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Strike 3 Holdings Subpoenas Identities of 101 Internet Subscribers Across the Nation

In their latest filing, case 2020-027925-CC-05 in Miami-Dade County Court, Strike 3 has targeted 101 more Internet Subscribers that Strike 3 claims have committed copyright infringement by downloading Vixen, Tushy, or Blacked branded films through BitTorrent networks. In just one filing, they’ve asked for subpoenas to Century Link, Cox, Frontier, Google Fiber, Optimum Online, RCN, and Wave Broadband, to force the ISPs to reveal their clients’ identities. Once the court grants the subpoena, the ISP is obligated to respond unless the defendant files a Motion to Quash (i.e., a motion to cancel the subpoena).

Once Strike 3 has the internet subscriber’s identity, they will usually sue an adult male in the household claiming that he must be the infringer. These Federal lawsuits are serious and can have damages of at least $750 per infringement. This can make a typical Strike 3 Holdings case worth $10,000s, if not $100,000s in damages. These cases shouldn’t be ignored.

Given the serious nature of the allegations, many defendants want to pursue a Motion to Quash. This is understandable, and there are some valid arguments while the case remains in Florida county court, such as arguing that the court doesn’t have jurisdiction over copyright matters, nor over non-Florida residents. However, this might not be the end of the case, as Strike 3 frequently files Federal lawsuits against those that oppose the subpoena.

If you’re considering a Motion to Quash, please contact me. I’ve defended over 1,000 people against plaintiffs like Strike 3 Holdings, and have significant experience with Motions to Quash. I can help explain when they can be helpful, and when they could be potentially harmful. I work with a team of lawyers from across the country to make sure that we can serve you, no matter where you are. For example, in the present case, Strike 3 subpoenaed identities of people from California, Texas, Virginia, Arizona, Washington, Nevada, New York, New Jersey, Maryland, Colorado, and Connecticut (to name a few).

The Plaintiff is often willing to settle or even dismiss the case when a defendant has an adequate defense. That’s why it’s so important to contact an experienced attorney right away. I can provide valuable information based on my years of experience fighting Strike 3.

I’m happy to explain to you your options for defense and recommend the best way forward for your situation. I’ve represented more than 1,000 people across the country, and I focus my practice on defending against BitTorrent-based lawsuits. I’m very familiar with this Plaintiff and can give you individualized guidance for your case.

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5 New Federal Strike 3 Holdings Cases in New Jersey

Strike 3 Holdings has filed 5 new Federal copyright lawsuits in New Jersey in one day! Typically, this would be a daunting task for a Plaintiff, but Strike 3 isn’t typical. They’re one of the most prolific copyright Plaintiffs in the country. Each lawsuit is nearly identical, alleging that their investigators observed an IP address downloading Vixen, Tushy, or Blacked films through BitTorrent networks. They accuse the internet subscriber associated with the IP address as being the copyright infringer, and subpoena the Internet Service Provider (e.g., AT&T, Comcast, Cox, Spectrum, Optimum Online, RCN, Verizon, etc.) for the subscriber’s identity.

The argument that the person that pays the internet bill must also be the copyright infringer is weak. Other people may have had access to the internet connection, including guests, other family members, and unauthorized users. Yet, this barebones accusation is usually enough for Federal judges. Strike 3 Holdings has weaponized the copyright act to try to extract the largest settlements they can from internet subscribers, and they are notoriously aggressive.

That’s because this Plaintiff sees each infringement as worth at least $750 in statutory copyright damages, which they often ask to treble to $2,250 for what they see as “willful infringement”. Strike 3 Holdings cases, if lost in court, could easily cost $10,000s, or even $100,000s. The Plaintiff also targets wealthier neighborhoods, hoping to ensnare people who can secure substantial settlements. However, the Plaintiff is often willing to settle for less or even dismiss the case when a defendant has an adequate defense. That’s why it’s so important to contact an experienced attorney right away. I can provide valuable information based on my years of experience with Strike 3, help develop the best defense strategy for your situation, and help you reach a resolution.

