Time Warner is one ISP that is transparent about how long they keep certain records. If not, the proof of illegal downloads may fall on its face. So somehow the ISP has to be trying to keep up with all this. I spoke with a Comcast rep who told me they change very 7 days. Remember, domain names are “dynamic” meaning they are always changing. Find out how long they keep IP address logs. This might help cut down on frivolous damages that cannot ever be possibly proven in a court of law. I would call and ask the ISP subpoena response team how long they keep file logs for. Did your ISP violate their own terms of service? Did they invade your privacy? These are some things to think about. Ask to see a copy of what was turned over. This points out why it is important to see what evidence your ISP turns over to the movie, music, or software company following being served with the subpoena. Also, was this disclosed to the internet subscriber – that your movie downloads would be tracked and stored for X number of years? This is an interesting question, because if the internet service provider only keeps records, say, for 180 days, then how could a Plaintiff possibly rack up copyright infringement damages for the past several years? Moreover, WHY DID THEY WAIT SO LONG TO FILE A LAWSUIT SUIT IF THEY HAD EVIDENCE OF ILLEGAL DOWNLOADS IN 2012 FOR EXAMPLE? But is your ISP really tracking your downloads and storing them in a log year after year after year? I suppose you would have to know what their policy is. You can see how far back the alleged illegal movie downloads go. Sample evidence logĪttached is sample evidence log from one federal court lawsuit. Click here for to go to our resource page if you are wondering . You may wonder “who keeps tracks of my last four years of downloaded movies? Is that my ISP Cox, Verizon, Comcast, AT&T, Charter or Time Warner? What are their logging and tracking policies? This blog discusses a few possible defenses to Torrent lawsuits under situations like this. For example, the log sheet may show the Defendant is accused of downloading movies in 2012, 2013, 2014, and 2016. If true in your case, you may also note that the download history may go back a few years. When you get sued by adult movie companies like Malibu Media (one of the most prolific copyright infringement lawsuit filers in federal court history), attached to the complaint you might find an Exhibit that shows the history of illegal downloads of various movie titles that Plaintiff claims is infringing. Make sure to click on the Red “V” for Victory to subscribe to our legal channel. VIDEO: Click on the picture above to watch Attorney Steve discuss Bittorrent lawsuits.

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