Malibu Media

July 2, 2019 by Leonard J. French

Malibu Media and Strike 3 Holdings File 35 Cases in New York

If You’ve Received a Notice from Strike 3 Holdings or Malibu Media – Read This

Thirty-five more BitTorrent-based copyright infringement lawsuits have been filed in New York by Malibu Media (7 cases) and Strike 3 Holdings (28 cases). Malibu Media owns the rights to X-Art brand films and Strike 3 Holdings operates Vixen, Tushy, and Blacked. For any other type of Plaintiff, mass-filing these lawsuits would be extraordinarily difficult. These Plaintiffs, however, file nearly identical lawsuits, only changing the IP address accused of infringement and the list of alleged infringements. They allege their investigators observed an IP address repeatedly downloading the Plaintiff’s copyrighted works through BitTorrent networks and then sues each IP address for copyright infringement.

However, an IP address is merely a unique identifier for an internet connection. In order to find the proper defendant (that is the person that downloaded the files), the Plaintiff subpoenas the Internet Service Provider (e.g., Charter/Spectrum, XFinity/Comcast, Optimum/Altice, RCN, Verizon, etc.) for the subscriber’s identity. Some judges have noted that it’s dubious to assume the internet subscriber (the person that pays the bill) is the same person who downloaded the material. After all, many homes have multiple people who use the same internet connection – and unauthorized use can occur. The subscriber may not even live at the residence the internet is being provided for.

Yet, courts across the country have granted tremendous leeway to Malibu Media and Strike 3 Holdings to allow them to get the identities of internet subscribers to try to find a person willing to pay a settlement. The settlement amounts are carefully calculated to be just below the cost of an effective defense.

Most subscribers find out about the lawsuit when they receive a notice from their Internet Service Provider (ISP) notifying them that the Plaintiff has subpoenaed the subscriber’s identity. The ISP is obligated to comply with the subpoena unless a Motion to Quash is filed. This is a court motion to void or “quash” the subpoena. However, 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. I’m happy to discuss with you whether filing a Motion to Quash or alternative motions is advisable in your case.

If you’ve received one of these notices or have been served with the lawsuit, it’s vital to retain counsel without delay. There are timelines imposed by the court that must be adhered to in order to defend yourself. This Plaintiff is notoriously aggressive and an effective defense can help secure the best possible outcome for you. Failing to respond in court once you have been served can result in a default judgement against you. Default judgments typically involve ruling in the Plaintiff’s favor and awarding thousands of dollars in damages per infringement in addition to the Plaintiff’s legal fees and costs.

For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.

June 21, 2019 by Leonard J. French

Malibu Media files 29 cases in DC, Illinois, Maryland, Michigan, New Jersey, Pennsylvania, and Virginia

If You’ve Received a Notice from Malibu Media – Read This!

Twenty-nine more people will receive a notice from their ISP indicating that Malibu Media is suing them in the District of Columbia (1 case), Illinois (7 cases), Maryland (4 cases), Michigan (2 cases), New Jersey (8 cases), Pennsylvania (2 cases), and Virginia (5 cases). Malibu Media has sued thousands of people across the country based on their IP address. The Plaintiff claims to have investigators that monitor BitTorrent downloading traffic and record the IP addresses of people sharing Malibu Media’s copyrighted films (operating under the X-Art brand). Malibu Media is quite experienced and has been doing this for years. I was part of the defense for the first Malibu Media case to go to trial.

The scheme hasn’t changed much over the years. Once the Plaintiff has identified an IP address as infringing regularly (or enough that they feel they can get a large enough settlement out of it) they file a lawsuit against the internet subscriber behind the IP address. In order to serve the defendant with the lawsuit, Malibu Media subpoenas the Internet Service Provider (e.g., Charter, Comcast, Optimum Online, RCN, Spectrum, Time Warner Cable, etc.) for the subscriber’s identity.

However, this is a tenuous connection. Many people, with and without permission, may have access to a person’s internet connection. Sometimes the subscriber doesn’t even live where the internet is being provided, such as when the subscriber is a landlord. There are numerous other reasons a subscriber may not be the one responsible for copyright infringement. Still, Malibu Media has filed thousands of lawsuits over the years.

