and business of Plaintiff by Defendants’ acts and conduct set forth in this Complaint.

For Judgment in favor of Plaintiff against Defendants for actual damages or statutory damages pursuant to 17 U.S.C. §504, at the election of Plaintiff, in an amount to be determined at trial.

For an Order of Impoundment under 17 U.S.C. §§503 and 509(a) impounding all infringing copies of Plaintiff’s Motion Picture which are in Defendants’ possession or under their control.

For Judgment in favor of Plaintiff and against Defendants awarding Plaintiff attorneys’ fees, litigation expenses (including fees and costs of expert witnesses) and other costs of this action.”

Our firm has helped many Defendants across the United States.  What we can help you do:

We offer a no cost initial consultation.  Call us at (877) 276-5084.

Listen to Attorney Steve discuss this issue on our Vondran Legal Hour Podcast

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Should you just ignore the subpoena letter?

You could, but you you risk getting a “default judgement” against you.  While you may not be making much money now, if that changes in the future this could come back to haunt you.

Are there possible defenses to Bittorent download cases?

Yes.  There are defenses to copyright infringement and if you did not download the movie that is a defense.  In some cases, possibly you had unsecured WIFI that allowed some third party to download the movie.  In other cases there could be other typical defenses to copyright infringement.

How much do these cases settle for?

These cases can be settled anywhere from dismissal of the case (“take nothing“) to several hundred to several thousand dollars depending upon the nature of the defendant, the financial ability to pay of the Defendant and other factors.  We can help you anonymously settle the JOHN DOE lawsuit and get your case dismissed WITH PREJUDICE.

Contact a federal copyright infringement torrent defense law firm

We are a premier copyright litigation firm.  We handle illegal infringement cases involving movies, photos and software.  Call us at (877) 276-5084.  We offer low flat rate legal fees (predictable fees that won’t bust your wallet) and tenacious legal representation.  We have substantial federal court experience and superior AVVO client reviews!  We can help you try to settle your case anonymously and for as little as possible.

If you are an attorney be careful getting involved in this technical area of intellectual property law.  We gladly accept attorney referrals and can serve as local counsel.

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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, Autodesk licensing, 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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