Colorado

April 30, 2020 by Leonard J. French

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.

January 30, 2020 by Leonard J. French

Strike 3 Holdings Sues for More than 300 Identities

Although it appeared that Strike 3 Holdings was slowing down how many Federal lawsuits it was filing, it’s actually increasing the speed at which it is trying to discover identities of internet subscribers it alleges have downloaded its films through BitTorrent networks. From November 20, 2019 to January 27, Strike 3 requested the identities of more than 300 subscribers.

Strike 3 owns the rights to Vixen, Tushy, and Blacked branded adult films. It hires investigators to monitor BitTorrent traffic and record IP addresses that download and share its films. Previously, it filed Federal lawsuits against the IP addresses, looking for a settlement in order to dismiss the case. However, each case filing was at the cost of $400 in court fees alone. It would have cost more than $120,000 in filing fees alone.

Now, it’s been filing cases in Florida’s Miami-Dade county court for a Bill of Pure Discovery – a way to ask for subpoenas for the identities of dozens of people at once, with very little court oversight.

This is when most people become aware of the case against them. They receive a notice from their Internet Service Provider (e.g., AT&T, Comcast, Frontier, Optimum Online, Spectrum, etc.) stating that Strike 3 has subpoenaed the account holder’s identity. The notice will often state that the subscriber may file a Motion to Quash in order to block the subpoena.

If you have received one of these notices, please call us for more information. 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.

June 22, 2019 by Leonard J. French

Strike 3 Holdings files 88 Cases in Colorado, Maryland, New Jersey, and New York – Over Just 3 Days!

Important – If You’ve Received a Notice from Strike 3 Holdings – Read This!

On June 18, 19, and 20, Strike 3 Holdings filed 88 new lawsuits in Colorado (14 cases), Maryland (21 cases), New Jersey (28 cases), and New York (25 cases). Strike 3 Holdings owns the rights to Vixen, Tushy, and Blacked brand adult films and is known for suing individuals associated with an IP address they alleged downloaded their films through BitTorrent networks.

For any other type of Plaintiff, filing 88 lawsuits in 3 days would be a massive undertaking, however, Strike 3 Holdings can file so many lawsuits because each one is nearly identical. They allege their investigators observed an IP address repeatedly downloading the Plaintiff’s copyrighted works through BitTorrent networks and then sues each IP address for copyright infringement.

But, an IP address is just a unique identifier for an internet connection. In order to find the proper defendant, that is the person that actually infringed the Plaintiff’s copyright, the Plaintiff subpoenas the Internet Service Provider (e.g., Charter, Comcast, Optimum Online, RCN, Spectrum, Time Warner Cable, etc.) for the subscriber’s identity. Some judges have noted that it’s tenuous to equate the internet subscriber (the person that pays the bill) and the person who actually downloaded the material. After all, many homes have multiple people who use the same internet connection – sometimes even those without permission may access a poorly secured wifi connection. Some subscribers may not even live at the residence the internet is being provided for, such as with some landlords.

Yet, courts across the country have granted tremendous leeway to Strike 3 Holdings to allow them to get the identities of internet subscribers to try to find a person willing to pay a settlement. The settlement amounts are carefully calculated to be just below the cost of an effective defense.

Most subscribers find out about the lawsuit when they receive a notice from their Internet Service Provider (ISP) notifying them the ISP has received a subpoena from Strike 3 to discover the subscriber’s identity. The ISP is obligated to comply with the subpoena unless a Motion to Quash is filed. This is a court motion to void or “quash” the subpoena. However, Motions to Quash are complex in these cases as the subpoena is between the Plaintiff and the ISP, meaning the subscriber is a third party. I’m happy to discuss with you whether filing a Motion to Quash or alternative motions is advisable in your case.

If you’ve received one of these notices or have even been served with the lawsuit, it’s vital to retain counsel without delay. This Plaintiff is notoriously aggressive and an effective defense can help secure the best possible outcome for you. If you do not try to fight the subpoena, you may be served with the complaint – meaning you usually have 21 days to respond in Federal court or risk a default judgement. Default judgments typically involve ruling in the Plaintiff’s favor and awarding thousands of dollars in damages per infringement in addition to the Plaintiff’s legal fees and costs.

For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.

