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Archives for July 2020

July 19, 2020 by Leonard J. French

Strike 3 Holdings Demands Nearly 300 Identities

Strike 3 Holdings seems to have no shortage of potential defendants to their BitTorrent-based piracy lawsuits. On July 7th and 8th, Strike 3 Holdings filed 3 lawsuits with a total of 287 IP addresses identified from Atlantic Broadband, AT&T U-verse, Optimum Online, Spectrum, RCN, Comcast, and Webpass. Each IP address could become a defendant in a Federal copyright lawsuit if Strike 3 Holdings decides to pursue the case in court. They own the rights to the Vixen, Tushy, and Blacked brands of adult films and are prolific filers of copyright infringement lawsuits.

These subpoenas are serious and the first step in initiating a Federal lawsuit. Typically Strike 3 Holdings has investigators that monitor an IP address for months or even years, documenting every BitTorrent download. They typically wait until enough infringements have accrued from an IP address to be worth significant damages. In the 3 most recent lawsuits, the number of alleged infringements ranged from 25 to 383. The Plaintiff sees each infringement as worth $750 in statutory damages, which they may ask the court to treble to $2,250 for “willful” infringement. These are very expensive cases to lose in court.

Normally, Strike 3 would have to file a Federal lawsuit against each individual IP address, however, they have shifted strategy and are now using an obscure type of complaint in Florida’s Miami-Dade county court called a Bill of Pure Discovery. Many defendants are tempted to file Motions to Quash in order to protect their identities from being released, arguing that the Miami-Dade court is not the proper venue for copyright actions nor for defendants outside of Florida. For example, these 3 most recent lawsuits contain IP addresses geolocated to California, Michigan, Illinois, Maryland, New York, New Jersey, Pennsylvania, Connecticut, and Virginia, in addition to Florida. However, Strike 3 doesn’t seem to stop going after defendants that ask for a Motion to Quash and simply refile the lawsuit in Federal court and become more aggressive.

Sometimes, filing a Motion to Quash is still advantageous. I’ve defended hundreds of cases against Strike 3 Holdings across the country, both in negotiating settlements and litigating in court. If you’ve received a notice from Comcast Communications and you’re considering a Motion to Quash, settling, or fighting in court, please call us at 888.801.8681 or email. Please have your case number and IP address ready. We’re happy to explain your options for defense and recommend the best way forward.

[Read more…] about Strike 3 Holdings Demands Nearly 300 Identities

Filed Under: Bittorrent, By Plaintiff, California, Cases, Comcast Subpoena, Connecticut, Copyright, Federal, Florida, Maryland, Motion to Quash, New Jersey, Pennsylvania, States, Strike 3 Holdings, Strike3 Holdings, Subpoena, Summons, Virginia Tagged With: at&t u-verse, Atlantic Broadband, bittorrent, california, comcast, connecticut, file sharing, Florida, Illinois, IP Address, lawsuit, Maryland, miami-dade county court, Michigan, motion to quash, New Jersey, New York, optimum online, Pennsylvania, RCN, Spectrum, strike 3 holdings, summons, virginia, webpass

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    Notice of subpoena to ISP?

    If you have received a notice that your internet service provider has been subpoenaed in a lawsuit, you may still have time to protect your identity and keep your anonymity.

    Many defendants have to make the tough decision about fighting or settling their case. There are many details which determine the outcome of one of these cases.

    Call me now and I will help you understand where you are and how to best proceed.

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    Most Recent Updates

    • Strike 3 Holdings Files 11 Federal Lawsuits in Illinois January 24, 2021
    • Strike 3 Holdings Files 14 Federal Lawsuits in Michigan January 23, 2021
    • Strike 3 Holdings Files 17 More Federal Lawsuits in Virginia and Washington, DC January 22, 2021
    • Strike 3 Holdings Files 19 More Federal Lawsuits in New York January 21, 2021
    • Strike 3 Holdings Files 23 Federal Lawsuits in New Jersey January 20, 2021
    • Strike 3 Holdings Files 14 More Federal Lawsuits in Maryland January 20, 2021
    • Strike 3 Holdings Files 15 Federal Lawsuits in Pennsylvania January 19, 2021
    • Strike 3 Holdings Files 54 More Federal Lawsuits in California January 18, 2021
    • Strike 3 Holdings Subpoenas Identities of 186 Comcast Subscribers January 9, 2021
    • Strike 3 Holdings Files More Federal Lawsuits in Connecticut and Washington, D.C. January 2, 2021

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