BitTorrent Subpoena & Lawsuit Defense

Colorado

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Strike 3 Holdings Subpoenas Identities of 186 Comcast Subscribers

What this Miami-Dade County Court Lawsuit Means

On December 30, 2020, Strike 3 Holdings filed its fifth case of the month (2020-031249-CC-05), in Miami-Dade County Court, this time to ask for subpoenas for an unbelievable 186 Comcast subscribers from across the country. Based on their IP addresses, we believe this represents people from California, Colorado, Connecticut, Florida, Georgia, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, Pennsylvania, Tennessee, Texas, Utah, Virginia, and Washington, DC. Strike 3 claims they documented 186 IP addresses committing copyright infringement by downloading Vixen, Tushy, or Blacked branded films through BitTorrent networks. 

So how is it that Strike 3 can sue so many people, from all across the country, in county court in Miami-Dade, Florida? Through a lesser known type of complaint called a Bill of Pure Discovery. They allege that the only relief they’re looking for is discovery, that is, a subpoena to the internet service provider (i.e., Comcast) for the identities of the internet subscribers behind each IP address.

Once the court grants the subpoenas, Comcast is obligated to respond unless the defendant files a Motion to Quash (i.e., a motion to cancel the subpoena).

Once Strike 3 has the internet subscriber’s identity, they will usually sue an adult male in the household claiming that he must be the infringer. These Federal lawsuits are serious and can have damages of at least $750 per infringement. This can make a typical Strike 3 Holdings case worth $10,000s, if not $100,000s in damages. These cases shouldn’t be ignored.

Can I just Ignore This?

Many people who receive a notice from their ISP wonder whether Strike 3 is actually serious about filing Federal lawsuits against those who refuse to settle the case. Many hope that Strike 3 will ignore or forget about them. Unfortunately, Strike 3 is one of the most prolific copyright plaintiffs in Federal Courts. In 2020, they filed almost 900 Federal cases, largely representing people who refused to settle when the case was first filed in Miami-Dade. Although Strike 3 often treats these lawsuits as an opportunity to make money through quick settlements, they are also willing to follow through in Federal court.

Motions to Quash

Given the serious nature of the allegations, many defendants want to pursue a Motion to Quash. This is understandable, and there are some valid arguments that while the case remains in Florida county court, such as arguing that the court doesn’t have jurisdiction over copyright matters, nor over non-Florida residents. However, this might not be the end of the case, as Strike 3 frequently files Federal lawsuits against those that oppose the subpoena.

If you’re considering a Motion to Quash, please contact me. I’ve defended over 1,000 people against plaintiffs like Strike 3 Holdings, and have significant experience with Motions to Quash. I can help explain when they can be helpful, and when they could be potentially harmful. I work with a team of lawyers from across the country to make sure that we can serve you, no matter where you are. 

How I Can Help

The Plaintiff is often willing to settle or even dismiss the case when a defendant has an adequate defense. That’s why it’s so important to contact an experienced attorney right away. I can provide valuable information based on my years of experience fighting Strike 3. I work with a team of lawyers from across the country to help represent you, no matter which state you come from.

I’m happy to explain to you your options for defense and recommend the best way forward for your situation, whether it be watching and waiting, settling, a motion to quash, or a fighting in court.  I’ve represented more than 1,000 people across the country, and I focus my practice on defending against BitTorrent-based lawsuits. I’m very familiar with this Plaintiff and can give you individualized guidance for your case.

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Strike 3 Holdings Subpoenas Identities of 101 Internet Subscribers Across the Nation

In their latest filing, case 2020-027925-CC-05 in Miami-Dade County Court, Strike 3 has targeted 101 more Internet Subscribers that Strike 3 claims have committed copyright infringement by downloading Vixen, Tushy, or Blacked branded films through BitTorrent networks. In just one filing, they’ve asked for subpoenas to Century Link, Cox, Frontier, Google Fiber, Optimum Online, RCN, and Wave Broadband, to force the ISPs to reveal their clients’ identities. Once the court grants the subpoena, the ISP is obligated to respond unless the defendant files a Motion to Quash (i.e., a motion to cancel the subpoena).

