• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Torrent Lawsuit Defense

  • Home
  • F.A.Q.
  • California
  • Colorado
  • Connecticut
  • D.C.
  • Florida
  • Illinois
  • Maryland
  • Michigan
  • New Jersey
  • New York
  • Ohio
  • Pennsylvania
  • Virginia

Time Warner Subpoena

April 30, 2020 by Leonard J. French

Strike 3 Holdings Uses New Tactics to Subpoena 650+ Identities

Since February, Strike 3 Holdings has asked a Florida Miami-Dade County court for subpoenas for more than 650 internet subscriber identities from AT&T, Comcast, Cox Communications, Optimum Online, Spectrum, and Verizon.  They’re using an obscure provision under state law called a Bill of Pure Discovery However, these subpoenas are on very shaky ground. Strike 3’s claims fall under copyright law, which is under Federal jurisdiction. The second issue is that most of the IP addresses are not located within Florida. This means that someone who has never been to Florida, didn’t commit any copyright infringement in Florida, and has no business there, can still have their identity subpoenaed through a Florida court.

Strike 3 Holdings was once known for filing thousands of John Doe copyright infringement lawsuits against individual IP addresses in Federal court. They typically allege that their investigators observed the IP address downloading Strike 3’s movies (marketed under the brands Vixen, Tushy, and Blacked) through BitTorrent networks. However, an IP address is not a person, so they would file motions for early discovery to allow them to subpoena an internet subscriber’s identity from the ISP. However, this was expensive. Each lawsuit cost $400 to file and the subscriber information they received may have meant they couldn’t reasonably pursue a copyright case (e.g., if the subscriber was a coffee shop).

By filing in county court, they can subpoena hundreds of identities for a few hundred dollars. If anyone tries to challenge the legitimacy of the case through a Motion to Quash, Strike 3 dismisses those IP addresses from the case. However, that may not be the end of the case for that individual. If you’ve received a notice that your identity has been subpoenaed, please contact us so we can explain the benefits and risks of filing a Motion to Quash.

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 Uses New Tactics to Subpoena 650+ Identities

Filed Under: Bittorrent, By Plaintiff, Cablevision Subpoena, California, Cases, Colorado, Comcast Subpoena, Connecticut, Copyright, Cox, D.C., Federal, Florida, Illinois, Maryland, Michigan, Motion to Quash, New Jersey, New York, Ohio, Optimum Online, Pennsylvania, States, Strike 3 Holdings, Strike3 Holdings, Subpoena, Summons, Time Warner Subpoena, Verizon Subpoena, Virginia Tagged With: AT&T, bittorrent, california, comcast, connecticut, cox communications, DC, file sharing, Florida, Illinois, lawsuit, miami-dade county court, motion to quash, New Jersey, New York, optimum online, Pennsylvania, Spectrum, strike 3 holdings, summons, time warner, verizon, virginia, washington

January 30, 2020 by Leonard J. French

Strike 3 Holdings Sues for More than 300 Identities

Although it appeared that Strike 3 Holdings was slowing down how many Federal lawsuits it was filing, it’s actually increasing the speed at which it is trying to discover identities of internet subscribers it alleges have downloaded its films through BitTorrent networks. From November 20, 2019 to January 27, Strike 3 requested the identities of more than 300 subscribers.

Strike 3 owns the rights to Vixen, Tushy, and Blacked branded adult films. It hires investigators to monitor BitTorrent traffic and record IP addresses that download and share its films. Previously, it filed Federal lawsuits against the IP addresses, looking for a settlement in order to dismiss the case. However, each case filing was at the cost of $400 in court fees alone. It would have cost more than $120,000 in filing fees alone.

Now, it’s been filing cases in Florida’s Miami-Dade county court for a Bill of Pure Discovery – a way to ask for subpoenas for the identities of dozens of people at once, with very little court oversight.

This is when most people become aware of the case against them. They receive a notice from their Internet Service Provider (e.g., AT&T, Comcast, Frontier, Optimum Online, Spectrum, etc.) stating that Strike 3 has subpoenaed the account holder’s identity. The notice will often state that the subscriber may file a Motion to Quash in order to block the subpoena.

