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Strike 3 Holdings Files 18 New Cases in New Jersey

Strike 3 Holdings has filed another 18 cases in New Jersey. It seems they are only becoming more efficient at filing cookie cutter lawsuits across the country, demanding thousands in settlement payments from internet subscribers.

Strike 3 Holdings owns the rights to the adult film brands Tushy, Vixen, Blacked, and Blacked Raw. They use overseas investigators to record IP addresses associated with downloading and sharing the Plaintiff’s films. Once an IP address has been observed downloading multiple films, the Plaintiff then sues the alleged infringer as a “John Doe”. They then subpoena the internet service provider (e.g., Comcast, Verizon, Optimum Online, Time Warner, etc.) and compel them to identify the subscriber behind the IP address. The Plaintiff typically names the subscriber as the Defendant and then serves them with a summons and complaint.

Often, a subscriber first learns the lawsuit when they receive a letter from their ISP notifying them of the subpoena and the ISP’s obligation to release their identity unless the subscriber files a Motion to Quash – a 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 as soon as possible.

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Pennsylvania Flooded by 20+ File Sharing Lawsuits by Malibu Media and Strike 3 Holdings

The new year has brought new BitTorrent-based copyright lawsuits by Malibu Media and Strike 3 Holdings. Pennsylvania has been flooded with more than 20 new cases with Malibu Media filing 7 new cases on January 8 and Strike 3 Holdings filed 14 more on January 22 and 23. These two notorious copyright Plaintiffs are different companies (Malibu Media owns the X-Art brand and Strike 3 Holdings owns Tushy, Vixen, Blacked, and Blacked Raw) but operate very similarly. Both allege an overseas investigator recorded an IP address downloading and sharing the Plaintiff’s copyrighted adult films.

Once an IP address has been observed downloading multiple films, the Plaintiff files a lawsuit against the alleged infringer as a “John Doe”. They then subpoena the internet service provider (e.g., Comcast, Verizon, Optimum Online, Time Warner, etc.) and compel them to identify the subscriber the IP address was assigned to. The Plaintiff typically names the subscriber as the Defendant and then serves them with a summons and complaint.

Often, a subscriber first learns 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 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 as soon as possible.

[Read more…] about Pennsylvania Flooded by 20+ File Sharing Lawsuits by Malibu Media and Strike 3 Holdings

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12 More BitTorrent Lawsuits Filed in Illinois by Strike 3 Holdings

Strike 3 Holdings continues to flood the courts across the country with more BitTorrent-based file-sharing lawsuits. They have filed 12 more lawsuits in Illinois alone. Last year, this Plaintiff filed more than 2,000 cases across the country.

Each case is nearly identical. Strike 3 Holdings alleges that an overseas investigator documented an IP address downloading and sharing the Plaintiff’s adult films (marketed under the Tushy, Vixen, Blacked, and Blacked Raw brands). The Plaintiff then sues each unnamed internet user as a “John Doe”, identified only through an IP address. They then subpoena the internet service provider (ISP) responsible for the IP address (e.g., Verizon, Comcast, Optimum Online, etc.) to provide the identity of the subscriber the IP address was assigned to. They only ask for the identity of the account subscriber, who may or may not have committed the alleged infringements.

Once Strike 3 Holdings names the subscriber as the Defendant, they serve 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 possibility to file a Motion to Quash – a 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.

[Read more…] about 12 More BitTorrent Lawsuits Filed in Illinois by Strike 3 Holdings