I have a subpoena for downloading copyrighted films and i was wondering how i can quash or vacate it

I'm afraid your situation is somewhat difficult to understand, which might be why you've gotten no responses. A subpoena typically is served on someone in an effort to gather evidence, typically in a lawsuit against someone else. If you've been served with a subpoena asking for records or testimony regarding your open network, you can file a motion with the court from which the subpoena was issued seeking to quash the subpoena. The process and standard for such a motion in a U.S. copyright case is set out in subsection (c) of Federal Rule of Civil Procedure 45: http://www.law.cornell.edu/rules/frcp/rule_45 . Rather than trying to do itt yourself, you really should hire an experienced copyright litigator to do so for you -- the likelihood of success will be a lot higher than if you file the motion "pro se" (on your own behalf). Fair or not, pro se litigants usually aren't very successful in federal courts in copyright matters. Of course, it might be simpler and cheaper simply to comply with the subpoena. On the other hand, if you have been served with a "complaint" rather than a subpoena, and it is you that is accused of downloading copyrighted films (a much more common question here), you definitely should hire a lawyer rather than try to fight the case on your own. The stakes are much higher in that situation, and you could end up with a judgment against you for thousands of dollars. There are many good copyright litigators in Seattle, a lot of whom are listed here on (John Whitaker is one that comes to mind). I strongly suggest that you check with one of them and explain your situation in more detail. Good luck.

I overwhelmingly agree with Mr. Montague's answer. I just thought I'd add the following insight: 1. If the subpoena directs you to produce documents, under Rule 45, within 14 days of being served with the subpoena, you may simply send the other party a written objection to the subpoena. Then, the onus would be on the other party to get a court order to compel you to produce the documents. 2. If you can't afford an attorney, you could see whether a legal clinic in Washington State or King County might be willing to help you for free. I've pasted a couple of links for you below. But, you'd want to get on that really, really quickly, as subpoenas are typically time sensitive. 3. If you can't afford an attorney, and if you're unable to get free legal representation, and if you're Hell-bent on opposing the subpoena yourself, you'd likely be able to find form pleadings relating to a motion to quash a subpoena at the King County Law Library or the federal court's law library in downtown Seattle. A law librarian could probably direct you to something relatively quickly. Best of luck, and hope this helps a bit. http://www.wsba.org/Resources-and-Services/Find-Legal-Help http://www.kcba.org/pbs/legalhelp.aspx

I agree with Mr. Meyers and Mr. Montague, particularly that you should consult with an attorney about the subpoena. Many times film company copyright owners will first subpoena records from Internet service providers, which are usually obligated to provide you with a copy of the subpoena, indicating that they will be turning over the records and you have a right to move to quash the subpoena. The purpose of such a subpoena is for the ISP to reveal the identities of its users, so the copyright owner knows who to sue for copyright infringement. Subpoenas are usually issued only after a lawsuit has been filed, so there is likely already a lawsuit pending against you (although if the copyright owner does not yet know your identity, you will be one of many "John Doe" defendants). Your hosting of an open network could be the source of this issue. In these types of downloading cases, most courts hold that the owner of the Internet connection is responsible for all content that is downloaded through that connection. In other words, it will not be a good defense for you to simply say "It wasn't me, someone else must have logged in through my connection." So it could be very important for you to retain an attorney to represent you, discuss your options with you, and serve as the intermediary between you and the copyright owner's attorney. Sometimes a deal can be reached early on. Good luck.

You probably have not be subpoenad--your ISP has. Lately several ISPs have been moving to quash those subpoenas and winning. Most recently, AT&T and Comcast have had those subpoenas quashed. In addition, some courts have already started to recognize that you don't have an obligation to secure your router and if you don't you're not on the hook for others who use your network. I think the only court that has formally held that is in Finland though, so it isn't binding but should be persuasive. You need to contact an attorney about this. But be prepared to pay something if you get an attorney involved. If you plan to do this on your own, then try visiting the Electronic Frontier Foundation (eff.org) or the Fight Copyright Trolls blog (fightcopyrighttrolls.com). Both have good information. Good luck.