Connecticut

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 4, 2019 by Leonard J. French

Malibu Media and Strike 3 Holdings File Hundreds More Cases Across the Country

Since mid-April, Malibu Media and Strike 3 Holdings have filed more than 200 more BitTorrent based copyright lawsuits across the country. Despite Strike 3 Holdings’ lead counsel, Lincoln Bandlow, leaving the prestigious law firm Fox Rothschild, Strike 3 Holdings continues to blanket the country in lawsuits – including 30 in California, 10 in Connecticut, 5 in Maryland, 14 in Michigan, 26 in New Jersey, and 74 in New York. Malibu Media has also filed a slew of similar lawsuits – 4 in Connecticut, 1 in the District of Columbia, 10 in Illinois, 1 in Maryland, 10 in Michigan, 12 in New Jersey, 14 in New York, 6 in Pennsylvania, and 8 in Virginia.

The reason these companies are able to file so many lawsuits is in part because each lawsuit is nearly identical. The Plaintiffs each state they hire investigators to monitor BitTorrent network traffic and identify IP addresses associated with downloading the Plaintiff’s copyrighted films. Malibu Media owns the rights to X-Art, and Strike 3 Holdings owns the rights to Vixen, Tushy, and Blacked.

The Plaintiff sues the IP address and claim in order to serve the defendant with the complaint, they need to subpoena the Internet Service Provider (e.g., Charter, Comcast, Optimum Online, RCN, Spectrum, Time Warner Cable, etc.) to discover the identity of the subscriber. Of course, the internet subscriber may not be the person who downloaded the files and other people may, with or without permission, may use a subscriber’s internet connection.

Most people discover the lawsuit when they receive a notice from their ISP indicating that the Plaintiff has subpoenaed 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.

January 5, 2019 by Leonard J. French

Strike 3 Holdings and Malibu Media Say “Happy Holidays” by Filing 18 More Lawsuits in Connecticut

Reddit user /u/beardfearer may fear beards, but not copyright notices Strike 3 Holdings was busy on Christmas Eve, filing 16 new BitTorrent-based lawsuits in Connecticut. Malibu Media also filed two more of their own file-sharing lawsuits. Both companies have had a record breaking year, filing thousands of lawsuits across the country. In Connecticut alone, they have filed more than 150 cases this year. They are notorious mass-filers of copyright lawsuits, flooding courts across the country in hopes of receiving thousands of dollars in damages per case.

Strike 3 Holdings owns the rights to Vixen, Tushy, Blacked, and Blacked Raw while Malibu Media owns the rights to X-Art. Although different companies, they operate very similarly. They hire overseas investigators to monitor BitTorrent activity and record any IP addresses allegedly sharing the Plaintiffs’ films. The Plaintiff then sues the IP address as a “John Doe” and requests the court issue a subpoena to the Internet Service Provider (ISP) so the subscriber can be identified and served with the complaint, even if the subscriber was not the actual infringer.

Often, a defendant first discovers the lawsuit when they receive a notice from their ISP about the subpoena and the possibility to file a motion to quash. 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.

Although each lawsuit is similar, every case represents potentially thousands of dollars in damages per infringement if not properly defended against. These companies invest money into each case and hope to maximize the damages for their financial benefit. These notices are serious. If you do not respond, the ISP is obligated to provide your identity to the Plaintiff, which allows them to serve you with a summons and complaint. Once you are served, you typically have 21 days to respond in Federal court.

Connecticut

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