Declaration of non-infringement in Strike 3 Holdings case
http://www.VondranLegal.com - Potential defenses to Strike Three Holdings, LLC copyright infringement lawsuits.
THE DECLARATION OF NON-COPYRIGHT INFRINGEMENT
When copyright infringement is alleged by Strike 3 Holdings, LLC in a Bittorrent file-sharing lawsuit, potential defenses that may be raised are related to open wifi, or denial of any downloading and a declaration of non-infringement before or during the federal court litigation may help get your case dismissed.
An argument could be made that the copyrighted material was downloaded by someone else on the open wifi connection or via another outside device. Additionally, filing a formal declaration of non-infringement can help provide "exulpatory" evidence in a case, as defendants can attest their legal innocence with supporting documentation.
If copyright infringement is proven, damages awarded may vary depending on the particular circumstances and other factors, such as prior copyright violations and financial gain from the copyright violation. Ultimately it's vital that those accused of copyright infringement understand their rights and any potential ramifications before proceeding with a defense.
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