Once Strike 3 has the internet subscriber’s identity, they will usually sue an adult male in the household claiming that he must be the infringer. These Federal lawsuits are serious and can have damages of at least $750 per infringement. This can make a typical Strike 3 Holdings case worth $10,000s, if not $100,000s in damages. These cases shouldn’t be ignored.

Given the serious nature of the allegations, many defendants want to pursue a Motion to Quash. This is understandable, and there are some valid arguments while the case remains in Florida county court, such as arguing that the court doesn’t have jurisdiction over copyright matters, nor over non-Florida residents. However, this might not be the end of the case, as Strike 3 frequently files Federal lawsuits against those that oppose the subpoena.

If you’re considering a Motion to Quash, please contact me. I’ve defended over 1,000 people against plaintiffs like Strike 3 Holdings, and have significant experience with Motions to Quash. I can help explain when they can be helpful, and when they could be potentially harmful. I work with a team of lawyers from across the country to make sure that we can serve you, no matter where you are. For example, in the present case, Strike 3 subpoenaed identities of people from California, Texas, Virginia, Arizona, Washington, Nevada, New York, New Jersey, Maryland, Colorado, and Connecticut (to name a few).

The Plaintiff is often willing to settle or even dismiss the case when a defendant has an adequate defense. That’s why it’s so important to contact an experienced attorney right away. I can provide valuable information based on my years of experience fighting Strike 3.

I’m happy to explain to you your options for defense and recommend the best way forward for your situation. I’ve represented more than 1,000 people across the country, and I focus my practice on defending against BitTorrent-based lawsuits. I’m very familiar with this Plaintiff and can give you individualized guidance for your case.

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Strike 3 Holdings Branches Out to Include New ISPs in their Copyright Scheme

Strike 3 Holdings is currently the most prolific copyright Plaintiff in the country. They usually follow a very particular script, suing John Does only identified by an IP address, alleging that the internet subscriber behind the IP address committed copyright infringement by downloading Vixen, Blacked, or Tushy films through BitTorrent networks. They then get a subpoena for the name of the internet subscriber, so they can sue that person in Federal court, where they could be awarded at least $750 per infringement in statutory damages.

However, it appears Strike 3 Holdings is attempting to widen their net and sue IP addresses from Internet Service Providers and states that they normally don’t focus on. For years, their subpoenas were usually to the most prominent internet providers like AT&T, Comcast, Cox, and Verizon. However, they have recently begun to target smaller or more local internet providers. For example, just in case 2020-027181-CC-05 in Miami-Dade County Court, Strike 3 asked for subpoenas to:

  • Armstrong Cable
  • Atlantic Broadband
  • Cascadelink
  • Clarksville Department of Electricity
  • Condointernet.net
  • Grande Communications
  • Hawaiian Telcom
  • Longmont Power & Communications
  • Mediacom Cable
  • netBlazr
  • Opticaltel
  • PenTeleData
  • Sonic.net
  • Sparklight
  • Suddenlink Communications
  • Summit Broadband
  • TDS Telecom
  • US Internet
  • WideOpenWest
  • Windstream Communications

Although some of these internet providers are certainly larger and more recognizable, this is far more diverse than Strike 3’s usual focus. The IP addresses have been geolocated to states including Arizona, California, Colorado, Florida, Hawaii, Illinois, Massachusetts, Michigan, Minnesota, North Carolina, Oregon, Pennsylvania, Tennessee, Utah, and Washington. This wide range of states is why I work with a team of lawyers from across the country to provide the best defense, regardless of the state you live in.

It’s unclear what prompted this change, but some of the alleged infringements are a couple years old, meaning they have been tracking these subscribers long-term. This could mean Strike 3 is ramping up their lawsuit mill scheme and expanding to encompass subscribers from ISPs and states they normally ignore.

Most people discover that they are under threat of being sued only after they receive a notice from their ISP, which advises them that the only way to fight the release of their identity is through a Motion to Quash (i.e., a motion to cancel the subpoena). Although Motions to Quash in Florida state court can be successful, Strike 3 will often pursue the case in Federal court, meaning a Motion to Quash may not end the case. 

