What should we do if our roommate illegally downloaded movies and now our internet provider has received a subpoena to release our name and address?

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What should we do if our roommate illegally downloaded movies and now our internet provider has received a subpoena to release our name and address?

Our roommate illegally downloaded movies from our home internet and now our internet provider has received a subpoena to release our name and address to the company who owns the movies. We were out of town when he did this and have proof that we were not here to be able to do it. The internet provider will release our info next month and the company will take us to court.

Asked on June 19, 2012 under Criminal Law, Colorado

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The subpoena is being served on someone else-- which means that right now, there really isn't a whole lot that you can do to stop that part.  The internet provider could contest it, and many do, but this is their decision.  However, that doesn't mean that you shouldn't do something about your case, especially if you know one is coming.  You have one of two main options.  The first is to develop and hold your information and wait and see if they actually do file civil or criminal charges against you for the downloads.  You seem to have fairly strait forward and credible evidence-- you need to make sure that it doesn't get lost or misplaced between now and then.  This is more of a passive "wait and see" approach.  Your second option is to opt for a more proactive approach by contacting the company, letting them know who did perform the illegal download, and that you have proof it wasn't you.  Many people handle companies and issues like this on their own on a regular basis, but considering that there are potential criminal consequences, you may want to hire a criminal attorney for the limited purpose of helping you convey your information without accidentally exposing yourself to any personal liability. 


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