If you have received one of these notices, please call us for more information. 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 Sues for More than 300 Identities

Filed Under: Bittorrent, By Plaintiff, Cablevision Subpoena, California, Cases, Colorado, Comcast Subpoena, Connecticut, Copyright, Cox, D.C., Federal, Florida, Illinois, Maryland, Michigan, Motion to Quash, New Jersey, New York, Ohio, Optimum Online, Pennsylvania, States, Strike 3 Holdings, Strike3 Holdings, Subpoena, Summons, Time Warner Subpoena, Verizon Subpoena, Virginia Tagged With: AT&T, bittorrent, california, comcast, connecticut, file sharing, Florida, frontier communications, Illinois, lawsuit, motion to quash, New Jersey, New York, optimum online, RCN, Spectrum, strike 3 holdings, summons, time warner, verizon

November 4, 2019 by Leonard J. French

After Federal Pushback, Strike 3 Holdings asks Florida State Court for Subpoena Power

Since August 1, 2019, Strike 3 Holdings has only filed 9 new Federal cases, with 7 cases in Florida and 2 in New Jersey. However, it appears that Strike 3 Holdings hasn’t stopped asking for internet subscribers’ identities; they’ve just changed tactics and are switching to state level courts.

In the past, Strike 3 Holdings has used MaxMind Geolocation services to determine the general region for an IP address. They then file a boilerplate lawsuit against the internet subscriber behind the IP address and request early discovery from the Internet Service Provider (ISP; e.g., Charter, Comcast, Cox, Optimum Online, RCN, Verizon, etc.) so they can name and serve the defendant. This is when most people find out about the lawsuit – when they receive a letter from their ISP stating that the subscriber’s identity is being subpoenaed by Strike 3 and information about filing a Motion to Quash.

However, more and more Federal Judges have been pushing back against Strike 3 Holdings. In several New Jersey cases, Magistrate Judge Schneider asked Strike 3 Holdings to provide more evidence to substantiate the claims they make in their complaints. After multiple hearings, the Judge denied Strike 3 Holdings’ request for early discovery, attacking their characterization that the lawsuits decrease copyright infringement, that the subscriber is necessarily the infringer that downloaded the files, and that Strike 3 Holdings does not request sufficient information from the ISP to guarantee that they have the correct identity for all dates listed in Exhibit A.

It’s possible that this pushback has led to Strike 3 Holdings changing tactics. They are now filing cases in Miama-Dade county court in Florida, at the state level, requesting a Pure Bill of Discovery. This is an old, rarely used form of relief available in Florida. It appears they are filing one case with numerous IP addresses listed and then asking for the Pure Bill of Discovery to get the identity of multiple internet subscribers at once, without regard to the fact that copyright infringement is under Federal jurisdiction and that many of the subscribers don’t even live in Florida. It looks like Strike 3 Holdings is attempting to bypass the Federal court system in order to get their discovery at a lower cost and with less responsibility.

If you have received a notice from your ISP that Strike 3 Holdings is using a subpoena to obtain your identity, either in Federal or State court, please do not hesitate to call. I would be happy to discuss what the case means, your options for defense, and what I recommend in your situation.

[Read more…] about After Federal Pushback, Strike 3 Holdings asks Florida State Court for Subpoena Power

Filed Under: Bittorrent, By Plaintiff, Cablevision Subpoena, Cases, Comcast Subpoena, Copyright, Cox, Federal, Florida, Motion to Quash, New Jersey, Optimum Online, Pennsylvania, States, Strike 3 Holdings, Strike3 Holdings, Subpoena, Summons, Time Warner Subpoena, Verizon Subpoena Tagged With: bittorrent, charter, comcast, cox, file sharing, Florida, lawsuit, motion to quash, optimum online, RCN, strike 3 holdings, summons, time warner, verizon

July 4, 2019 by Leonard J. French

Strike 3 Holdings files 20 more BitTorrent Cases in Illinois, Maryland, and Michigan

If You’ve Received a Notice from Strike 3 Holdings – Read This

Twenty more households across Illinois, Maryland, and Michigan will be receiving a notice from their Internet Service Provider (e.g., AT&T, Charter/Spectrum, XFinity/Comcast, Verizon, etc.) telling them that Strike 3 Holdings has subpoenaed the internet subscriber’s identity. Who is Strike 3 Holdings? Why do they want your identity? If they file so many cases, can the lawsuits just be ignored?

