Motion to Quash

January 31, 2019 by Leonard J. French

Strike 3 Holdings Hits Maryland with 10 More BitTorrent Copyright Cases

Reddit user /u/beardfearer may fear beards, but not copyright notices Strike 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.

January 26, 2019 by Leonard J. French

Virginia Hit with 13 More Strike 3 Holdings Lawsuits

Reddit user /u/beardfearer may fear beards, but not copyright notices Strike 3 Holdings has had a busy start to the New Year. In the first 3 weeks of January, it has already filed more than 100 new file sharing cases, including 13 in Virginia. The reason it is able to file so many lawsuits is because each one is nearly identical.

Each complaint alleges that an overseas investigator recorded an IP address downloading and sharing Strike 3 Holdings’ copyrighted adult films through BitTorrent networks. It owns the rights to the Tushy, Vixen, Blacked, and Blacked Raw brands.

This Plaintiff then sues each unnamed internet subscriber as a “John Doe”, identified only as 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, it 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.

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. This can provide more options to protect your identity and fight the allegations.

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.

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Motion to Quash

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