A Copyright Violation Defense Case | Non-Referral for a Client Charged With Violation of the Copyright Act

While using a torrent, the client received contact from the police regarding the downloading of a film.

However, the client claimed unfairness, stating that, although the client had used a torrent, the client had no recollection whatsoever of having downloaded a film.

Nonetheless, the police treated the client as a subject of investigation based on IP address records, and, despite the absence of any fact of downloading a film, the client was facing a police investigation.

Accordingly, the client requested help in order to respond with the assistance of a criminal law attorney from the early stage of the case.

Whether the copyright was infringed intentionally or by mistake, the copyright holder may claim damages for the loss arising from the infringement.

In addition, beyond mere compensation, one may also be required to cease use of the work in question or to restore content already used to its original state.

The principal issues in this case were whether the client had in fact downloaded the film in question, and whether liability could be imposed based solely on IP address records.

Another important issue was whether the fact that the client had consistently accessed films through legitimate channels, such as theaters and OTT services, could establish the absence of any motive for illegal downloading.

The client claims that, although he had used torrents for other reasons, he was not even aware of the film in question and had no recollection of downloading it.

In response, the criminal law attorney examined several possibilities.

Accordingly, the criminal law attorney made clear that the client himself was not aware of the film in question and had not intentionally downloaded it, and requested careful consideration so that the client would not receive an unjust disposition.

The client stated that he had consistently subscribed to official OTT services for several years and that, when watching films, he used only theaters or OTT platforms.

In response, the criminal law attorney submitted the actual subscription records as evidence and emphasized that, because the client had already accessed films through legitimate channels, he had no reason or motive whatsoever to download the film in question via torrent.

If you become involved in a copyright violation case, you should first carefully verify the facts, such as download and upload records and IP usage history, and accurately determine whether any unlawful act occurred.

It is also necessary to secure records or materials of legitimate use in order to prepare to prove the absence of intent.

At this firm, criminal law attorneys with extensive experience in criminal matters such as copyright violations cooperate with our in-house evidence examination center to lawfully collect evidence and develop a response strategy.

If you are facing difficulties in a situation such as the above, please feel free to request assistance at any time through 🔗Legal Consultation Reservation.