June 17, 2019 by Leonard J. French

Strike 3 Holdings Files 42 More Lawsuits in Colorado, Illinois, Maryland, Michigan, and Pennsylvania

Strike 3 Holdings has been filing lawsuits at a breakneck pace. The 9 cases in Colorado, 10 in Illinois, 4 in Maryland, 9 in Michigan, and 10 in Pennsylvania represent only a portion of the cases filed across the country. Each lawsuit is nearly identical. Strike 3 claims they hired investigators to monitor BitTorrent traffic for IP addresses they allege download and share Strike 3’s films. Strike 3 owns the rights to Vixen, Tushy, and Blacked. The Plaintiff then files a lawsuit against the subscriber the IP address belongs to.

Since the Plaintiff only has an IP address, they ask for a subpoena to find out the name of the internet subscriber the IP address belongs to. However, this is a tenuous connection. Many people, with and without permission, may have access to a person’s internet connection. Sometimes the subscriber doesn’t even live where the internet is being provided, such as when the subscriber is a landlord. There are numerous other reasons a subscriber may not be the one responsible for copyright infringement.

Most subscribers find out about the lawsuit when they receive a notice from their Internet Service Provider (e.g., Charter, Comcast, Optimum Online, RCN, Spectrum, Time Warner Cable, etc.) saying they have received a subpoena from Strike 3 Holdings to discover the subscriber’s identity. The ISP is obligated to comply with the subpoena unless a Motion to Quash is filed. This is a motion to void or “quash” the subpoena. However, Motions to Quash are complex in these cases as the subpoena is between the Plaintiff and the ISP, meaning the subscriber is a third party.

December 15, 2018 by Leonard J. French

Strike 3 Holdings Files 10 New Lawsuits in Colorado

Reddit user /u/beardfearer may fear beards, but not copyright notices In a seemingly never-ending stream of lawsuits, Strike 3 Holdings has filed another 10 file-sharing lawsuits in Colorado. They claim that each named IP address contributed to downloading or sharing the Plaintiff’s adult films, which are marketed under the brands Vixen, Tushy, Blacked, and Blacked Raw. Strike 3 Holdings is a notorious mass-filer of copyright suits and has been described as a copyright troll by Judge Lamberth of Washington, DC, who criticized Strike 3 Holdings for conducting a “high tech shakedown” and treating the court system “as an ATM.”

But how are these Plaintiffs able to file so many lawsuits across the country? One reason is because each lawsuit is virtually identical, with only the IP address and details of the observed infringements differing. They sue each IP address as a “John Doe” and then subpoena the internet service provider (ISP) to discover the name of the subscriber. Usually the defendant first finds out about the lawsuit when they receive a notice from their ISP about the subpoena and the possibility to file a motion to quash to stop the release of their identity. It is important to begin an effective defense at this stage. Securing representation early can provide you with more options to protect your identity and how to fight the allegations.

September 28, 2018 by Leonard J. French

Strike 3 Holdings and Malibu Media Continue to File Record Breaking Number of Cases

Reddit user /u/beardfearer may fear beards, but not copyright notices Strike 3 Holdings and Malibu Media continue to inundate Federal courts around the country with file-sharing lawsuits against individual, anonymous internet subscribers. In the past few days, Strike 3 Holdings has filed 62 copyright infringement lawsuits in California (29 cases), Colorado (9 cases), Illinois (6 cases), New York (6 cases), Pennsylvania (1 case), and Virginia (11 cases). Malibu Media has also filed 23 additional cases in Michigan (1 case), New Jersey (12 cases), and Texas (8 cases). This has been a record breaking year. So far, Strike 3 Holdings has filed more than 1700 lawsuits this year. Malibu Media is not far behind with more than 1000 cases.

Although different companies, both Strike 3 Holdings and Malibu Media have similar tactics in aggressively pursuing alleged downloaders of their adult films. Strike 3 Holdings owns the Blacked, Tushy, and Vixen brands. Malibu Media owns the X-Art brand. Both Plaintiffs begin by identifying an IP address they claim participated in downloading and sharing their films through Bittorrent networks and then sue the unnamed account holder as a John Doe. As they only have an IP address, they ask the courts to subpoena the defendant’s identity from the Internet Service Provider (ISP) so the defendant can be formally served.

Colorado

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