xof7

i've been subpoena'd

23 posts in this topic

I just recently received an email from Godaddy stating that Microsoft has subpoena'd them for information about a domain name that i owned, xof7.com. I have no knowledge of having anything pirated from Microsoft at the time that i owned the domain. Can anyone give me some incite to as why they are subpoenaing information from me? I had the domain proxy registration so it wasnt initially in my name.
The number that is provided in the email is a fax machine. I called the domains by proxy company and they gave me the email address copyrightclaims@goaddy.com to email. The guy didnt know exactly what to do so i'm guessing that he is just told to have people who ask about subpoenas to email copyrightclaims@.

From what it looks like, the email is legit, here is the email and the headers:

This email is to inform you that we have received a properly formatted subpoena for documents in the following civil action: Microsoft Corporation v. John Does 1-50 pending in the King County, Washington Superior Court, Case No. (removed). Our response to this subpoena may require us to disclose some of your personally identifiable information. Therefore, we are providing this notice as a courtesy to give you an opportunity to object to the subpoena. The only way to object to a properly filed subpoena is by filing an objection with the court in which the matter is pending. If we do not receive an objection notice within 3 business days indicating that you have filed an objection, we will continue with producing the documents requested and charge your account according to our registration agreement.


Sincerely,

K. Willis
Sr. Paralegal/Compliance Manager
(480)624-2546 Facsimile



Delivered-To: webtime7@gmail.com
Received: by 10.66.220.13 with SMTP id s13cs244099ugg;
Wed, 16 May 2007 16:28:15 -0700 (PDT)
Received: by 10.70.67.4 with SMTP id p4mr14502666wxa.1179358095059;
Wed, 16 May 2007 16:28:15 -0700 (PDT)
Return-Path: <compliance@godaddy.com>
Received: from smtpout14-02.prod.mesa1.secureserver.net (smtpout14-02.prod.mesa1.secureserver.net [68.178.232.8])
by mx.google.com with SMTP id i14si1850573wxd.2007.05.16.16.28.14;
Wed, 16 May 2007 16:28:15 -0700 (PDT)
Received-SPF: pass (google.com: domain of compliance@godaddy.com designates 68.178.232.8 as permitted sender)
Received: (qmail 5957 invoked from network); 16 May 2007 23:28:14 -0000
Received: from unknown (HELO gem-wbe33.prod.mesa1.secureserver.net) (64.202.189.215)
by smtpout14-02.prod.mesa1.secureserver.net with SMTP; 16 May 2007 23:28:14 -0000
Received: (qmail 13413 invoked by uid 99); 16 May 2007 23:28:14 -0000
Date: Wed, 16 May 2007 16:28:14 -0700
From: Go Daddy Compliance <compliance@godaddy.com>
Subject: xof7.com
To: webtime7@gmail.com
Message-ID: <20070516162813.179ef26eadb65bd19e00bac1977a6c94.2bd8286ea9.wbe@email.secureserver.net>
MIME-Version: 1.0
Content-Type: TEXT/html; CHARSET=US-ASCII
User-Agent: Web-Based Email 4.9.36
X-Originating-IP: 172.16.53.21


Any help would be great. I'm trying not to panic.

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I wouldn't panic, but would get right on contesting the subpoena, and getting real legal advice. It looks legit as far as I can tell from that. I would be willing to bet that it has something to do with xof7.com announcing something Redmond would care about. Like this Stargate best-of that Google still has indexed. If I can dig it up, the lawyers already have.

Google this hash 4eb04352885730f2772e17f81915bf4813100aab

You need to try to remember what you had in the downloads section of the site, and what was on the forums you had. archive.org didn't index them. You didn't have that windows source file up there or anything that bad did you?

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All you have to do is find out why you're subpoenaed and get a copy of it. Take this to a lawyer immediately and have them mull it over. It's against 50 other people and one of them probably isn't you.

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I think i figured out a possible option. For about a year before the domain expired, I had it registered with a dyn dns service called afraid.org

I was allowing sub-domains to be given out on my domain so i think its a possibility that someone had one of my sub-domains and did something shitty with it.

I plan on calling the seattle superior court in the morning. I live on the other side of the state so its not to big of a problem... hopefully thats all it is tho. Could i be held liable for what others did with a sub-domain?

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3 business days? Gosh you people in the states have uber fast mail.

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[quote name='Aghaster' post='258124' date='May 17 2007, 05:57 AM']3 business days? Gosh you people in the states have uber fast mail.[/quote]


Naw--we just have a very shitty judicial system :)


As for the topic though--I got something similar for warez a while back. If you know what your doing you can use a little SE to get off the hook, or if you didn't do it--then be as honest as you can, and hope for the best :)

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If they are taking legal action against me, what can they do against me? I'm 17, would they go after my parents?

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[quote name='xof7' post='258140' date='May 17 2007, 10:20 AM']If they are taking legal action against me, what can they do against me? I'm 17, would they go after my parents?[/quote]

Probably not.

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I called the King county Superior court this morning and the lady said that their wasnt any information about the case. The only thing that she could see is that Comcast had been subpeonaed as well. She told me that I should contact the the lawyer involved in the case and that I should seek legal council before I do anything.

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17 is an adult in most states in the eyes of the judical system depending on the crime and such.

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[quote name='xof7' post='258162' date='May 17 2007, 11:52 AM']I called the King county Superior court this morning and the lady said that their wasnt any information about the case. The only thing that she could see is that Comcast had been subpeonaed as well. She told me that I should contact the the lawyer involved in the case and that I should seek legal council before I do anything.[/quote]

Yeah... don't talk to their lawyers... have YOUR lawyer call their lawyer....

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They lady at the King county court house said that it was a civil matter. I would assume that this means its not a criminal matter, meaning that they can only sue me for money, not imprisonment.

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ok then it means that your parents do not have a say sicne you are at the age to comprhend everything

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Say the case turns out to be something similar to whats been going on with the riaa/mpaa, I would have to go to court and then if I lose I would have to pay microsoft?

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That's it in a nutshell. You need to talk to someone competent man. You have, have, have to. Especialy if (don't answer) there is any chance they can win.

A win means you may pay a literal fortune. You need representation, and if "guilty" in the eyes of the law, hope for a settlement.

I'm drunk, and NAL, but that's what I would do man. These guys are from south fLorida and you probably aren't, but someone like this:
[url="http://www.focusonip.com/"]http://www.focusonip.com/[/url]

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Hrmmm ... Install Wireless Router ... OOOOPS OMG ... You mean I have to put a password on it ... I ran the disc and plugged it in and got a signal ... I thought it was good to go .. You mean someone was using my wireless to download Copyright Protected Materials ??? Ohh Noes ...

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Tomorrow is judgement day. Microsoft's lawyer is supposed to reply to me and hopefully I will be able to get some god damn incite to as what i have apparently done. My wireless network is not secured so maybe someone has used it to download!-! Plus I dont need to download cracked copies of windows or anything because I have academic licenses for nearly all their software because I am a student.

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GOOD NEWS :>
Their lawyer replied to me and their was someone spamming s sub-domain to my domain. I guess it was only natural for them to subpoena godaddy and comcast.
I feel a hell of a lot better.

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That's good news... Hope they aren't trying to get you to let your guard down before they send the black vans... ;)

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I've already formatted my laptop and put Ubuntu on it. I will be doing the same on my desktop soon.

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