Strike 3 Holdings owns the rights to the adult film brands Vixen, Tushy, and Blacked. They are notorious for mass-filing lawsuits across the company that allege investigators observed an IP address downloading and sharing the company’s films on BitTorrent networks. Strike 3 Holdings then sues the IP address for copyright infringement.

However, an IP address is merely a unique identifier for an internet connection. In order to find the proper defendant (that is the person that downloaded the files), the Plaintiff subpoenas the Internet Service Provider (ISP) for the subscriber’s identity. Although many judges acknowledge that the subscriber may not be the person who committed the alleged infringements, courts across the country have rubber stamped Strike 3 Holdings’ efforts to identify someone willing to pay a settlement in order to make the lawsuit go away.

Most subscribers find out about the case when they receive a notice from their ISP. The ISP is obligated to comply with the subpoena unless a Motion to Quash is filed. This is a court 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. I’m happy to discuss with you whether filing a Motion to Quash or alternative motions is advisable in your case.

For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.

Although Strike 3 Holdings files thousands of these lawsuits, they are highly motivated to pursue anyone they believe can pay a settlement. Ignoring theses cases is dangerous. If a subscriber fails to respond after they have been served, Strike 3 Holdings can ask for a default judgement (where the court accepts the facts of the complaint as true) and can award thousands of dollars in damages per infringement.

If you’ve received one of these notices or have been served, it’s vital to retain counsel without delay. There are court-imposed timelines that must be adhered to in order to defend yourself. This Plaintiff is notoriously aggressive and an effective defense can help secure the best possible outcome for you.

[Read more…] about Strike 3 Holdings files 20 more BitTorrent Cases in Illinois, Maryland, and Michigan

Filed Under: Bittorrent, By Plaintiff, Cablevision Subpoena, Cases, Comcast Subpoena, Copyright, Cox, Federal, Illinois, Maryland, Michigan, Motion to Quash, Optimum Online, States, Strike 3 Holdings, Strike3 Holdings, Subpoena, Summons, Time Warner Subpoena, Verizon Subpoena Tagged With: bittorrent, charter, comcast, cox, file sharing, Illinois, lawsuit, Maryland, Michigan, motion to quash, optimum online, RCN, strike 3 holdings, summons, time warner, verizon

July 3, 2019 by Leonard J. French

Strike 3 Holdings Files 18 Cases in California in Only 3 Days

If You’ve Received a Notice from Strike 3 Holdings – Read This

Eighteen more households will be receiving a notice from their Internet Service Provider (e.g., AT&T, Charter/Spectrum, XFinity/Comcast, Verizon, etc.) telling them that Strike 3 Holdings has subpoenaed the subscriber’s identity. Who is Strike 3 Holdings? Why do they want your identity?

Strike 3 Holdings owns the rights to the adult film brands Vixen, Tushy, and Blacked. They are notorious for mass-filing lawsuits across the company that allege investigators observed an IP address downloading and sharing the company’s films on BitTorrent networks. Strike 3 Holdings then sues the IP address for copyright infringement.

However, an IP address is merely a unique identifier for an internet connection. In order to find the proper defendant (that is the person that downloaded the files), the Plaintiff subpoenas the Internet Service Provider (ISP) for the subscriber’s identity. Some judges have noted that it’s dubious to assume the internet subscriber (the person that pays the bill) is the same person who downloaded the material. After all, many homes have multiple people who use the same internet connection – and unauthorized use can occur. Yet, courts across the country have rubber stamped the subpoena process for Strike 3 Holdings to allow them to get the identities of internet subscribers to try to find a person willing to pay a settlement. The settlement amounts are carefully calculated to be just below the cost of an effective defense.

