How To Answer A Summons From A Copyright Troll

Posted on February 27, 2013 by DieTrollDie

As a follow-up piece on what to do when served, I thought it might be a good to provide a “template” answer document.  *** Now I will caution those of you that are considering using such a template.  If you are at this stage in the legal process, I would highly recommend at least consulting with an attorney knowledgeable with these types of cases.  Something like this can help or hinder you – depends on how you use it.
The template {Answer_Template} is nothing more than a starting point for you to truly make it your “own” answer to the complaint.  Please do not simply add your name and mail it off.  You will have to edit the template to accurately respond to the complaint against you.  Each Troll complaint is a little different and you need to be aware of this.  Failure to do this correctly can lead to embarrassment (best case) or possibly providing a false statement (worst case).  Please don’t lie on any legal documents, as you can get into some serious trouble.  
The answer is a simple response to the complaint that was filed against you.  You address each point in it with either an admission, a denial, or that you don’t know.  I would not go into detail on why specific aspects of the complaint are wrong, but some additional information may be beneficial.
I would not recommend admitting to anything in the complaint, with the exception of the very mundane.  If you admit anything, you are essentially stipulating (agreeing) with the Troll.  This may become an issue later if you decide to argue a point previously agreed on.  This also makes the Troll prove all their points in the case – don’t make it easy for them to sue you.
Here are some of the general responses

• Defendant denies the Plaintiff’s allegations in Paragraph 2.
• Defendant denies the Plaintiff’s allegations in Paragraph 3, because the Defendant does not have sufficient knowledge or information to form a belief about the truth of the allegations.

You will see in the template that for a few of the answers I do expand the response a bit.

• Defendant denies the Plaintiff’s allegations in Paragraph 8. Even if the IP address in question was associated with the Wireless Firewall/Router (WFR) or network located at Defendant’s residence, those facts still do not give rise to personal jurisdiction over the Defendant. An IP address is not a person, rather it is merely a series of numbers assigned to a computer or device, which can be accessed by multiple individuals over time. Moreover, an IP address can be simulated from a separate location by an unscrupulous individual, meaning that Plaintiff’s software could inadvertently flag an innocent IP address if it is being simulated or spoofed by another.

For this template, I used the Malibu Media complaint against John Doe, IP address 174.51.234.104, filed on 5 Feb 13, in the District of Colorado.   complaint_00307(CO)   EX_A_7movies_00307(CO) EX_B_7movies_00307(CO)  EX_C_othersharedmovies_00307(CO) EX_D_ExculpEvidLetter_00307(CO)    I don’t know the Defendant in this matter and simply picked the case at random.  Read them side-by-side and you will see how the answer works.

Defenses

The next part of the answer is providing a list of possible defenses, and a caveat that other defenses may be added at a later time.   Some of the defenses are

• Declaratory Judgment
• Failure to State a Valid Cause of Action
• De Minimis Non Curat Lex
• Failure to Mitigate Damages
• Innocent Infringement
• Barring Statutory Damages and Attorney Fees
• Failure to Join an indispensable Party
• Communication Decency Act
• License, Content, and Acquiescence
• Unclean Hands
• Injunctive Relief

The last part of the answer is the prayer for relief, your signature/date, and the certification of service showing you provided the Troll with a copy.
You may ask what about counterclaims.  That is a possibility and can easily be added to your answer.  The intent of this article was to give people a starting point to respond pro se if they determined hiring a lawyer is not possible.

Filing The Answer

This can be done in person at the court or via mail.  After making two copies (for you and the Troll), mail the original to the court and one copy to the Troll.  The various court addresses can be found on their Web sites.  Contact the clerk of the court if you are unsure of the address or have other questions.  The address of the Troll can be found at the bottom of the complaint.

What Is Next?

Various motions could be filed, followed by the discovery phase.  By at least responding to the summons/complaint, you are not making it easy for the Troll to obtain a default judgment.  If the Troll is truly determined to continue the case, they are going to have to spend additional time and money.  This hurts their bottom line.  Without having any real evidence or a desire to expose their operation in open court, there is a good possibility they will attempt to have the case dismissed directly or indirectly.
DieTrollDie