Bodyguard Productions Settlement Demand Letters Explained

Categories: Copyright Infringement

settlement demand letter

Hundreds of people in Chicago have received a settlement demand letter from Bodyguard Productions. Sometimes more than one letter. Each letter gives you a deadline by which to respond, or the amount of the requested settlement goes up. If you got a letter from an attorney for Bodyguard, I can help. Timing counts, so I strongly recommend that you call me for a free consultation at 312-994-2424 so you can understand the allegations being made, your possible exposure in the case, and your options. You do have good options.

What Are The Bodyguard Cases About?

Chicago is hit harder than almost any city in the country when it comes to movie download copyright infringement litigation. Some movie studios file lawsuits alleging copyright infringement by people who may have used an app or website to watch free movies. Lionsgate films are frequent subjects of this litigation. Their film “The Hitman’s Bodyguard” is an example. You can read about these movie download cases in general on my FAQ page.

The Bodyguard Productions lawsuits are based on alleged downloads of the movie “The Hitman’s Bodyguard,” starring Ryan Reynolds and Samuel L. Jackson. The lawsuits begin with the filing of a copyright infringement complaint that includes a list of IP addresses they claim they caught sharing the movie online.

Having only an IP address, and not the identity of a person, Bodyguard asks permission from the court to issue a subpoena to the ISP provider to get the name and address of the person matching the IP address. Courts rarely say no. Certainly in the Northern District of Illinois, permission to issue these subpoenas is routinely granted.

When the ISP gets the subpoena they send you a letter. The DCMA (Digital Millennium Copyright Act) is a federal law that requires that the ISP send notice to their customer advising them that they received the subpoena, providing them a copy, and giving them a period of time in which to object if they feel there is a valid legal objection to be made.

Comcast, for example, specifically warns in its subpoena notification letter that Comcast must respond to the subpoena unless a motion to quash or motion for protective order is filed and granted. There are a few jurisdictions around the country in which such motions are currently having limited success. Unfortunately, the Northern District of Illinois is definitely not one of those jurisdictions. These motions were more successful years ago. I was the defense attorney in most of those cases and can explain to you how the Northern District of Illinois posture regarding those motions has evolved over time.

Can I settle my Bodyguard case before they get my name?

The good news is that there is a period between the time you receive a subpoena letter from your ISP and the date by which they will have to disclose your information to Bodyguard. If you want to resolve your case anonymously, this is your window of opportunity to do so. I will negotiate a settlement of your case, process the settlement agreement, and pass the settlement funds to the attorney for Bodyguard before your ISP discloses your identity. When the attorney for Bodyguard receives the funds, they issue a letter to your ISP withdrawing the subpoena for your IP address. This is the best time period during which to settle. Settle your case before the ISP discloses your information. Not because settling later is not possible. It certainly is. However, at this point in your case your information can remain between you, Comcast and me.

If you do not settle before the disclosure date provided by your ISP, they will produce the requested information to the attorney for Bodyguard. After the attorneys for the film gets the names and addresses from the ISP, they send each defendant a settlement demand letter. If you’re reading this, you probably received such a letter.

The settlement demand letter includes Bodyguard’s explanation of copyright law, and a demand for settlement in the amount of $3,900. Bodyguard employs very experienced intellectual property attorneys in Chicago. Negotiating with them requires skill and experience in handling copyright matters, specifically BitTorrent download cases such as the Bodyguard Productions cases.

I have represented thousands of defendants in BitTorrent download cases across the country, including nearly 2,000 in Chicago. I have been a litigator for 13 years, and will use that experience to help you negotiate the best possible resolution of your case. You can read more about my experience here. Call me at 312-994-2424 for a free consultation. We can discuss your exposure in the case, and the settlement values you can expect based on your individual personal circumstances.

Movie download cases are easier and cheaper to resolve if you act early. The more work the plaintiff has to do on their side of the case, the more money they demand to resolve it. I have over eight years’ experience with movie download cases. Hiring me to negotiate on your behalf will give you a significant advantage. I look forward to hearing from you and providing you with a free consultation to discuss your rights and the best resolution of your case. I look forward to hearing from you!