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Malibu Media

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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.

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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.

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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.

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