Malibu Media

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.

March 16, 2019 by Leonard J. French

14 More Copyright Lawsuits Filed in Virginia by Strike 3 Holdings and Malibu Media

Recently, 14 more BitTorrent-based copyright infringement lawsuits have been filed by Strike 3 Holdings (8 cases) and Malibu Media (4 cases) in Virginia. Since the beginning of the year, 2 dozen cases have been filed by these Plaintiffs. Although different companies, both Plaintiffs file remarkably similar lawsuits. Strike 3 Holdings owns the rights to adult films Vixen, Tushy, Blacked, and Blacked Raw and Malibu Media owns the rights to X-Art films.

Both Plaintiffs allege they hired investigators to monitor downloads of their films through BitTorrent networks. The investigators recorded the IP addresses of the downloaders, allowing the Plaintiff to file a copyright infringement lawsuit against the IP address. They argue that in order to properly identify and serve the defendant, they need to subpoena internet subscriber’s identity from the Internet Service Provider (e.g., Comcast, Charter, Time Warner, Optimum Online, Verizon, etc.). Of course, the subscriber may not be the downloader for a variety of reasons. Oftentimes many people have access to a single internet connection, however, the courts routinely grant the subpoenas.

Many people first find out about the lawsuit when they receive a notice from their ISP that the Plaintiff has subpoenaed their identity. The only way to fight the subpoena is to submit a Motion to Quash to the court to argue why the subpoena should be stopped (or “quashed”). However, these motions are complex. As the subpoena is between the Plaintiff and the ISP, the subscriber is actually a third party to the subpoena.

Many defendants wish to defend anonymously because federal civil lawsuits are generally public record and easily searchable. For those who wish to minimize the suit’s effect on their private and professional lives, it is vital they retain counsel without delay.

These notices are serious. If you do not respond, your 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. If you do not respond to the complaint in court, the Plaintiff can ask for a default judgement, where damages can be in the $1,000s per infringement plus attorneys fees and costs.

March 15, 2019 by Leonard J. French

14 New BitTorrent Lawsuits Filed in New Jersey from Strike 3 Holdings and Malibu Media

New Jersey has received 14 new BitTorrent-based copyright infringement lawsuits from Strike 3 Holdings and Malibu Media. Strike 3 Holdings filed 8 nearly identical cases on February 21 and Malibu Media filed 6 on February 14 – Valentine’s Day. Strike 3 Holdings owns the rights to Vixen, Tushy, and Blacked, while Malibu Media owns the right to X-Art. Although different companies, they both file very similar lawsuits and follow a similar strategy to turn BitTorrent downloading into a revenue stream.

They both begin with hiring an investigator that monitors BitTorrent traffic, including downloading the Plaintiffs’ films. The IP addresses are then geolocated to determine what state the IP address likely originates from and the Plaintiffs file a John Doe lawsuit against the IP address subscriber. The Plaintiffs claim that in order to properly serve the defendant, they must identify the John Doe and ask the courts for a subpoena for the identity from the internet service provider (e.g., Charter, Comcast, Verizon, Time Warner, etc.).

This is when most subscribers find out about the lawsuit. ISPs are required by the Cable Privacy Act to inform subscribers that their personally identifying information has been subpoenaed and give the subscribers a chance to file a Motion to Quash to prevent their identity from being released. Motions to Quash are complex in these cases as the subpoena is between the Plaintiff and the ISP, making the subscriber a third party.

Malibu Media

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