If you’re considering a Motion to Quash, please contact me. I’ve defended over 1,000 people against plaintiffs like Strike 3 Holdings and have significant experience with Motions to Quash. I can help explain when they can be helpful, and when they could be potentially harmful. 

This Plaintiff is notoriously aggressive, and sees each infringement as worth at least $750 in statutory copyright damages. Strike 3 Holdings cases, if lost in court, could easily cost $10,000s, or even $100,000s. 

The Plaintiff is often willing to settle for less or even dismiss the case when a defendant has an adequate defense. That’s why it’s so important to contact an experienced attorney right away. I can provide valuable information based on my years of experience fighting Strike 3.

I’m happy to explain to you your options for defense and recommend the best way forward for your situation. I’ve represented more than 1,000 people across the country, and I focus my practice on defending against BitTorrent-based lawsuits. I’m very familiar with this Plaintiff and can give you individualized guidance for your case.

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Strike 3 Continues to File Federal Lawsuits Across the Country

Strike 3 Holdings is one of the most prolific filers of copyright infringement cases, requesting thousands of identities of anonymous internet subscribers through subpoenas to internet service providers (e.g., Atlantic Broadband, Comcast, Cox, Charter, Frontier, Spectrum, RCN, etc.). They claim their investigators have observed various IP addresses downloading Strike 3’s films (marketed under the Tushy, Vixen, and Blacked brands) through BitTorrent networks.

However, filing a Federal lawsuit against each subscriber is costly. Recently, they’ve started to request dozens – sometimes more than 100 – identities at a time using a Bill of Pure Discovery, filed in Miami-Dade Florida. Many people first find out about the case when they receive a notice of the subpoena through their ISP, and are told about a Motion to Quash. This is a a type of motion to cancel or “quash” the subpoena. The case for a Motion to Quash is strong in Florida, particularly because state courts do not have jurisdiction over copyright matters, and because most of the subscribers are not Florida residents.

Strike 3 has typically dismissed the case against anyone who files a Motion to Quash in Florida state court, but it appears this is only a temporary reprieve, as they are now filing dozens of Federal lawsuits, including against people who were dismissed from a former Miami-Dade lawsuit.

Strike 3 has already filed 23 Federal cases in October alone,  meaning they’re filing an average of 2 per day. They’ve filed across the country, including California (8 cases), Illinois (1 case), Florida (3 cases), Maryland (9 cases), Michigan (1 case), and New York (1 case).

The argument for a Motion to Quash is more complex in Federal cases as the case is often filed in the correct jurisdiction. If you’re considering a Motion to Quash, please contact me. I’ve defended over 1,000 people against Plaintiffs like Strike 3 Holdings and have significant experience with Motions to Quash. I can help explain when they can be helpful and when they could potentially be harmful. I work with a team of lawyers across the country to provide the best defense, no matter where you are.

Strike 3 Holdings is notoriously aggressive in pursuing each case, and each allegation is serious. The Plaintiff sees each infringement as worth at least $750, which they often ask to treble to $2,250 for what they see as “willful infringement”. Strike 3 Holdings cases, if lost in court, could easily cost $10,000s, or even $100,000s. However, the Plaintiff is often willing to settle for less or may even dismiss the case when a defendant puts up an adequate defense. This is why it’s so important to contact an experienced attorney right away.

If you’ve received a notice from your internet service provider, please contact me. I can explain your options for defense and recommend the best way forward for your situation. I’ve represented more than 1,000 people across the country, and focus my practice on defending against BitTorrent based lawsuits. I’m very familiar with this Plaintiff and can give you individualized guidance for your case.

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Strike 3 Seeks Almost 150 Identities in Florida Case

Strike 3 Holdings is at it again, this time requesting nearly 150 identities through an obscure type of lawsuit called a Bill of Pure Discovery in Florida’s Miami-Dade County Court. Strike 3 argues that their investigators have captured a list of IP addresses that were observed downloading their films (branded under Vixen, Tushy, and Blacked) through BitTorrent networks. They then ask the court to provide a subpoena for the internet service provider (e.g., Atlantic Broadband, Cox, Frontier, Hotwire, Optimum Online, PenTeleData, RCN, San Bruno Cable, Webpass, Ziply Fiber, etc.) to provide the name of the subscriber behind the IP address. They then make the leap that the subscriber must be the copyright infringer and sue the subscriber in Federal court.

