Torrent Lawsuit Defense

Maryland

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Strike 3 Holdings Hits Maryland with 10 More BitTorrent Copyright Cases

Reddit user /u/beardfearer may fear beards, but not copyright noticesStrike 3 Holdings has had a very busy start to the New Year, filing more than 100 new cases across New York, Michigan, Virginia, Maryland, and Illinois. Of these, 10 have been filed in Maryland. Last year, Strike 3 Holdings filed more than 2,000 cases across the country, including approximately 100 in Maryland.

The reason this Plaintiff can file so many lawsuits is because each one is nearly identical and alleges that an overseas investigator recorded an IP address downloading and sharing Strike 3 Holdings’ copyrighted adult films through BitTorrent networks. Strike 3 Holdings owns the rights to the Tushy, Vixen, Blacked, and Blacked Raw brands.

Strike 3 Holdings sues each unnamed internet subscriber as a “John Doe”, identified only through an IP address. It then requests the courts to grant a subpoena compelling the subscriber’s internet service provider (ISP) to provide the customer’s identity. Once identified, Strike 3 Holdings names the subscriber as the Defendant and serves them with a summons. The complaint must be answered in court or the Defendant could face a default judgement against them, which can represent $1,000s in damages per infringement.

Often, a subscriber first discovers the lawsuit when they receive a letter from their ISP notifying them of the subpoena and the date their identity will be released. The letter mentions the possibility to file a Motion to Quash – a formal request to the courts to stop (or “quash”) the subpoena. 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. If a subscriber wishes to remain anonymous, it is important to secure representation early on. This can provide more options to protect your identity and fight the allegations.

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Malibu Media Files 9 More BitTorrent Lawsuits in Maryland

Reddit user /u/beardfearer may fear beards, but not copyright noticesIn just one day, Malibu Media filed another 9 BitTorrent-based lawsuits in Maryland. This has been a record breaking year for the company. In Maryland alone, they have filed almost 100 file-sharing lawsuits. They are a notorious for these cases, filing more than 1,000 lawsuits across the country this year alone.

They claim to hire overseas investigators to monitor BitTorrent activity and record any IP addresses that allegedly download or share their adult films, marketed under the X-Art brand. The Plaintiff then sues the IP address as a “John Doe” and gets a subpoena to force the Internet Service Provider (ISP) to reveal the subscriber associated with that IP address. Once they have an identity, they will name the subscriber and try to serve them with the lawsuit. Importantly, the subscriber may not even be the one to download the films.

Often, a defendant first discovers the lawsuit when they receive a letter from their ISP notifying them of 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 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.

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Strike 3 Holdings File 17 More File Sharing Lawsuits in Maryland

Reddit user /u/beardfearer may fear beards, but not copyright noticesStrike 3 Holdings has filed 17 new copyright lawsuits in Maryland. 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 Strike 3 Holdings’ adult films through BitTorrent. They own the rights to Vixen, Tushy, Blacked, and Blacked Raw.

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 connected to 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.

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Malibu Media and Strike 3 Holdings Restart their Rapid Pace of Filing Across the Country

Reddit user /u/beardfearer may fear beards, but not copyright noticesMalibu Media and Strike 3 Holdings slowed their rate of filing new lawsuits in October but are picking up their pace again. In September, Malibu Media filed more than 160 new BitTorrent file sharing lawsuits, yet filed only 10 in October. Strike 3 Holdings followed a similar pattern, filing more than 340 cases in September and 38 in October.

Any hope that Malibu Media were slowing down long term seems to be fading as they have filed 34 cases in the first two weeks of November. Strike 3 Holdings has remained relatively quiet by only filing 4 new cases in November.

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.

Although downloading through BitTorrent may feel commonplace, the lawsuits against alleged downloaders are serious and represent thousands of dollars in damages per infringement. When multiple infringements are alleged, damages granted by the court can easily escalate into 10s or 100s of thousands of dollars. This makes an early and effective defense against these suits all the more important.

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69 More Lawsuits from Strike 3 Holdings and Malibu Media

Reddit user /u/beardfearer may fear beards, but not copyright noticesStrike 3 Holdings and Malibu Media are continuing to blanket the country in BitTorrent-based file sharing lawsuits, this time in California, Illinois, Maryland, Michigan, New Jersey, New York, and Pennsylvania. Strike 3 Holdings has been particularly busy, filing 17 cases in California, 7 in Illinois, 16 in Maryland, and 5 in New York. Malibu Media has also filed 9 new cases in Michigan, 5 in New Jersey, and 10 in Pennsylvania.

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).

Although downloading through BitTorrent may feel commonplace, the lawsuits against alleged downloaders are serious and represent thousands of dollars in damages per infringement. When multiple infringements are alleged, damages granted by the court can easily escalate into 10s or 100s of thousands of dollars. This makes an early and effective defense against these suits all the more important.

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Malibu Media and Strike 3 Holdings File 140 More BitTorrent Lawsuits

Reddit user /u/beardfearer may fear beards, but not copyright noticesMalibu Media and Strike 3 Holdings continue to blanket the country in copyright lawsuits against John Doe internet subscribers they allege downloaded their copyrighted material through BitTorrent networks. September has already seen 83 lawsuits filed by Malibu Media and another 57 by Strike 3 Holdings. Malibu Media has filed 5 lawsuits in Connecticut, 8 in Maryland, 16 in Michigan, 11 in New Jersey, 22 in New York, 13 in Pennsylvania, 8 in Texas, and 8 in Virginia. During the same time period, Strike 3 Holdings filed 8 lawsuits in Connecticut, 6 in Florida, 9 in Illinois, 24 in Michigan, and 10 in New York.

Although Malibu Media and Strike 3 Holdings are separate companies that own separate brands (Malibu Media owns the rights to X-Art brand films and Strike 3 Holdings owns rights to Tushy, Vixen, Blacked, and Blacked Raw), the two Plaintiffs are very similar in their approach. They begin by identifying an IP address they claim participated in downloading and sharing of their films through Bittorrent and then sue the unnamed account holder as a John Doe. As they only have an IP address, they ask the courts to subpoena the defendant’s identity from the Internet Service Provider (ISP) so the defendant can be formally served.

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