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Strike 3 Holdings Files 133 new cases in California

Reddit user /u/beardfearer may fear beards, but not copyright noticesStrike 3 Holdings was active over the holiday season, filing 133 new copyright infringement lawsuits in California. This represents approximately 2 lawsuits every day. Although each lawsuit is against a different internet subscriber, the allegations are nearly identical in each case. The Plaintiff alleges an IP address was used to download and share the Plaintiff’s adult films (marketed under the Tushy, Vixen, Blacked, and Blacked Raw brands) through BitTorrent networks.

They then sue each unnamed internet subscriber as a “John Doe”, identified only through an IP address. They then request the courts to grant a subpoena to the subscriber’s internet service provider (ISP) so they can learn the user’s identity. Once identified, they serve the Defendant with a summons that must be answered in court or the Defendant could face a default judgement against them.

Often, a defendant first discovers the lawsuit when they receive a letter from their ISP notifying them of the subpoena and the possibility to file a motion to quash. 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 fight the allegations.

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Malibu Media Files 5 More File Sharing Lawsuits in Virginia

Reddit user /u/beardfearer may fear beards, but not copyright noticesIn just one day, Malibu Media filed another 5 BitTorrent-based lawsuits in Virginia. This has been a record breaking year for the company, as they have filed more than 1,000 copyright infringement lawsuits across the country. Almost 80 of those lawsuits have been in Virginia, averaging more than a lawsuit per week!

Malibu Media claims to hire overseas investigators that monitor BitTorrent activity and record any IP addresses that allegedly download or share the X-art brand adult films. The Plaintiff then sues the IP address as a “John Doe” and requests the court issue a subpoena to the Internet Service Provider (ISP) so the subscriber can be identified and served with the complaint.

Often, a defendant first discovers the lawsuit when they receive a letter from their ISP notifying them of the subpoena and the possibility to file a motion to quash. 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 fight the allegations.

Although each lawsuit is similar, every case represents potentially thousands of dollars in damages per infringement if not properly defended against. These companies invest money into each case and hope to maximize the damages for their financial benefit. These notices are serious. If you do not respond, the ISP is obligated to provide your identity to the Plaintiff, which allows them to serve you with a summons and complaint. Once you are served, you typically have 21 days to respond in Federal court.

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Strike 3 Holdings Files 12 New Lawsuits in Eastern Virginia

Reddit user /u/beardfearer may fear beards, but not copyright noticesStrike 3 Holdings has filed another dozen file-sharing lawsuits in Eastern Virginia. They claim that foreign investigators monitor BitTorrent networks and record IP addresses associated with downloading and sharing the Plaintiff’s adult films, which are marketed under the brands Vixen, Tushy, Blacked, and Blacked Raw. Despite already filing more than 2,000 lawsuits this year, Strike 3 Holdings doesn’t appear to be slowing down.

This deluge in lawsuits has caused some judges to question the Plaintiff’s tactics and sincerity in defending their copyrights. As Judge Lamberth of Washington, DC described, Strike 3 Holdings seems to be engaging in a “high tech shakedown” that treats the court system “as an ATM.”

But how are these Plaintiffs able to file so many lawsuits across the country? One reason is because each lawsuit is virtually identical, with only the IP address and details of the observed infringements differing. They sue each IP address as a “John Doe” and 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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