File-sharers whose Internet subscriptions are suspected of being used in film piracy are requested by movie studios to fulfill a deposition that was filed in court.
Several thousands of users have already been accused in recent years, with the majority being regular BitTorrent subscribers.
Recently, a specific focus has been placed on users of free streaming site Popcorn Time whose IP addresses were listed in a complaint filed by the makers of the Adam Sandler film "The Cobbler." While some have already responded to the inquiries by giving out a deposition , there are also users who apparently refused to cooperate.
"Four of the subscribers have refused to respond to plaintiff's letters and plaintiff is without means to obtain voluntary cooperation," writes the film studio.
The subscribers in question are reportedly those who used their Comcast connection in the illegal download of the film.
The plaintiff's request states that the defendant is commanded "to appear at the time, date and place set forth below to testify at a deposition to be taken in this civil action. If you are an organization, you must designate one or more officers, directors or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or those set forth in an attachment."
Furthermore, the defendant or his representatives are asked to bring certain documents, electronically saved data or objects that will be held for inspection, testing, copying or material sampling.
"Any notices or communications related to Internet use or copyrights or the infringement of copyrights received by anyone in your household, including DMCA notices whether by email or U.S. Mail or other means," writes the studio in its subpoena.
While the depositions can be an effective method of tracking down the offenders, they are also optimized to push ISP subscribers to cooperate after being found to show signs of ignoring settlement requests.
The request had successfully been granted the next day it was filed, assuring the plaintiff that the depositions will proceed as planned.
"Plaintiff wishes to ensure that investigations are complete and proper and submits that in this matter something beyond the mere identification of a subscriber by an ISP is proper before a defendant is named," the studio adds.
Depositions, particularly in cases that involve file-sharing activities, are considered relatively rare and don't usually get permission from all courts. With a similar request filed a few weeks ago, a Washington District Court decided to reject the move, arguing that the threat is being used solely as a tool to make subscribers settle.
