Wednesday, July 25, 2012

Motion To Quash Subpoenas In Copyright Infringement Cases

There is a ton of coverage about Motions to Quash the subpoenas that are being served in these mass-infringement cases. There are also several pretty good sample Motions to Quash out there. But the question is: which one do I use? The answer should be, the one that works.
Motion to Quash subpoena in copyright troll caseWith that in mind, I decided to do a survey of as many Motions to Quash as I can come up with. My plan is to evaluate them with an eye, not toward how good they sound, but did they work. I will then publish my opinion on which legal theories are most likely to win in your own motion to quash, and which legal theories you should stay away from.
If anyone out there wants to help with this task, just shoot me a message or leave me a comment below. I hope to have some results soon.
Here are some of the cases I'm looking at:
Third Degree Films, Inc. v. Does 1-152, 1:11-cv-01833 (DCD)
Celestial, Inc. v. Does 1-252, 2:12-cv-00082 (FLMD)
Boy Racer, Inc. v. Does 1-60, 3:11-cv-01738 (CAND)
Malibu Media, LLC v. Does 1-15, 2:12-cv-02090 (PAED)
Cinetel Films, Inc. v. Does 1-1052, 8:11-cv-02438 (MDD)