Many people discover the lawsuit after they receive a notice from their ISP, which advises them that the only way to fight the subpoena is through a Motion to Quash (i.e., a motion to cancel the subpoena). In fact, many of these cases started out in county court in Miami-Dade, Florida, where people have been dismissed from their case after filing a Motion to Quash. However, Motions to Quash in Federal cases are not as simple, as Strike 3 usually files in the correct jurisdiction, leaving fewer arguments against the subpoena. 

If you’re considering a Motion to Quash, please contact me. I’ve defended over 1,000 people against plaintiffs like Strike 3 Holdings and have significant experience with Motions to Quash. I can help explain when they can be helpful, and when they could be potentially harmful. I work with a team of lawyers from across the country to provide the best defense, regardless of the state you live in.

I’m happy to explain to you your options for defense and recommend the best way forward for your situation. I’ve represented more than 1,000 people across the country, and I focus my practice on defending against BitTorrent-based lawsuits. I’m very familiar with this Plaintiff and can give you individualized guidance for your case.

[Read more…] about 5 New Federal Strike 3 Holdings Cases in New Jersey

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Strike 3 Holdings Demands Identities of 39 Internet Subscribers from Across the Country

Strike 3 Holdings, one of the most prolific copyright Plaintiffs in the country, has filed a lawsuit in Miami-Dade County Court demanding subpoenas to find out the identity of 39 internet subscribers (Case 2020-025803-CC-05, filed November 2, 2020). They allege that an investigator observed the IP addresses downloading Strike 3 films, marketed under the brands Tushy, Vixen, and Blacked, through BitTorrent networks. The IP addresses of the subscribers have been geolocated to California, Connecticut, Florida, Illinois, Massachusetts, Maryland, Nevada, New Jersey, New York, and Texas. Strike 3 has also alleged that the internet subscriber associated with each IP address must be the alleged copyright infringer.

This is a tenuous argument at best, as there are many reasons why the subscriber might not be the infringer (e.g., someone else had access to the internet connection or the wifi was left unprotected). However, Miami-Dade county court judges routinely grant subpoenas to force internet service providers, like Cox, Frontier, Optimum Online, RCN, and Webpass, to reveal the name of the accused internet subscriber.

It is possible to fight the subpoena through a Motion to Quash (i.e., a motion to cancel or “quash” the subpoena) because the case was filed in a state court, which lacks jurisdiction over copyright matters and non-Florida residents. However, that may not be the end of the case, as Strike 3 routinely files federal lawsuits against those that fight the subpoena. These federal cases are often in the right jurisdiction, making another motion to quash complicated.

If you’re considering a Motion to Quash, please contact me. I’ve defended over 1,000 people against plaintiffs like Strike 3 Holdings and have significant experience with Motions to Quash. I can help explain when they can be helpful and when they could be potentially harmful. I work with a team of lawyers from across the country to provide the best defense, regardless of the state you live in.

Strike 3 Holdings is notoriously aggressive in pursuing each case, and each allegation is serious. The Plaintiff sees each infringement as worth at least $750, which they often ask to treble to $2,250 for what they see as “willful infringement”. Strike 3 Holdings cases, if lost in court, could easily cost $10,000s, or even $100,000s. However, the Plaintiff is often willing to settle for less or even dismiss the case when a defendant has an adequate defense. This is why it’s so important to contact an experienced attorney right away.

If you’ve received a notice from your internet service provider, please contact me. I can explain your options for defense and recommend the best way forward for your situation. I’ve represented more than 1,000 people across the country, and I focus my practice on defending against BitTorrent based lawsuits. I’m very familiar with this Plaintiff and can give you individualized guidance for your case.

[Read more…] about Strike 3 Holdings Demands Identities of 39 Internet Subscribers from Across the Country