Malibu Media

February 5, 2019 by Leonard J. French

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.

January 10, 2019 by Leonard J. French

Malibu Media Files 5 More File Sharing Lawsuits in Virginia

Reddit user /u/beardfearer may fear beards, but not copyright notices In just one day, Malibu Media filed another 5 BitTorrent-based lawsuits in Virginia. This has been a record breaking year for the company, as they have filed more than 1,000 copyright infringement lawsuits across the country. Almost 80 of those lawsuits have been in Virginia, averaging more than a lawsuit per week!

Malibu Media claims to hire overseas investigators that monitor BitTorrent activity and record any IP addresses that allegedly download or share the X-art brand adult films. The Plaintiff then sues the IP address as a “John Doe” and requests the court issue a subpoena to the Internet Service Provider (ISP) so the subscriber can be identified and served with the complaint.

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. 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 fight the allegations.

Although each lawsuit 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.

January 8, 2019 by Leonard J. French

Malibu Media Files 9 More BitTorrent Lawsuits in Maryland

Reddit user /u/beardfearer may fear beards, but not copyright notices In just one day, Malibu Media filed another 9 BitTorrent-based lawsuits in Maryland. This has been a record breaking year for the company. In Maryland alone, they have filed almost 100 file-sharing lawsuits. They are a notorious for these cases, filing more than 1,000 lawsuits across the country this year alone.

They claim to hire overseas investigators to monitor BitTorrent activity and record any IP addresses that allegedly download or share their adult films, marketed under the X-Art brand. The Plaintiff then sues the IP address as a “John Doe” and gets a subpoena to force the Internet Service Provider (ISP) to reveal the subscriber associated with that IP address. Once they have an identity, they will name the subscriber and try to serve them with the lawsuit. Importantly, the subscriber may not even be the one to download the films.

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 to stop the release of their identity. 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.

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.

January 5, 2019 by Leonard J. French

Strike 3 Holdings and Malibu Media Say “Happy Holidays” by Filing 18 More Lawsuits in Connecticut

Reddit user /u/beardfearer may fear beards, but not copyright notices Strike 3 Holdings was busy on Christmas Eve, filing 16 new BitTorrent-based lawsuits in Connecticut. Malibu Media also filed two more of their own file-sharing lawsuits. Both companies have had a record breaking year, filing thousands of lawsuits across the country. In Connecticut alone, they have filed more than 150 cases this year. They are notorious mass-filers of copyright lawsuits, flooding courts across the country in hopes of receiving thousands of dollars in damages per case.

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 very similarly. They hire overseas investigators to monitor BitTorrent activity and record any IP addresses allegedly sharing the Plaintiffs’ films. The Plaintiff then sues the IP address as a “John Doe” and requests the court issue a subpoena to the Internet Service Provider (ISP) so the subscriber can be identified and served with the complaint, even if the subscriber was not the actual infringer.

Often, a defendant first discovers the lawsuit when they receive a notice from their ISP about the subpoena and the possibility to file a motion to quash. 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.

January 4, 2019 by Leonard J. French

Malibu Media and Strike 3 Holdings End Year by Filing 41 More Lawsuits in New Jersey

Reddit user /u/beardfearer may fear beards, but not copyright notices Malibu Media and Strike 3 Holdings have not let the holiday season slow them down, filing 41 more file-sharing lawsuits in New Jersey. Malibu Media filed 13 lawsuits over 3 days and Strike 3 Holdings filed an additional 28 cases on Boxing Day. This has been a record breaking year for both companies. This year in New Jersey alone, Malibu Media and Strike 3 Holdings have filed more than 150 and 200 cases, respectively.

Both companies are notorious mass-filers of copyright suits against anonymous IP addresses. They hire overseas investigators to monitor bittorrent traffic and identify any IP addresses that download or and share the Plaintiffs’ adult films. Strike 3 Holdings owns the rights to Vixen, Tushy, Blacked, and Blacked Raw. Malibu Media owns the rights to X-Art. Once they have sued the IP address as a “John Doe”, they request the court issue a subpoena to the Internet Service Provider (ISP) to find out the identity of the subscriber. They do this so that the internet subscriber can be named and served – whether or not the subscriber was the one who did the infringing.

Usually the defendant first finds out about the lawsuit when they receive a notice from their ISP about the subpoena and the possibility of filing a motion to quash. 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 fight the allegations.

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