Twenty-six more households in California will be receiving an unexpected notice from their internet service providers (e.g., AT&T, Comcast, Spectrum, Verizon, etc.) notifying them that Strike 3 Holdings is suing them and has subpoenaed their identity. Strike 3 Holdings files thousands of nearly identical lawsuits all across the country alleging that their investigators have observed IP addresses repeatedly downloading their copyrighted films (published under the brands Vixen, Tushy, and Blacked) through BitTorrent networks. They then sue the internet subscriber for damages and subpoena the ISP for the subscriber’s identity in order to serve the defendant. Although plentiful, each lawsuit is serious, with minimum damages reaching into thousands of dollars per alleged infringement.
The only way to stop the release of the information is through a Motion to Quash. This is a court motion that argues that the subpoena should be voided, cancelled, or otherwise “quashed”. Although it sounds simple, Motions to Quash are complicated in these cases as the subpoena is between the Plaintiff and the ISP and the internet subscriber is a third-party.
If you have received one of these letters, it’s important to seek legal counsel without delay. Without action, your ISP is obligated to reveal your identity. If not defended against, the Plaintiff can name the defendant publicly and formally serve the defendant. Once you are served, you typically have 21 days to respond in Federal Court or face a default judgement. Acting quickly can sometimes prevent your identity from being released to the Plaintiff. In other cases, we can argue for a Motion for a Protective Order that can shield your identity from the public.
To learn about your options for defense, please don’t hesitate to contact me with your name, number, and case number (sometimes called docket number or civil action number). Please don’t hesitate to call me immediately at 888.801.8681. If calling after-hours, please leave a message with your name, number, and case number (sometimes called docket number or civil action number); I do return calls after-hours.
For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.
I have years of experience defending file-sharing lawsuits and can help you achieve the best outcome possible. I have defeated several copyright plaintiffs in lawsuits around the U.S.; I also fought Malibu Media in their first trial. I’ve represented over 600 defendants in both settling and litigating file-sharing lawsuits. I’ve written a subpoena defense guide for your information, as well.
I look forward to speaking with you and helping you put this matter behind you. Please don’t hesitate to call. 888.801.8681.
Yours,
Leonard French