Blind Man Sued For Allegedly Downloading Porn

“Tokyo Cougar Creampies” is the adult film that Doe 2,057 was allegedly accused of downloading illegally; the rub is that Doe 2,057 is blind and doesn’t make a point of downloading pornos. “To be honest, it’s a little ridiculous. My movie-watching ability is nonexistent. My kids watch movies, but they are 4 and 6, so they don’t watch porn either. Well, hopefully they don’t,” he explained.

Sigh. Yet another example of why the on-going witch-hunt for online copyright infringers is ill-conceived.

On The War Path For BitTorrent Abusers

In March 2010, the lawfirm of Dunlop, Grubb and Weaver unleashed their anti-piracy legal attack on citizens of the United States. Nearly 100,000 people were targeted initially; to date, that number has allegedly grown to over 200,000.

Dubbed the “pay up or else” campaign, people receive letters in the mail indicating that their IP address has been used to download copyrighted materials from the Internet. The letter allegedly offers two options: a) pay $2,500 to make the issue disappear or b) risk a trial and possibly be on the hook for $150,000 if found guilty.

The Rub: It’s Difficult To Prove Abuse With Wi-Fi

At first consideration, one may reason, “Well, downloading copyrighted bittorrents is illegal and perpetrators should be punished!” But when you take into account that the accused are only defined by IP addresses, a large “gray area” emerges, as it’s nearly impossible to determine if the person whose name is associated with a given IP is actually the one downloading the illegal materials. After all, many people don’t lock-down their Wi-Fi; moreover, it’s fairly easy to hack into a protected wi-fi account.

According to several reports, Doe 2,057 appears to be an unsecure wi-fi victim. “I didn’t have time to set up the wireless network in my old apartment,” he started. “I was working 18-hour days, so I just told my wife to go to Best Buy and pick up a router. She installed it, hit next, next, finish, and — boom — that was it. We lived in a very upscale building; there was no riffraff. We just assumed we didn’t have anything to worry about.”

What Should I Do If I Get An Illegal Downloading Letter?

The big question: what should you do if you received a “pay up or else” letter?

If you illegally download copyrighted material, just pay the fine. If, however, you did not commit the act, don’t feel pressured to pay up. First, contact an attorney well-versed in Internet law. Your lawyer will handle the negotiations and in many cases will be able to make the suit go away for less than the $2,500 fee.

The Kelly law firm has a vast amount of experience getting these types of copyright claims dismissed – and we’ll do it for less than the $2,500 the “pay up or else” letter demands. Again, in most cases, it’s very difficult to prove that an IP account holder is actually the person committing the downloading crime; if you know you didn’t do it, don’t be intimidated into paying a fine.