Most subscribers find out about the lawsuit when they receive a notice from their ISP. The ISP is obligated to comply with the subpoena unless a Motion to Quash is filed. This is a court 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. I’m happy to discuss with you whether filing a Motion to Quash or alternative motions is advisable in your case.

For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.

If you’ve received one of these notices or have been served with the lawsuit, it’s vital to retain counsel without delay. There are timelines imposed by the court that must be adhered to in order to defend yourself. This Plaintiff is notoriously aggressive and an effective defense can help secure the best possible outcome for you. Failing to respond in court once you have been served can result in a default judgement against you. Default judgments typically involve ruling in the Plaintiff’s favor and awarding thousands of dollars in damages per infringement in addition to the Plaintiff’s legal fees and costs.

[Read more…] about Strike 3 Holdings Files 18 Cases in California in Only 3 Days

Filed Under: Bittorrent, By Plaintiff, Cablevision Subpoena, California, Cases, Comcast Subpoena, Copyright, Cox, Federal, Motion to Quash, Optimum Online, States, Strike 3 Holdings, Strike3 Holdings, Subpoena, Summons, Time Warner Subpoena, Verizon Subpoena Tagged With: bittorrent, california, charter, comcast, cox, file sharing, lawsuit, motion to quash, optimum online, RCN, strike 3 holdings, summons, time warner, verizon

July 2, 2019 by Leonard J. French

Malibu Media and Strike 3 Holdings File 35 Cases in New York

If You’ve Received a Notice from Strike 3 Holdings or Malibu Media – Read This

Thirty-five more BitTorrent-based copyright infringement lawsuits have been filed in New York by Malibu Media (7 cases) and Strike 3 Holdings (28 cases). Malibu Media owns the rights to X-Art brand films and Strike 3 Holdings operates Vixen, Tushy, and Blacked. For any other type of Plaintiff, mass-filing these lawsuits would be extraordinarily difficult. These Plaintiffs, however, file nearly identical lawsuits, only changing the IP address accused of infringement and the list of alleged infringements. They allege their investigators observed an IP address repeatedly downloading the Plaintiff’s copyrighted works through BitTorrent networks and then sues each IP address for copyright infringement.

However, an IP address is merely a unique identifier for an internet connection. In order to find the proper defendant (that is the person that downloaded the files), the Plaintiff subpoenas the Internet Service Provider (e.g., Charter/Spectrum, XFinity/Comcast, Optimum/Altice, RCN, Verizon, etc.) for the subscriber’s identity. Some judges have noted that it’s dubious to assume the internet subscriber (the person that pays the bill) is the same person who downloaded the material. After all, many homes have multiple people who use the same internet connection – and unauthorized use can occur. The subscriber may not even live at the residence the internet is being provided for.

Yet, courts across the country have granted tremendous leeway to Malibu Media and Strike 3 Holdings to allow them to get the identities of internet subscribers to try to find a person willing to pay a settlement. The settlement amounts are carefully calculated to be just below the cost of an effective defense.

Most subscribers find out about the lawsuit when they receive a notice from their Internet Service Provider (ISP) notifying them 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 court 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. I’m happy to discuss with you whether filing a Motion to Quash or alternative motions is advisable in your case.

If you’ve received one of these notices or have been served with the lawsuit, it’s vital to retain counsel without delay. There are timelines imposed by the court that must be adhered to in order to defend yourself. This Plaintiff is notoriously aggressive and an effective defense can help secure the best possible outcome for you. Failing to respond in court once you have been served can result in a default judgement against you. Default judgments typically involve ruling in the Plaintiff’s favor and awarding thousands of dollars in damages per infringement in addition to the Plaintiff’s legal fees and costs.

For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.

