Strike 3 Holdings and Malibu Media have continued to sustain their record breaking pace of filing copyright infringement lawsuits. Combined, they filed more than 80 lawsuits in the past week. Malibu Media was particularly active, filing 12 lawsuits in Illinois, 3 in Michigan, 15 in New York, and 16 in Texas. Strike 3 Holdings filed an additional 9 lawsuits in Colorado, 4 in Illinois, 10 in Maryland, and 12 in Pennsylvania. In August, Malibu Media has filed more than 100 cases and Strike 3 Holdings has filed more than 300. Combined, they file more than a dozen lawsuits a day on average.
Archives for August 2018
Strike 3 Holdings and Malibu Media have filed another 54 lawsuits across the country against John Does, accusing them of downloading their adult films using Bittorrent. This brings the total to more than 340 lawsuits filed in August – averaging more than a dozen lawsuits every day. For this latest round, Strike 3 Holdings has filed 18 cases in California and 5 cases in Pennsylvania. Malibu Media filed another 10 cases in Maryland, 3 in Michigan, and 18 in New Jersey.
Normally, it would be extremely difficult to file hundreds of lawsuits against individuals in less than a month, however, Strike 3 Holdings and Malibu Media file nearly identical suits each time. They begin by identifying an IP address they claim participated in downloading and sharing of their films through Bittorrent and then sue the unnamed account holder as a John Doe. As they only have an IP address, they then ask the courts to subpoena the defendant’s identity from the Internet Service Provider so the defendant can be formally served.
Defendants usually first learn they are being sued when they receive a letter from their ISP that informs them the plaintiff has requested their identity. Because federal civil lawsuits are generally public record and easily searchable, many defendants wish to remain anonymous to minimize the suit’s affect on their private and professional lives. If a defendant wishes to remain anonymous, it is vital they retain counsel without delay.
On August 15 and 16, Strike 3 Holdings and Malibu Media filed a combined 93 lawsuits in addition to the 51 filed earlier this week. Strike 3 Holdings was responsible for the majority of the lawsuits, filing 19 in California, 7 in Nevada, 12 in Texas, 4 in Maryland, 25 in Michigan, 6 in New York, and 13 in Virginia. Malibu Media also filed 7 lawsuits in Virginia during the same time period.
It appears the record-breaking pace at which Strike 3 Holdings and Malibu Media file lawsuits is only speeding up. They are capable of filing such an extraordinary amount of lawsuits because each one is so similar. They begin by identifying an IP address they claim contributed to downloading and sharing of their copyrighted adult films through Bittorrent and then sue the unnamed account holder as a John Doe. As they only have an IP address, they then ask the courts to subpoena the defendant’s identity from the Internet Service Provider so the defendant can be formerly served.
Because federal civil lawsuits are generally public record, the resulting lawsuit is easily visible when doing online searches under the defendant’s name. This is understandably distressing for many defendants as this has the ability to impact them professionally and privately. The plaintiffs know that the potentially embarrassing nature of being accused of downloading adult films can create additional motivation for defendants to settle. [Read more…] about Strike 3 Holdings and Malibu Media File Almost 100 New Lawsuits over 2 Days
It appears this weekend was just the beginning. Strike 3 Holdings has filed another 51 lawsuits across the country – 27 in California, 19 in New York, and 5 more in DC. This is in addition to 11 more filings by Malibu Media in Connecticut (11 lawsuits) and Pennsylvania (4 lawsuits). This continues to be a record breaking year for Strike 3 Holdings and Malibu Media as they file suits against IP addresses they claim contributed to Bittorrent downloading and sharing of their copyrighted adult films.
As the only identifier they have at first is an IP address, these are known as John Doe lawsuits. However, the defendants do not remain anonymous for long. The plaintiffs are quick to serve subpoenas to the Internet Service Provider associated with the IP address. The Internet Service Provider then required to reveal the name of the account holder if the case is not dismissed.
In a weekend blitz, Strike 3 Holdings filed 39 lawsuits, including 29 in New York and 10 in California. The regular mass filings of copyright infringement lawsuits across the country by Strike 3 Holdings does not appear to be slowing down.
In these John Doe Bittorrent lawsuits, Strike 3 Holdings usually alleges an IP address has been used to download their adult films. After filing the lawsuit against the unknown account holder, the plaintiff will request a subpoena for the identity of the account holder. Once the court grants permission, the Internet Service Provider associated with the IP address is required to provide the plaintiff with the identity by a specified deadline.
Malibu Media and Strike 3 Holdings are continuing their bombardment of lawsuits across the country by filing another 77 Bittorrent file sharing lawsuits – in only 2 days!
Strike 3 Holdings is responsible for 67 of the John Doe lawsuits, filing 22 cases in New Jersey, 20 in New York, 15 in Connecticut, and 10 in California. During the same time period, Malibu Media filed 10 additional suits in Eastern Michigan.
It’s possible to file 6 dozen lawsuits in such a short period of time is because the allegations are so similar for each suit. The plaintiffs name an IP address they claim downloaded their adult films, list the alleged infringements, and then subpoena an identity from the Internet Service Provider. If not settled or dismissed early, the ISP is required to disclose the account holder’s identity. Unfortunately, once a defendant is named in a lawsuit, this becomes public and easily searchable online.