In December of 2012 FX Audio Software, Inc. (“FX Audio”) brought suit in the United States District Court for the District of Colorado against 123 unknown defendants (“Does 1-123”), Case number 1:12-CV-03146-WYD-KMT. FX Audio alleges that each of the 123 Colorado defendants has violated or infringed upon their copyright or contributed to copyright infringement. FX Audio seeks damages and injunctive relief from each defendant.
Incredibly, FX Audio does not even know who the defendants in the case are. But, based on the Internet Protocol (“IP”) addresses it has obtained a third party-subpoena from the US District Court, Magistrate Judge Kathleen M. Tofoya, whereby Comcast has been ordered to provide FX Audio the names, addresses, email addresses, and Media Access Control (“MAC”) address of each Doe Defendant to whom the IP address belongs. Comcast has notified the Doe Defendants that unless the defendants (individually) enter a protective motion to quash or vacate the subpoena it will provide the identification information to FX Audio after April 15, 2013.
Unfortunately, the defendants, in this case, did not even know they were infringing on the FX Audio copyright or intend to steal the FX Audio technology. According to the Complaint, the defendants unlawfully reproduced and distributed the ROM synthesizer-plugin software program by using an interactive peer-to-peer file transfer technology called BitTorrent. By acting in a swarm the defendants reproduced and distributed software known as Nexus 2.2.0 or Nexus Software.
Many of the Defendants in the case do not even know that they may have violated the law, so they may be inclined to discard the notice sent by Comcast thinking it is junk mail or a scheme. This will be a mistake. Many times in these types of cases the Plaintiff will allow a Defendant out of the suit with a small settlement where he or she agrees to simply never infringe on the companies copyright again. Those, however, that do not respond may be left holding the bag on a judgment worth millions of dollars to the Plaintiff. Don’t let this be you! Call the Civil Litigation Defense team of Robinson and Henry. We will immediately and aggressively begin to work on your behalf. Additionally, by coming together as a group of defendants in one law firm this will dramatically reduce the cost of your individual defense.
Don’t delay, call Robinson and Henry today at 303-688-0944 or schedule an appointment online now.