[Read more…] about Malibu Media and Strike 3 Holdings File 35 Cases in New York

Filed Under: Bittorrent, By Plaintiff, Cablevision Subpoena, Cases, Comcast Subpoena, Copyright, Cox, Federal, Malibu Media, Motion to Quash, New York, Optimum Online, States, Strike 3 Holdings, Strike3 Holdings, Subpoena, Summons, Time Warner Subpoena, Verizon Subpoena Tagged With: bittorrent, charter, comcast, cox, file sharing, lawsuit, malibu media, motion to quash, New York, optimum online, RCN, strike 3 holdings, summons, time warner, verizon

  • Go to page 1
  • Go to page 2
  • Go to page 3
  • Interim pages omitted …
  • Go to page 19
  • Go to Next Page »

Primary Sidebar

Subpoena or Summons?

Received a notice of a subpoena to your ISP? Received a federal court summons? Attorney & Counselor Leonard J. French can help.

Florida Pure Bill of Discovery? I can tell you what is going on and what you can do about it. Read more in my subpoena defense guide…

Motion to Quash

Your Notice from your ISP may tell you to file a “Motion to Quash”. I can tell you what that is and whether filing a Motion to Quash is the right decision for you.

Call now: (888) 801-8681

These cases are serious. I can answer your questions. I can help you sleep again.

I handle your case - personally - from start to finish. See for yourself: call and talk to me now.

Experience & Full Service

I have personally represented over one thousand defendants in bittorrent-based copyright lawsuits around the country, including Malibu Media’s first trial, the ‘bellwether’ trial.

Call me at (888) 801-8681 anytime. If I can’t answer, please leave a message and I will call you back as soon as I can – even nights and weekends.

I offer reasonable, flat rates for most circumstances. Most rates range from $1,200 to $2,500 depending on the complexity of the case.

Contact me now:

    “really helped me understand”

    "It was an awesome decision to ask for help regarding copyright defense from Leonard J French. His insight and advice helped me through the situation with no bumps in the road. His services are very fairly priced, and his initial, free phone consultation was much longer than I expected, which really helped me understand the situation at hand before we even began to talk money. I would highly recommend Mr. French for any legal matters his firm covers."
    - a Copyright client

    "If you are in need of a Lawyer, do not hesitate to hire Mr. French. Kind, Compassionate and Knowledgeable."
    - Andrew

    More Testimonials

    Notice of subpoena to ISP?

    If you have received a notice that your internet service provider has been subpoenaed in a lawsuit, you may still have time to protect your identity and keep your anonymity.

    Many defendants have to make the tough decision about fighting or settling their case. There are many details which determine the outcome of one of these cases.

    Call me now and I will help you understand where you are and how to best proceed.

    (888) 801-8681 anytime.

    Most Recent Updates

    • Strike 3 Holdings Files More Federal Lawsuits in California, Connecticut, and Florida February 8, 2021
    • Strike 3 Holdings Files 23 Federal Lawsuits in Texas February 6, 2021
    • Strike 3 Holdings Files 11 Federal Lawsuits in Illinois January 24, 2021
    • Strike 3 Holdings Files 14 Federal Lawsuits in Michigan January 23, 2021
    • Strike 3 Holdings Files 17 More Federal Lawsuits in Virginia and Washington, DC January 22, 2021
    • Strike 3 Holdings Files 19 More Federal Lawsuits in New York January 21, 2021
    • Strike 3 Holdings Files 23 Federal Lawsuits in New Jersey January 20, 2021
    • Strike 3 Holdings Files 14 More Federal Lawsuits in Maryland January 20, 2021
    • Strike 3 Holdings Files 15 Federal Lawsuits in Pennsylvania January 19, 2021
    • Strike 3 Holdings Files 54 More Federal Lawsuits in California January 18, 2021

    Case Update Calendar

    February 2021
    M T W T F S S
    1234567
    891011121314
    15161718192021
    22232425262728
    « Jan    

    Footer

     
    Call now: 888-801-8681

    This is Attorney Advertising
    • Home
    • F.A.Q.
    • California
    • Colorado
    • Connecticut
    • D.C.
    • Florida
    • Illinois
    • Maryland
    • Michigan
    • New Jersey
    • New York
    • Ohio
    • Pennsylvania
    • Virginia

    Copyright © 2021 · Executive Pro on Genesis Framework · WordPress · Log in