What this Miami-Dade County Court Lawsuit Means
On December 28, 2020, Strike 3 Holdings filed a case (2020-031043-CC-05), in Miami-Dade County Court, this time to ask for subpoenas for 104 internet subscribers from across the country. They requested information from a variety of internet providers including: CenturyLink, Clarksville Department of Electricity, Cox, Frontier, Google, Grande Communications, Hawaiian Telcom, Optimum Online, RCN, Sonic.net, Suddenlink Communications, Wave Broadband, Webpass, WideOpenWest, and Windstream Communications. Strike 3 claims they documented 104 IP addresses committing copyright infringement by downloading Vixen, Tushy, or Blacked branded films through BitTorrent networks.
How Can Strike 3 Sue So Many People from Across the Country, in Miami-Dade, Florida?
Strike 3 uses 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 (ISP) for the identities of the internet subscribers behind each IP address.
Once the court grants the subpoenas, 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.
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 where you are.
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.