Colorado

December 1, 2020 by Leonard J. French

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.

October 12, 2020 by Leonard J. French

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.

October 4, 2020 by Leonard J. French

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.

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.

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