LW Systems LLC claims to be a Miami Beach, Florida company "matching adult content copyright holders with adult website operators" and alleges that Defendant Christopher Hubbard "deceptively gained unauthorized access to, and installed software on, Plaintiff's computers, which allowed others to gain unauthorized access to those computers." A copy of the Amended Complaint filed July 18, 2013 is found here. LW Systems LLC v Christopher Hubbard, 13-L-15.
On July 23, 2013, Plaintiff and Defendant stipulated to a dismissal with prejudice. However, a motion for fees and costs by ISP Charter Communications based on invalid subpoenas from the Plaintiff is scheduled for August 7, 2013 at 9:00am. It remains to be seen whether Doe subpoena recipients who previously filed (and were granted) motions to quash will likewise seek costs and attorneys fees as well.
Our firm presented several motions to quash subpoenas at the St. Clair County Circuit Court on June 27, 2013 regarding the original Complaint, which were granted along with other Does and ISPs.
The following is not intended to be legal advice. Seek competent legal counsel for your specific situation.
The LW Systems LLC case appears to make similar, but not the same, allegations as the Guava LLC and Arte de Oaxaca cases. At this point in time, the LW Systems LLC case appears to allege a conspiracy of individuals hacking computer systems in order to access adult movies on a paid website(s) - which are not named. Alternatively, the complaint appears to allege a conspiracy of individuals using malware (software with an illegal aim of unauthorized access) to achieve the same aim, to access adult movies on a paid website without paying the fee.
We have no reliable facts at this point in time, as there has been little to no court-ordered discovery to obtain documents, depositions, etc. Speculation exists that IP addresses receiving notices of subpoenas in the LW Systems LLC case may have merely been used in file-sharing using BitTorrent software. If this is the case, it does not mean that LW Systems LLC has a legal case against these persons for merely using BitTorrent to file-share movies, as no copyright infringement claims by LW Systems have been made.
It remains to be seen if LW Systems will better articulate their claims. As with other peer-to-peer file-sharing cases, we will continue to follow the LW Systems LLC case intensely to advise our clients. One important consideration will be what effect, if any, the current proceedings in the AF Holdings case now in a Los Angeles federal court may have in this matter.
Call attorney Jeffrey Antonelli for a free initial consultation at 312-201-8310 or email him at Jeffrey@Antonelli-Law.com. This is a swiftly changing area of law and we continually follow the latest developments. Comparing lawyers? We're no johnny-come-lately to tech law. Our last complex trial involved computer firewalls, sophisticated commercial networks, and a Microsoft certified expert.
Many people are receiving notices from their ISP (Internet Service Provider) informing them a subpoena was received demanding their name and address. If you do nothing, the ISP will release your name and address to the plaintiff's attorneys on the date indicated in the notice. People are also receiving Summons in the mail requesting waiver of service of process. Call us for a free initial consultation if you receive either of these.
offer a reasonable Flat Fee for helping you settle and remain anonymous
in many cases; and reasonable fees for motions to quash and for
defending you if you are named as a defendant in a copyright
infringement lawsuit. We gladly accept referrals from other
attorneys and accept clients for Illinois, Wisconsin, Ohio, New Jersey, Florida, and other states' federal courts on
pro hac vice application around the country.
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