Michigan

January 24, 2019 by Leonard J. French

Strike 3 Holdings File 14 More Cases in Michigan

Reddit user /u/beardfearer may fear beards, but not copyright notices It may be a new year, but Strike 3 Holdings is continuing its old tactics. On January 19 and 21st, Strike 3 Holdings filed 14 new BitTorrent copyright cases in Michigan. Last year, Strike 3 Holdings filed more than 100 complaints in Michigan alone, with the majority of complaints being filed between September and December.

Each complaint is nearly identical and alleges that an IP address was recorded downloading and sharing Strike 3 Holdings’ copyrighted adult films through BitTorrent networks. Its films are marketed under the Tushy, Vixen, Blacked, and Blacked Raw brands.

This Plaintiff sues each unnamed internet subscriber as a “John Doe”, identified only through an IP address. They then ask the court’s permission to subpoena the internet service provider (ISP) and compel it to reveal the subscriber’s identity. Strike 3 Holdings uses the identity to serve the Defendant with a summons that must be answered in court or the Defendant could face a default judgement against them.

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. A Motion to Quash is 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 to the subpoena. If a subscriber wishes to remain anonymous, it is important to secure representation without delay. This provides more options to protect your identity and fight the allegations.

January 6, 2019 by Leonard J. French

Michigan Hit with 37 New File Sharing Lawsuits by Malibu Media and Strike 3 Holdings

Reddit user /u/beardfearer may fear beards, but not copyright notices Malibu Media and Strike 3 Holdings have filed 37 new lawsuits in Michigan, adding up to more than 300 file-sharing lawsuits filed in Michigan in 2018. In December alone, Malibu Media has filed 10 lawsuits and Strike 3 Holdings has filed 27. Both companies are notorious for these copyright lawsuits against internet subscribers whose IP addresses were allegedly observed downloading and sharing the Plaintiffs’ films through BitTorrent.

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 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 a court subpoena to force the Internet Service Provider (ISP) to provide the identity of the subscriber. They then name the subscriber as the defendant, whether or not the subscriber was the one to download the films.

Usually the defendant first finds out about the lawsuit when they receive a notice from their ISP about the subpoena and the need to file a motion to quash to stop it. 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 by these Plaintiffs 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 26, 2018 by Leonard J. French

Michigan Hit by 17 Strike 3 Holdings Lawsuits

Reddit user /u/beardfearer may fear beards, but not copyright notices Strike 3 Holdings filed 17 new copyright infringement lawsuits in Michigan on November 20th and 23rd. Each lawsuit is nearly identical and alleges unnamed internet subscribers, known as John Does, have illegally downloaded Strike 3 Holdings’ copyrighted films through BitTorrent networks. Once the lawsuit is filed, Strike 3 Holdings will ask 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.

Michigan

Footer