Why motions to quash in a copyright violation case for the illegal downloading of movies might fail.

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Masked in a motion for sanctions against an attorney, the opposing attorneys in a copyright infringement suit for the illegal download of the Far Cry movie state to the court that motions to quash, motions to dismiss, and motions for protective orders ARE COMPLETELY INAPPLICABLE BECAUSE DEFENDANTS ARE NOT YET NAMED OR SUED AS DEFENDANTS IN THE LAWSUIT. The plaintiffs continue and say, “the subpoenas are issued to the ISPs, and the Doe Defendants do not have to do anything in responding to the subpoenas [because they have not yet been named in the lawsuit].” (Emphasis added.)

This should be informative to attorneys who have been blindly filing form motions to quash every time one of their clients are sued for copyright infringement. In many cases, the motions to quash have simply not been successful. In this particular case, the attorney providing the forms for the motion to quash has been recommended for sanctions.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Robert Z. Cashman, Cashman Law Firm, PLLC | Attorney Advertising

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