Most subscribers find out about the lawsuit when they receive a notice from their Internet Service Provider (ISP) notifying them the ISP has received a subpoena from Malibu Media to discover the subscriber’s identity. The ISP is obligated to comply with the subpoena unless a Motion to Quash is filed. This is a court motion to void or “quash” the subpoena. However, 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. I’m happy to discuss with you whether filing a Motion to Quash or alternative motions is advisable in your case.

If you’ve received one of these notices or have even been served with the lawsuit, it’s vital to retain counsel without delay. This Plaintiff is notoriously aggressive and an effective defense can help secure the best possible outcome for you.

June 4, 2019 by Leonard J. French

Malibu Media and Strike 3 Holdings File Hundreds More Cases Across the Country

Since mid-April, Malibu Media and Strike 3 Holdings have filed more than 200 more BitTorrent based copyright lawsuits across the country. Despite Strike 3 Holdings’ lead counsel, Lincoln Bandlow, leaving the prestigious law firm Fox Rothschild, Strike 3 Holdings continues to blanket the country in lawsuits – including 30 in California, 10 in Connecticut, 5 in Maryland, 14 in Michigan, 26 in New Jersey, and 74 in New York. Malibu Media has also filed a slew of similar lawsuits – 4 in Connecticut, 1 in the District of Columbia, 10 in Illinois, 1 in Maryland, 10 in Michigan, 12 in New Jersey, 14 in New York, 6 in Pennsylvania, and 8 in Virginia.

The reason these companies are able to file so many lawsuits is in part because each lawsuit is nearly identical. The Plaintiffs each state they hire investigators to monitor BitTorrent network traffic and identify IP addresses associated with downloading the Plaintiff’s copyrighted films. Malibu Media owns the rights to X-Art, and Strike 3 Holdings owns the rights to Vixen, Tushy, and Blacked.

The Plaintiff sues the IP address and claim in order to serve the defendant with the complaint, they need to subpoena the Internet Service Provider (e.g., Charter, Comcast, Optimum Online, RCN, Spectrum, Time Warner Cable, etc.) to discover the identity of the subscriber. Of course, the internet subscriber may not be the person who downloaded the files and other people may, with or without permission, may use a subscriber’s internet connection.

Most people discover the lawsuit when they receive a notice from their ISP indicating that the Plaintiff has subpoenaed the subscriber’s identity. The ISP is obligated to comply with the subpoena unless a Motion to Quash is filed. This is a motion to void or “quash” the subpoena. However, 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.

May 3, 2019 by Leonard J. French

Malibu Media and Strike 3 Holdings File 39 More Cases in New Jersey

Strike 3 Holdings and Malibu Media have filed more than 3 dozen cases in New Jersey over the past few weeks. Malibu Media filed 13 cases while Strike 3 Holdings filed twice as many. Both companies seem to be trying to maintain their record breaking number of lawsuits filed last year. New Jersey is a favorite target, with more than 380 cases filed last year alone.

The reason why these companies can file so many complaints is because each case is essentially the same with only the name of the IP address and specifics of the infringements differing. They begin by suing an anonymous IP address which they claim their investigators observed downloading the Plaintiff’s copyrighted films through BitTorrent networks. Strike 3 Holdings owns the rights to Vixen, Tushy, and Blacked, while Malibu Media owns the rights to X-Art.

After filing the complaint, the Plaintiff seeks to subpoena the internet service provider (e.g., AT&T, Charter, Xfinity/Comcast, Verizon, Optimum, Spectrum, etc.) for the identity of the internet subscriber assigned the specific IP address. Most people find out about the lawsuit when their ISP sends them a notice of the subpoena. These notices usually also explain that the only way to fight the subpoena is through a Motion to Quash.

Motions to Quash are complex in these cases as the subpoena is between the Plaintiff the ISP, therefore the subscriber has a high standard to meet in order to successfully “quash” (i.e., cancel or void) the subpoena.

