Torrent Lawsuit Defense

Malibu Media

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Strike 3 Holdings and Malibu Media File 31 New Cases in Pennsylvania

Reddit user /u/beardfearer may fear beards, but not copyright noticesStrike 3 Holdings and Malibu Media have filed 31 new file-sharing lawsuits across Pennsylvania against anonymous internet subscribers. Strike 3 Holdings filed 25 suits, while Malibu Media filed 6. Despite being different companies, the two Plaintiffs file very similar lawsuits.

Each suit claims foreign investigators monitor BitTorrent activity and identified each IP address as downloading and sharing several of the Plaintiffs’ adult films. Strike 3 Holdings owns the rights to Vixen, Tushy, Blacked, and Blacked Raw and Malibu Media owns X-Art.  There seems to be no end to the lawsuits as unsuspecting internet subscribers find themselves caught up in what Judge Lamberth of Washington, DC described as a “high tech shakedown” where the Plaintiffs treat the court system “as an ATM.”

Because the Plaintiffs do not know who downloaded the films, they sue a “John Doe” identified only as an IP address. They then subpoena the internet service provider (ISP) to discover the name of the subscriber. Usually the defendant first finds out about the lawsuit when they receive a notice from their ISP about 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.

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New Jersey Hit with 44 New Lawsuits from Strike 3 Holdings and Malibu Media

Reddit user /u/beardfearer may fear beards, but not copyright noticesStrike 3 Holdings and Malibu Media filed 44 new file-sharing lawsuits in New Jersey against unnamed internet subscribers. Strike 3 Holdings filed 28 suits, while Malibu Media took 3 days to file 16 additional lawsuits. These lawsuits are virtually identical and all allege foreign investigators monitored BitTorrent activity and identified each IP address as downloading several of the Plaintiffs’ adult films. Strike 3 Holdings owns the rights to Vixen, Tushy, Blacked, and Blacked Raw and Malibu Media owns the rights to X-Art.  There seems to be no end to the lawsuits as unsuspecting internet subscribers find themselves caught up in what Judge Lamberth of Washington, DC described as a “high tech shakedown” where the Plaintiffs treat the court system “as an ATM.”

Although separate companies, both Plaintiffs operate in the same way. Because the Plaintiffs do not know who downloaded the films, they sue a “John Doe” identified only through the IP address. They then subpoena the internet service provider to discover the name of the internet subscriber. Usually the defendant first finds out about the lawsuit when they receive a letter from their ISP to notify them about the subpoena and the possibility to file a motion to quash to stop the release of their identity.

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Malibu Media Files 9 More BitTorrent Lawsuits in New York

Reddit user /u/beardfearer may fear beards, but not copyright noticesMalibu Media continues their record breaking year of filing lawsuits, this time filing 9 more lawsuits in New York. This year alone, they have filed more than 1100 lawsuits across the country, including more than 170 in New York alone.

Every lawsuit is almost identical. Each defendant is an unnamed internet subscriber, known as a John Doe. Malibu Media alleges an investigative company has observed each IP address contributing to downloading and sharing X-Art branded adult films.

Once the lawsuit is filed, Malibu Media asks to subpoena the internet service provider (ISP) in order to get the name of the account holder of the IP address. Internet subscribers usually first find out about the lawsuit when they receive a notice of the subpoena from their ISP stating they need to file a Motion to Quash in order to stop the release of their information.

Although downloading through BitTorrent may feel commonplace, the lawsuits against alleged downloaders are serious and represent potentially thousands of dollars in damages per infringement. When multiple infringements are alleged, damages granted by the court can easily escalate into 10’s or 100’s of thousands of dollars. This makes an early and effective defense against these suits all the more important. For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.

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Malibu Media and Strike 3 Holdings File 60+ New Lawsuits within a Week

Reddit user /u/beardfearer may fear beards, but not copyright noticesMalibu Media and Strike 3 Holdings seem to be making up for their reduced filings in October by filing more than 60 BitTorrent file-sharing lawsuits across the country. Malibu Media has filed 14 cases in Illinois, 7 in Michigan, and 8 in Texas. Strike 3 Holdings filed 21 cases in California and 11 in Illinois. They are able to do this because each lawsuit is essentially the same with only the identified IP address and the list of alleged infringements differing.

Both companies file similar lawsuits. They allege that they have hired investigators to monitor BitTorrent traffic and record IP addresses that contribute to the downloading and sharing of the Plaintiffs’ copyrighted films. They then sue the internet subscriber as a John Doe and subpoena the identity of the subscriber from the internet service provider (ISP). The subscribers usually first find out about the lawsuit when they receive a notice of the subpoena from their ISP stating they need to file a Motion to Quash in order to stop the release of their information.

Recently, more judges are taking note of the overwhelming number of cases, representing more than half the copyright lawsuits in the country. Yet, scant evidence is presented in each filing, making it easier to mass file.

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Malibu Media and Strike 3 Holdings Restart their Rapid Pace of Filing Across the Country

Reddit user /u/beardfearer may fear beards, but not copyright noticesMalibu Media and Strike 3 Holdings slowed their rate of filing new lawsuits in October but are picking up their pace again. In September, Malibu Media filed more than 160 new BitTorrent file sharing lawsuits, yet filed only 10 in October. Strike 3 Holdings followed a similar pattern, filing more than 340 cases in September and 38 in October.

Any hope that Malibu Media were slowing down long term seems to be fading as they have filed 34 cases in the first two weeks of November. Strike 3 Holdings has remained relatively quiet by only filing 4 new cases in November.

Both companies file similar lawsuits. They allege that they have hired investigators to monitor BitTorrent traffic and record IP addresses that contribute to the downloading and sharing of the Plaintiffs’ copyrighted films. They then sue the internet subscriber as a John Doe and subpoena the identity of the subscriber from the internet service provider (ISP). The subscribers usually first find out about the lawsuit when they receive a notice of the subpoena from their ISP stating they need to file a Motion to Quash in order to stop the release of their information.

Although downloading through BitTorrent may feel commonplace, the lawsuits against alleged downloaders are serious and represent thousands of dollars in damages per infringement. When multiple infringements are alleged, damages granted by the court can easily escalate into 10s or 100s of thousands of dollars. This makes an early and effective defense against these suits all the more important.

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69 More Lawsuits from Strike 3 Holdings and Malibu Media

Reddit user /u/beardfearer may fear beards, but not copyright noticesStrike 3 Holdings and Malibu Media are continuing to blanket the country in BitTorrent-based file sharing lawsuits, this time in California, Illinois, Maryland, Michigan, New Jersey, New York, and Pennsylvania. Strike 3 Holdings has been particularly busy, filing 17 cases in California, 7 in Illinois, 16 in Maryland, and 5 in New York. Malibu Media has also filed 9 new cases in Michigan, 5 in New Jersey, and 10 in Pennsylvania.

Both companies file similar lawsuits. They allege that they have hired investigators to monitor BitTorrent traffic and record IP addresses that contribute to the downloading and sharing of the Plaintiffs’ copyrighted films. They then sue the internet subscriber as a John Doe and subpoena the identity of the subscriber from the internet service provider (ISP).

Although downloading through BitTorrent may feel commonplace, the lawsuits against alleged downloaders are serious and represent thousands of dollars in damages per infringement. When multiple infringements are alleged, damages granted by the court can easily escalate into 10s or 100s of thousands of dollars. This makes an early and effective defense against these suits all the more important.

[Read more…] about 69 More Lawsuits from Strike 3 Holdings and Malibu Media