Maryland

July 19, 2020 by Leonard J. French

Strike 3 Holdings Demands Nearly 300 Identities

Strike 3 Holdings seems to have no shortage of potential defendants to their BitTorrent-based piracy lawsuits. On July 7th and 8th, Strike 3 Holdings filed 3 lawsuits with a total of 287 IP addresses identified from Atlantic Broadband, AT&T U-verse, Optimum Online, Spectrum, RCN, Comcast, and Webpass. Each IP address could become a defendant in a Federal copyright lawsuit if Strike 3 Holdings decides to pursue the case in court. They own the rights to the Vixen, Tushy, and Blacked brands of adult films and are prolific filers of copyright infringement lawsuits.

These subpoenas are serious and the first step in initiating a Federal lawsuit. Typically Strike 3 Holdings has investigators that monitor an IP address for months or even years, documenting every BitTorrent download. They typically wait until enough infringements have accrued from an IP address to be worth significant damages. In the 3 most recent lawsuits, the number of alleged infringements ranged from 25 to 383. The Plaintiff sees each infringement as worth $750 in statutory damages, which they may ask the court to treble to $2,250 for “willful” infringement. These are very expensive cases to lose in court.

Normally, Strike 3 would have to file a Federal lawsuit against each individual IP address, however, they have shifted strategy and are now using an obscure type of complaint in Florida’s Miami-Dade county court called a Bill of Pure Discovery. Many defendants are tempted to file Motions to Quash in order to protect their identities from being released, arguing that the Miami-Dade court is not the proper venue for copyright actions nor for defendants outside of Florida. For example, these 3 most recent lawsuits contain IP addresses geolocated to California, Michigan, Illinois, Maryland, New York, New Jersey, Pennsylvania, Connecticut, and Virginia, in addition to Florida. However, Strike 3 doesn’t seem to stop going after defendants that ask for a Motion to Quash and simply refile the lawsuit in Federal court and become more aggressive.

Sometimes, filing a Motion to Quash is still advantageous. I’ve defended hundreds of cases against Strike 3 Holdings across the country, both in negotiating settlements and litigating in court. If you’ve received a notice from Comcast Communications and you’re considering a Motion to Quash, settling, or fighting in court, please call us at 888.801.8681 or email. Please have your case number and IP address ready. We’re happy to explain your options for defense and recommend the best way forward.

June 10, 2020 by Leonard J. French

Strike 3 Holdings’ New Tactics to Get Internet Subscriber Identities

For several years, Strike 3 Holdings was one of the most prolific filers of Federal copyright infringement claims, especially against “John Doe” Defendants, identified only by an IP address. They would then file a motion for early discovery to serve a subpoena on an internet service provider, such as Comcast, to get the identity of the Defendant who they claim downloaded their films (marketed under the brands Vixen, Tushy, and Blacked) through bittorrent networks. However, each Federal lawsuit filed cost them hundreds of dollars and not all subpoenas led to a Defendant they could move forward with a lawsuit against (e.g., a coffee shop). A growing number of Federal judges were scrutinizing these subpoenas and Strike 3 was being forced out of more and more courts.

It now appears that Strike 3 Holdings is cutting costs and avoiding Federal oversight by applying for dozens and dozens of subpoenas at once in Miami-Dade county court in Florida through a little-known type of complaint known as a Bill of Pure Discovery. Despite the fact that Florida county court doesn’t have jurisdiction over copyright claims or most of the subscribers identified, Strike 3 has been able to get approval for hundreds of subpoenas for internet subscriber identities. For example, on June 3, Strike 3 filed for 94 identities from across the country, including subscribers in California, Connecticut, Maryland, New Jersey, Pennsylvania, and Virginia.

Once Strike 3 Holdings has the identity of a subscriber, they demand a settlement carefully calculated to be just below the amount of an effective defense. If a settlement isn’t offered promptly, they file a Federal lawsuit against the subscriber. Strike 3 also waits until each IP address is accused of dozens of infringements. Each infringement is worth, at minimum, $750 in statutory damages, meaning many of these cases could result in tens or even hundreds of thousands of dollars if the Defendant lost in court. For example, the complaint from June 3 alleged 28 – 249 infringements per IP address. This means at minimum, each Defendant could be liable for between $21,000 – $186,750 in statutory damages. These lawsuits are serious and Strike 3 is notoriously aggressive.

Many defendants have fought Strike 3 subpoenas by filing Motions to Quash (a request to cancel the subpoena) and are successful at first, as Strike 3 will drop the Defendant from that case. However, this may not be the end. Strike 3 Holdings can become more aggressive after seeing resistance and seem to be willing to file Federal lawsuits in the correct jurisdiction in order to get an identity and sue.

May 9, 2020 by Leonard J. French

Strike 3 Holdings Subpoenas 278 Identities in California, Texas, New Jersey, and Maryland

Strike 3 Holdings has ramped up their efforts to uncover internet subscriber identities in order to demand settlements for alleged copyright infringement. They’ve filed three new Bills of Pure Discovery in Miami-Dade County court in Florida, listing a total of 278 IP addresses, with most of these subscribers from California (217) and Texas (61), although there were some located in New Jersey (3) and Maryland (5). The cases were directed at Comcast, Spectrum, and AT&T internet subscribers. Common cities targeted in California were Los Angeles, San Diego, San Francisco, and San Jose. Common cities targeted in Texas included Houston and Dallas.

Strike 3 submits nearly identical filings in each case, claiming that the subscribers behind the listed IP addresses have infringed on their copyrights by downloading Vixen, Tushy, and Blacked branded films through BitTorrent networks. They then ask the Miami-Dade County Court for relief in the form of subpoenas to uncover the subscriber’s identity. They then use this information to file Federal copyright lawsuits across the country if a settlement isn’t offered.

This is a new strategy. Previously, Strike 3 filed individual Federal lawsuits against each IP address. However, this was expensive, time consuming, and many cases didn’t result in a settlement. By asking a Miami-Dade court for subpoenas, they can ask for hundreds of identities at once, avoid the oversight of Federal courts, save money, and speed up the pace of demanding settlements.

If you have received a notice from your ISP that Strike 3 has subpoenaed your identity, don’t hesitate to contact us. We can explain what the case means, your options for defense, and what we recommend in your situation. We focus on exactly this type of litigation and have defended people across the country. Please be ready with your case number and IP address associated with your case.

One option is to file a Motion to Quash, which is a way to ask the court to cancel the subpoena. Without a Motion to Quash, your ISP is required to release your identity. Motions to Quash in Miami-Dade court generally argue a lack of jurisdiction because copyright cases belong in Federal courts in the district where the subscriber lives. However, filing a Motion to Quash in Florida may not be the end of the case and Strike 3 can become more demanding, filing a Federal lawsuit in the correct district to get their subpoena. In California, Federal Motions to Quash have had mixed results. If you are considering a Motion to Quash, please contact us without delay so we can explain the benefits and risks.

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.

Maryland

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