If you have received one of these letters, it’s important to seek legal counsel without delay. Without action, your ISP is obligated to reveal your identity. If not defended against, the Plaintiff can name the defendant publicly and serve the complaint. Once you are served with a summons, you typically have 21 days to respond in Federal Court or face a default judgement. Acting quickly can sometimes prevent your identity from being released to the Plaintiff. In other cases, we can argue for a Motion for a Protective Order that can shield your identity from the public.

To learn about your options for defense, please don’t hesitate to contact me with your name, number, and case number (sometimes called docket number or civil action number). Please don’t hesitate to call me immediately at 888.801.8681. If calling after-hours, please leave a message with your name, number, and case number (sometimes called docket number or civil action number); I do return calls after-hours.

April 18, 2019 by Leonard J. French

Malibu Media and Strike 3 Holdings File 73 More Lawsuits in New York

New York is seeing a staggering number of copyright cases in file, with Malibu Media recently filing 17 new cases and Strike 3 Holdings filing 56. Strike 3 Holdings owns the rights to Vixen, Tushy, and Blacked, while Malibu Media owns the rights to X-Art. These two Plaintiffs are known for mass filing copyright cases against anonymous internet subscribers, identified only as an IP address. They claim their investigators have identified scores of internet subscribers as downloading their content through BitTorrent networks. They then subpoena the internet service provider (ISP) to discover the identity of the internet subscriber, despite knowing that many times the subscriber is not the infringer.

Most people find out about the lawsuit after receiving a notice from their ISP (such as Comcast, Verizon, Optimum Online, Time Warner, RCN, Spectrum, etc.) that states the subscriber must file a Motion to Quash in court in order to prevent the ISP from disclosing their identity. These cases are complex, since the subpoena is between the ISP and the Plaintiff, making the subscriber a third party.

If the subscriber would like to remain anonymous, it is important to secure effective representation as quickly as possible. Without action, the Plaintiff will amend the complaint to name the subscriber and then formally serve the complaint on the subscriber. Once the complaint is served, the defendant must act quickly to avoid a default judgement, with $1,000s in damages per alleged infringement.

These notices are serious. However, there are a variety of options for defense.

March 25, 2019 by Leonard J. French

33 New File Sharing Cases in Illinois by Strike 3 Holdings, Malibu Media, and Bodyguard Productions

Illinois has recently been hit with 33 BitTorrent lawsuits from Strike 3 Holdings (15 cases), Malibu Media (14 cases), and Bodyguard Productions (4 cases). Although each company is separate and owns the rights to different films, all the lawsuits are similar. They allege that investigators monitor BitTorrent traffic and have recorded IP addresses as infringing on their copyright by downloading and sharing their films. Strike 3 Holdings owns the rights to Vixen, Tushy, Blacked; Malibu Media owns the rights to X-Art films; and Bodyguard Productions owns the rights to the 2017 film “The Hitman’s Bodyguard”. Bodyguard Productions differs from Strike 3 Holdings and Malibu Media in that they sue multiple IP addresses per lawsuit. So, although they filed 4 lawsuits in Illinois, they actually name 51 IP addresses.

These are known as John Doe lawsuits because they do not directly name the defendant, instead referring to an IP address and then using the court to subpoena the identities from the various internet service providers (e.g., Verizon, Comcast, Time Warner, Optimum Online, etc.). Most people discover the lawsuit when they receive a notice from their ISP stating the subscriber’s identity has been subpoenaed and the subscriber must file a Motion to Quash in order to prevent the release of their information. Motions to Quash in these cases are complex because the subpoena is between the Plaintiff and the ISP, meaning the subscriber is a third party.

Once the Plaintiff has the identity of the subscriber, they amend their complaint to name the subscriber (or, perhaps an adult male in the household). Federal lawsuits are easily searched by the public and may come up in public search engine results. Many people prefer to remain anonymous and not be publicly named (whether they are liable for the infringements or not). In order to help ensure your anonymity, it’s important to retain counsel without delay.

Malibu Media

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