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Strike 3 Holdings Requests 71 Subpoenas for New York, New Jersey, and Connecticut Optimum Online Subscribers

Strike 3 Holdings has filed requests for 71 more subpoenas for Optimum Online internet subscribers from New York (48 cases), New Jersey (21 cases), and Connecticut (2 cases). They allege these IP addresses were observed downloading Strike 3’s films (marketed through the Vixen, Tushy, and Blacked brands) through BitTorrent networks.

They want to sue the subscribers behind the IP address for copyright infringement but argue they need the subscribers’ identity first. To get this, they ask a Miami-Dade county court in Florida to grant an obscure form of relief called a ‘Pure Bill of Discovery’, which allows them to subpoena the internet service provider for subscriber information. This is flawed for a number of reasons, especially since Miami-Dade county court has no jurisdiction over copyright matters and likely none of these internet subscribers live in or conduct business in Florida.

If Strike 3 gets the subscribers’ identities, they then file a Federal copyright lawsuit, which can carry hefty damages of at least $750 per infringement, with damages often requested to be tripled to $2,250 for “willful” infringement. Strike 3 usually waits until there are dozens and dozens of infringements alleged, meaning each case can be worth tens or even hundreds of thousands of dollars in damages. These lawsuits are serious and Strike 3 is notoriously aggressive.

Many defendants have fought Strike 3 subpoenas in Miami-Dade county court by filing Motions to Quash (a request for the court to cancel the subpoena) and are successful at first, as Strike 3 will drop the Defendant from that case. However, this may not be the end. Strike 3 Holdings can become more aggressive after seeing resistance and seem to be willing to file Federal lawsuits in the correct jurisdiction in order to get an identity and sue.

Sometimes, filing a Motion to Quash is still advantageous. I’ve defended hundreds of cases against Strike 3 Holdings and similar Plaintiffs, both in negotiating settlements and litigating in court. If you’ve received a notice from Optimum Online and you’re considering a Motion to Quash, settling, or fighting in court, please call us at 888.801.8681 or email us. Please have your case number and IP address ready. We’re happy to explain your options for defense and recommend the best way forward.

[Read more…] about Strike 3 Holdings Requests 71 Subpoenas for New York, New Jersey, and Connecticut Optimum Online Subscribers

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Strike 3 Holdings Puts Pressure on Internet Subscribers by Filing Federal Lawsuits in Across the Country

As previously described, Strike 3 Holdings has filed requests for hundreds upon hundreds of internet subscribers’ identities based on bare bones allegations that their investigators observed IP addresses downloading Vixen, Tushy, or Blacked branded films through BitTorrent networks. They do this through a ‘Pure Bill of Discovery’ in Miami-Dade county court where the only relief they ask for is a subpoena for the internet subscriber’s identity. This is flawed for a number of reasons, not the least of which is that Miami-Dade county court has no jurisdiction over copyright matters and most of the internet subscribers are not in Florida.

Many defendants have fought the improper subpoenas by filing Motions to Quash (a request for the court to cancel the subpoena) and are successful at first, as Strike 3 will drop the Defendant from that case. However, this may not be the end. Strike 3 Holdings has filed more than 80 Federal cases this year. Most cases have been filed in California (38 cases) and Florida (15 cases). Additional cases have been filed in New York (10 cases), Illinois (9 cases), New Jersey (6 cases), Michigan (3 cases), Nevada (3 cases), Connecticut (2 cases), and Virginia (1 case). Approximately half of these cases include a request for a subpoena to get the subscriber’s identity from their Internet Service Provider.

Since in half the cases Strike 3 already has the Defendant’s identity, this means this Plaintiff is aggressive whether defendants fight with a motion to quash or not.

Notably, Strike 3 is usually successful in receiving a second subpoena from Federal courts. However, there are some districts in which they have been denied. If you have received a notice from your ISP that Strike 3 has subpoenaed your identity or has filed a Federal lawsuit against you, please don’t hesitate to contact us. We can explain what the case means, your options for defense, and what we recommend in your situation. We focus on exactly this type of litigation and have defended people across the country. Please be ready with your case number and IP address associated with your case.

These cases are serious. Statutory copyright infringement damages are often calculated at $2,250 per infringement. We have experience defending against these new tactics and will be able to help explain what the case means, your options for defense, and recommend the best path forward for you.

[Read more…] about Strike 3 Holdings Puts Pressure on Internet Subscribers by Filing Federal Lawsuits in Across the Country

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Strike 3 Holdings Subpoenas 278 Identities in California, Texas, New Jersey, and Maryland

Strike 3 Holdings has ramped up their efforts to uncover internet subscriber identities in order to demand settlements for alleged copyright infringement. They’ve filed three new Bills of Pure Discovery in Miami-Dade County court in Florida, listing a total of 278 IP addresses, with most of these subscribers from California (217) and Texas (61), although there were some located in New Jersey (3) and Maryland (5). The cases were directed at Comcast, Spectrum, and AT&T internet subscribers. Common cities targeted in California were Los Angeles, San Diego, San Francisco, and San Jose. Common cities targeted in Texas included Houston and Dallas.

Strike 3 submits nearly identical filings in each case, claiming that the subscribers behind the listed IP addresses have infringed on their copyrights by downloading Vixen, Tushy, and Blacked branded films through BitTorrent networks. They then ask the Miami-Dade County Court for relief in the form of subpoenas to uncover the subscriber’s identity. They then use this information to file Federal copyright lawsuits across the country if a settlement isn’t offered.

This is a new strategy. Previously, Strike 3 filed individual Federal lawsuits against each IP address. However, this was expensive, time consuming, and many cases didn’t result in a settlement. By asking a Miami-Dade court for subpoenas, they can ask for hundreds of identities at once, avoid the oversight of Federal courts, save money, and speed up the pace of demanding settlements.

If you have received a notice from your ISP that Strike 3 has subpoenaed your identity, don’t hesitate to contact us. We can explain what the case means, your options for defense, and what we recommend in your situation. We focus on exactly this type of litigation and have defended people across the country. Please be ready with your case number and IP address associated with your case.

One option is to file a Motion to Quash, which is a way to ask the court to cancel the subpoena. Without a Motion to Quash, your ISP is required to release your identity. Motions to Quash in Miami-Dade court generally argue a lack of jurisdiction because copyright cases belong in Federal courts in the district where the subscriber lives. However, filing a Motion to Quash in Florida may not be the end of the case and Strike 3 can become more demanding, filing a Federal lawsuit in the correct district to get their subpoena. In California, Federal Motions to Quash have had mixed results. If you are considering a Motion to Quash, please contact us without delay so we can explain the benefits and risks.

These cases are serious. Statutory copyright infringement damages are often calculated at $2,250 per infringement. We have experience defending against these new tactics and will be able to help explain what the case means, your options for defense, and recommend the best path forward for you.

[Read more…] about Strike 3 Holdings Subpoenas 278 Identities in California, Texas, New Jersey, and Maryland