Illinois

January 2, 2019 by Leonard J. French

Malibu Media and Strike 3 Holdings File 30 More Cases in Illinois

Reddit user /u/beardfearer may fear beards, but not copyright notices The holidays have been busy for file-sharing lawsuits in Illinois as Malibu Media and Strike 3 Holdings have filed 30 more copyright cases. In December, Strike 3 Holdings filed 8 more BitTorrent cases, while Malibu Media filed 22 cases on Christmas Eve and Boxing Day. This has been a record breaking year for both companies. Since January, Malibu Media has filed more than 150 suits in Illinois while Strike 3 Holdings has filed more than 100 cases. Both companies are notorious mass-filers of copyright suits across the country, suing “John Doe” internet subscribers, identified only through their IP addresses.

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 observed 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.

Often, a defendant first discovers the lawsuit when are informed by 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 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.

November 29, 2018 by Leonard J. French

Strike 3 Holdings Continue their Record Breaking Year by Filing 7 More Cases in Illinois

Reddit user /u/beardfearer may fear beards, but not copyright notices Strike 3 Holdings continues their record breaking year by filing 7 more bittorrent-based file sharing lawsuits in Illinois. This year alone, they have filed more than 1900 lawsuits across the country. More than 100 of those are in Illinois alone.

The reason why one company can be so prolific is because every lawsuit is almost identical. Each defendant is an unnamed internet subscriber, known as a John Doe. Strike 3 alleges an investigative company has observed each IP address contributing to downloading and sharing their copyrighted adult films, marketed under the Vixen, Tushy, Blacked, and Blacked Raw brands.

Once the lawsuit is filed, Strike 3 Holdings asks to subpoena the internet service provider (ISP) in order to get the name of the account holder of the IP address. Internet subscribers usually first find out about the lawsuit when they receive a notice of the subpoena from their ISP stating they need to file a Motion to Quash in order to stop the release of their information.

Although downloading through BitTorrent may feel commonplace, the lawsuits against alleged downloaders are serious and represent potentially thousands of dollars in damages per infringement. When multiple infringements are alleged, damages granted by the court can easily escalate into 10’s or 100’s of thousands of dollars. This makes an early and effective defense against these suits all the more important. For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.

November 20, 2018 by Leonard J. French

Malibu Media and Strike 3 Holdings File 60+ New Lawsuits within a Week

Reddit user /u/beardfearer may fear beards, but not copyright notices Malibu Media and Strike 3 Holdings seem to be making up for their reduced filings in October by filing more than 60 BitTorrent file-sharing lawsuits across the country. Malibu Media has filed 14 cases in Illinois, 7 in Michigan, and 8 in Texas. Strike 3 Holdings filed 21 cases in California and 11 in Illinois. They are able to do this because each lawsuit is essentially the same with only the identified IP address and the list of alleged infringements differing.

Both companies file similar lawsuits. They allege that they have hired investigators to monitor BitTorrent traffic and record IP addresses that contribute to the downloading and sharing of the Plaintiffs’ copyrighted films. They then sue the internet subscriber as a John Doe and subpoena the identity of the subscriber from the internet service provider (ISP). The subscribers usually first find out about the lawsuit when they receive a notice of the subpoena from their ISP stating they need to file a Motion to Quash in order to stop the release of their information.

Recently, more judges are taking note of the overwhelming number of cases, representing more than half the copyright lawsuits in the country. Yet, scant evidence is presented in each filing, making it easier to mass file.

Illinois

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