Subpoena

November 26, 2018 by Leonard J. French

Michigan Hit by 17 Strike 3 Holdings Lawsuits

Reddit user /u/beardfearer may fear beards, but not copyright notices Strike 3 Holdings filed 17 new copyright infringement lawsuits in Michigan on November 20th and 23rd. Each lawsuit is nearly identical and alleges unnamed internet subscribers, known as John Does, have illegally downloaded Strike 3 Holdings’ copyrighted films through BitTorrent networks. Once the lawsuit is filed, Strike 3 Holdings will ask to subpoena the internet service provider (ISP) in order to get the name of the account holder connected to 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.

November 20, 2018 by Leonard J. French

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

Reddit user /u/beardfearer may fear beards, but not copyright notices Malibu 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.

November 13, 2018 by Leonard J. French

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 notices Malibu 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.

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.

Subpoena

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