A new BitTorrent plaintiff in Florida began filing lawsuits just before Thanksgiving. On November 20, 2015, five Clear Skies Nevada lawsuits showed up on the Middle District of Florida docket. The Plaintiff, Clear Skies Nevada, LLC, is the alleged copyright owner of the film Good Kill (2014). All of the lawsuits are alleging copyright infringement via the BitTorrent protocol.
These lawsuits (a complaint is embedded below) have all been filed by IP Enforcement Group, which in previous years filed related lawsuits in the Middle District of Florida on behalf of plaintiffs Bait Productions PTD LTD; Dallas Buyers Club, LLC; Voltage Pictures, LLC; and Countryman Nevada, LLC, to name a few.
Clear Skies Nevada, LLC v. Doe, Case No. 6:2015-cv-01987-PGB-TBS (MDFL, Orlando Division)
Clear Skies Nevada, LLC v. Jane or John Doe, Case No. 6:2015-cv-01988-JA-GJK (MDFL, Orlando Division)
Clear Skies Nevada, LLC v. Doe, Case No. 8:2015-cv-02709-SDM-MAP (MDFL, Tampa Division)
Clear Skies Nevada, LLC v. Doe, Case No. 8:2015-cv-02710-JSM-TGW (MDFL, Tampa Division)
Clear Skies Nevada, LLC v. Doe, Case No. 8:2015-cv-02711-JDW-EAJ (MDFL, Tampa Division)
What to do if you receive notice of one of the Clear Skies Nevada lawsuits
The first time you receive notice of this lawsuit it will probably be from your Internet Service Provider (i.e., Bright House/Neustar or Verizon). You will get a letter that will tell you a subpoena has been served. It may be a relatively thick envelope, including a copy of the subpoena and a related court order, or it may be a standard No. 10 envelope including only one letter. It depends on the ISP. Either way, it will be in the postal mail, sent to the account holder with the ISP.
- First, realize that this is not a scam and not a joke. This is an actual federal lawsuit filed in one of the United States District Courts in Florida. (It is not a criminal case, but civil.)
- Don’t throw the letter away.
- Don’t freak out. Don’t start deleting stuff.
- Is a neighbor using your wifi without your knowledge and downloading things? Don’t be so quick to lock them out — you may want to evaluate who has been accessing your wifi first.
- Don’t call the Plaintiff’s attorney, even though the letter from your ISP may include their telephone number. If you call the Plaintiff’s attorney, anything you say can be used against you.
- Don’t ignore the letter. It will likely not just go away. If you ignore it, you could end up getting a default against you.
- Realize that you can defend yourself — especially if you did not do this.
- Don’t believe everything you read on the Internet, and, regarding the things you might read, don’t try to apply all those situations to your situation. What happens in one case is not necessarily going to happen in yours. Opinions entered in the courts in other states are not necessarily going to be followed in the district or judicial division in which your case is filed.
- Speak to an attorney.
This blog is not to be construed as legal advice — it’s just a blog. However, we are an office of actual attorneys who practice in this very type of case on a regular basis. Therefore, we may be able to give you legal advice. If you have received notice that you may be implicated in a Clear Skies Nevada lawsuit, feel free to call our office at 407-965-5519.
Since 2012, Cynthia Conlin has defended hundreds of accused downloaders in the federal courts in Florida. Although we sometimes represent plaintiffs in other types of lawsuits, we never represent plaintiffs in BitTorrent cases. In BitTorrent cases, we only represent defendants.
Depending on the unique situation in your case, if you end up retaining our services, we may either put forward an aggressive defense or assist you in negotiating a settlement — or one of many variations in-between. Every case is different, with a different defendant, different circumstances, different judges, etc.