Copyright infringement Lawsuit. Settlement advice, costs, and timing.

As a general matter, contacting a plaintiff attorney regarding a John Doe civil suit to ask about settlement options won't incriminate someone from a legal standpoint. However, it likely will help the plaintiff lawyer identify you and maybe avoid the necessity of going through the John Doe process. Keep in mind though that asking about settlement options sometimes can be done -- at least initially -- without identifying yourself. Also as a general matter, settling a civil copyright infringement suit won't create a criminal record of any type. And many a settlement in this type of litigation may not enter the public record at all. Finally, and again as a very general matter, settlement amounts in the $2000 - $3000 range seem to be fairly common for these types of cases if a defendant settles early. I agree with Mr. Ross and Mr. Klosowski that talking to a copyright lawyer would be best. Unfortunately though, the cost of paying a lawyer in these situations can quickly exceed the cost of settling, as you've probably guessed. I'd suggest seeing if you can find Georgia lawyer (which I'm not) that will help you initially on a limited basis (no more than an hour or two of time) to determine the following: 1) Have you truly been named as a John Doe or otherwise in a copyright infringement suit? I've had several folks tell me they've been sued in these circumstances because they received something with a court caption on it, when in reality the person had not been sued at all. 2) Is this a situation where the plaintiff's attorney has a process set up to settle with defendants quickly and easily based on a standard settlement agreement that is readily available? These types of suits sometimes involve so many defendants and are so "automated" that a defendant can actually settle the matter by paying online with a credit card and signing the settlement agreement electronically. 3) Does the settlement agreement truly release you from all further liability if you pay the settlement amount? This is the most critical question, particularly if you are willing to pay a few thousand dollars and be done with it. Situations involving allegations against hundreds of separate copyright defendants often have standard settlement agreements that a defendant can obtain for review from the plaintiff lawyer's office (usually by talking to a staff member or even by downloading from a website) without too much trouble. Hope this helps. Because of the economics of settling vs. paying a lawyer to defend you, these situations often don't offer any good options on how to proceed. And, sadly enough, whether a person has truly done anything wrong frequently ends up being irrelevant in the grand scheme of things.

Do not contact the Plaintiff's attorney without consulting with an attorney first. You did not indicate what state the lawsuit was filed in - that's important. If it's a state different from where you live, you may have grounds to have the subpoena quashed. Additionally, other defenses may be available. The Electronic Frontier Foundation maintains a list of attorneys in almost every state who help defend in these cases. (I know because I'm listed as one of them in Florida.) A link to that list is below. If your case is in Florida, you can call my office for a free consultation, because I do represent John Does in these cases. If the lawsuit was filed in another state, however, call some attorneys in that state. Find out what grounds for defenses you may have. Also, as the other attorneys said, don't mix up "criminal" with "civil" suits - they're completely different things. Again, however, I strongly advise you speak to an attorney (or two) before forking out money that you may not necessarily have to pay. These lawsuits are filed as money-making machines, and many of them have been highly criticized for their settlement tactics. Good luck!

You should speak with an attorney first. You rightly should hesitate to take an action that might make your situation worse. When your lost in the woods, the worst thing you can do is to start panicking and running in an arbitrary direction that might take you deeper into the woods. For instance, your facts don't indicate what was possibly infringed nor where the suit might be filed (or already filed but not yet served). The plaintiff may not even be able to obtain personal jurisdiction over you under the federal rules. Best of luck.

You need to retain legal counsel to defend you in this matter. As you have recognized, you face an award of statutory damages in a significant amount, plus attorneys fees. Thus, settlement may be wise. But you should not settle a serious matter like this without retaining counsel, The cost of settlement is not just the amount you pay to the plaintiff---it also includes the cost of making sure that the settlement papers (usually a settlement agreement and exchange of releases) are adequte to protect your interests. You want to make sure that you resolve this matter fully, so that the plaintiff's cannot try to sue you again for the same act of infringement. Further, if you retain counsel to represent you, counsel may be able to negotiate a reduction in the amount of the settlement. In short, you woulld make a mistake if you just settled this on your own---go hire counsel to represent you. The investment you make in legal counsel will end up saving you a great deal of money and aggravation in the long run. Also, you are likely to hear from some people who will say you should never settle one of these cases. That is very bad advice indeed, offered typically by persons and advocacy groups who take an extremest position against "copyright trolls". As you wisely recognize, this is a case that should be settled expeditiously, and that settlement should be handled by legal counsel on your behalf.