Did You Receive a Settlement Letter From Dish and Sling?

Copyrighted content is frequently sold and streamed online, and networks like Dish Network and its subsidiary Sling TV are cracking down on those who infringe on their copyrighted materials. Among other things, they are sending copyright violation notices (otherwise known as demand letters) to individuals selling set-top boxes that advertise illegally obtained Dish and Sling channels. These notices are also sent to anyone caught illegally accessing or selling Dish and Sling copyrighted materials. 

If Dish and Sling believe you are infringing on their intellectual property rights, they likely sent you a settlement demand letter. At Rosenblum Law, our copyright infringement attorneys have years of experience dealing with a variety of cases. We will ease your worries by preparing a legal strategy and handling negotiations with Dish and Sling. Read on to learn more about copyright infringement, what the letter you received means, and the potential defense strategies an attorney could employ. 

What is Copyright Infringement and Piracy? 

Copyright law protects a person’s or entity’s intellectual property, giving it specific, exclusive rights over original works. Copyright infringement is an umbrella term that refers to any unauthorized downloading, duplication, or distribution of copyrighted material. Piracy is a form of copyright infringement specific to reproducing or circulating copyrighted material, as opposed to solely using or accessing it. 

Under copyright law, Dish and Sling have exclusive rights over their TV channels and other services. Infringing on Dish and Sling’s copyright is a federal crime that can be charged as a felony or misdemeanor, depending on the circumstances. 

The Purpose and Legitimacy of a Settlement Demand Letter 

A settlement demand letter alleges that the letter recipient has infringed on a company’s copyright and threatens a lawsuit if a settlement cannot be reached. The letter may include a cease-and-desist demand asking the recipient to terminate any illegal activity, along with paying a sum of money. Lawsuits are expensive and time-consuming for both sides in a copyright case, meaning Dish and Sling are likely to send a settlement demand letter before taking the case to court. 

Hoaxes and scam messages or letters are becoming increasingly common. Understandably, the first question for many who receive a purported settlement demand letter is whether or not it is legitimate. Such doubts lead many recipients to ignore these letters, which can make the situation worse. This is especially true if the recipient continues their allegedly illegal activity, knowingly or unknowingly. To verify the legitimacy of a letter, check if it includes official contact details and consult an attorney. 

One example of a cease-and-desist letter sent from Dish and Sling asked for a settlement of $25,000. The notice stated that the statutory damages for each alleged instance of copyright infringement, if proved in court, would be between $200 and $2,500 – potentially well above the $25,000 settlement that the letter asked for. 

The cease-and-desist letter also demanded termination of all allegedly illegal activities and full cooperation by the defendants. This included preserving the electronic records of anyone who assisted them in the operation and keeping all the records of the allegedly illegal sale of Dish and Sling’s services. 

The Potential Outcomes of a Copyright Case 

There are a few possible outcomes when someone is issued a settlement demand letter. These include: 

• Case Dismissal:  An attorney may be able to get the case dismissed if they can prove that Dish and Sling’s claims do not have a legal basis.
• Settlement agreement:  This is the next-best option, as it prevents the case from going to court. An attorney will negotiate with Dish and Sling to reach the lowest settlement amount possible.
• Trial:  If a settlement is not reached, Dish and Sling could file a lawsuit against the other party. This can result in more severe consequences if one is found guilty, including up to $250,000 in fines and imprisonment of up to 10 years if convicted of willful infringement. 

Immediate Next Steps

After receiving a settlement demand letter, follow these steps to ensure the matter is resolved as quickly and as effectively as possible: 

Step 1: Understand the Accusations and Terminate Illegal Activity 

The letter will include the accusations the recipient is being accused of. Read it thoroughly and determine if the claims are true. Terminate any potentially infringing activity immediately to avoid additional consequences. 

Step 2: Consult with an Attorney 

To ensure the recipient understands the terms of the letter, responds accurately, and defends themselves effectively, an attorney is essential. A response to the settlement demand letter is required before the case can proceed, and crafting an appropriate response is best done by an attorney. 

Step 3: Formulate a Defense Strategy and Gather Evidence 

The recipient must be honest and transparent so their attorney understands the facts and can formulate the best defense strategy. Depending on the circumstances, this strategy could include negotiating a lower settlement than what was demanded or arguing that the recipient did not commit the alleged crime. If the recipient has relevant evidence, such as receipts of lawful purchases or records of their digital activities, they should show it to their attorney. 

Potential Defense Strategies 

The following are some common defenses an attorney may employ to defend their client against Dish and Sling: 

• Innocent infringement: This defense alleges that the recipient accidentally infringed on the copyrighted material. It is most successful when the infringer did not have a reason to believe their activity qualified as illegal infringement.
• Fair-use doctrine:  This doctrine allows the unlicensed use of copyrighted works without permission under certain circumstances.
• De minimis principle:  This principle states that violations found to be trivially small or insignificant do not constitute infringement. 

These and other defenses, when effectively argued by an attorney, can result in a reduced settlement amount or reduced consequences if the case goes to court.  

Why You Need a Copyright Infringement Attorney 

An attorney will understand copyright law and how to employ defense and negotiation strategies effectively. It will be especially difficult for someone who receives a settlement demand letter to handle the matter alone. The benefits of an attorney include, but are not limited to: 

• Evaluating the case and assessing the claims 
• Ensuring the settlement demand letter is legitimate 
• Protecting their client’s rights 
• Advising their client on what the accusations mean and how they should proceed 
• Developing an effective defense strategy 
• Negotiating with Dish and Sling to reduce the settlement amount 
• Representing their client in court and gathering evidence if a settlement cannot be reached 

FAQs 

Contact a Rosenblum Law Attorney Today 

At Rosenblum Law, we have an effective method with a proven track record in defending against copyright infringement claims. If the case isn’t dismissed, will work to reach a reasonable settlement by: 

• Preparing a comprehensive and aggressive legal strategy with our deep understanding of copyright law and the facts of your case.
• Negotiating with the opposing counsel to avoid a lawsuit and going to court. If a settlement is reached, we will review the settlement agreement to ensure it meets your goals before you agree to settle. 
• Transferring the settlement funds through our attorney trust account, which will protect your identity when sending the settlement amount to Dish and Sling. 
• Dismissing the lawsuit by notifying the court of the settlement resolution, preventing future litigation arising from the same case.

It’s understandable to be frightened after receiving a settlement demand letter, but with the help of one of our attorneys, you don’t need to panic. We understand the emotional and financial burden of this situation, and we will work tirelessly to ensure you reach a favorable outcome. Contact us today for your free consultation and case evaluation.