In June and August, Colorado was hit by 30 Strike 3 Holdings lawsuits concerning alleged file sharing of adult films. They target individual IP addresses they claim their investigators observed participating in downloading and sharing their films through BitTorrent network protocols.
Colorado is not only in being targeted. Strike 3 Holdings has filed thousands of nearly identical complaints around the country. They demand thousands in damages for every infringement, despite the cost of legally accessing the material is significantly less than this. Strike 3 Holdings owns the copyrights to films in the Vixen, Tushy, Blacked, and Blacked Raw brands.
Normally, it would be difficult and time consuming to file so many lawsuits but Strike 3 Holdings files nearly identical complaints each time. They begin by identifying an IP address they claim participated in downloading and sharing of their films through Bittorrent and then sue the unnamed account holder as a John Doe. As they only have an IP address, they ask the courts to subpoena the defendant’s identity from the Internet Service Provider (ISP) so the defendant can be formally served.
Defendants usually first learn they are being sued when they receive a letter from their ISP that informs them the plaintiff has subpoenaed their identity. Because federal civil lawsuits are generally public record and easily searchable, many defendants wish to remain anonymous to minimize the suit’s effect on their private and professional lives. If a defendant wishes to remain anonymous, it is vital they retain counsel without delay.
The online nature of the alleged infringement also presents a challenge to defendants wishing to put forth a full legal defense. Defendants often find the litigation to more complicated, protracted, and expensive than a simple case of file-sharing would initially seem.
If you have received a notice in one of these cases, please don’t hesitate to call me immediately at 888.801.8681. If calling after-hours, please leave a message; I do return calls after-hours.
I have years of experience defending file-sharing lawsuits and can help you achieve the best outcome possible. I have defeated several copyright plaintiffs in lawsuits around the U.S.; I also fought Malibu Media in their first trial. I’ve represented over 600 defendants in both settling and litigating file-sharing lawsuits. I’ve written a subpoena defense guide for your information, as well.
I look forward to speaking with you and helping you put this matter behind you. Please don’t hesitate to call. 888.801.8681.