Although the lawsuit was filed in Florida, only a minority (22 IP addresses) are actually geolocated to Florida. The rest are from across the country, including New York (31), Arizona (20), California (20), Nevada (11), Massachusetts (8), Texas (7), New Jersey (6), Connecticut (5), Virginia (4), Illinois (4), Pennsylvania (2), Washington, DC (2), Colorado (2), Maryland (1), Nebraska (1), and Washington (1). I’ve represented people from across the country, am admitted to several Federal courts, and have a network of local counsel to help.

However, don’t let the number of defendants make you think that Strike 3 may forget about you. They are notoriously aggressive in pursuing each case, and each allegation is serious. IP addresses in this case are linked to between 24 and 205 infringements. The Plaintiff sees each infringement as worth at least $750, which they often ask to treble to $2,250 for what they see as “willful infringement”. Thus, the cases listed here could reasonably be worth between more than $54,000 to more than $460,000 in statutory damages. However, the Plaintiff is often willing to settle for less or may even dismiss the case when a defendant puts up an adequate defense.

Many subscribers first learn about the lawsuit when they’re notified through their ISP, which often mention Motions to Quash. When cases are filed in Florida’s county court, it’s possible to argue that the court doesn’t have subject matter jurisdiction (as copyright is supposed to be handled in Federal courts). For non-Florida residents, we can also argue that there’s no personal jurisdiction either.

However, Strike 3 routinely refiles their case against defendants in the correct Federal court and asks for the subpoena information again. This means that for some, a Motion to Quash is just a delaying tactic and doesn’t bring an end to the case. If you’re considering a Motion to Quash, please contact me so I can explain in which circumstances I advise it and when I believe it will actually cost you more.

If you’ve received a notice from your internet service provider, please contact me. I can explain your options for defense and recommend the best way forward for your situation. I’ve represented more than 1,000 people across the country, and focus my practice on defending against BitTorrent based lawsuits. I’m very familiar with this Plaintiff and can give you individualized guidance for your case.

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Strike 3 Holdings Uses New Tactics to Subpoena 650+ Identities

Since February, Strike 3 Holdings has asked a Florida Miami-Dade County court for subpoenas for more than 650 internet subscriber identities from AT&T, Comcast, Cox Communications, Optimum Online, Spectrum, and Verizon.  They’re using an obscure provision under state law called a Bill of Pure Discovery However, these subpoenas are on very shaky ground. Strike 3’s claims fall under copyright law, which is under Federal jurisdiction. The second issue is that most of the IP addresses are not located within Florida. This means that someone who has never been to Florida, didn’t commit any copyright infringement in Florida, and has no business there, can still have their identity subpoenaed through a Florida court.

Strike 3 Holdings was once known for filing thousands of John Doe copyright infringement lawsuits against individual IP addresses in Federal court. They typically allege that their investigators observed the IP address downloading Strike 3’s movies (marketed under the brands Vixen, Tushy, and Blacked) through BitTorrent networks. However, an IP address is not a person, so they would file motions for early discovery to allow them to subpoena an internet subscriber’s identity from the ISP. However, this was expensive. Each lawsuit cost $400 to file and the subscriber information they received may have meant they couldn’t reasonably pursue a copyright case (e.g., if the subscriber was a coffee shop).

By filing in county court, they can subpoena hundreds of identities for a few hundred dollars. If anyone tries to challenge the legitimacy of the case through a Motion to Quash, Strike 3 dismisses those IP addresses from the case. However, that may not be the end of the case for that individual. If you’ve received a notice that your identity has been subpoenaed, please contact us so we can explain the benefits and risks of filing a Motion to Quash.

These cases are serious. Statutory copyright infringement damages are often calculated at $2,250 per infringement. We have experience defending against these new tactics and will be able to help explain what the case means, your options for defense, and recommend the best path forward for you.

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