The holidays have been busy for file-sharing lawsuits in Illinois as Malibu Media and Strike 3 Holdings have filed 30 more copyright cases. In December, Strike 3 Holdings filed 8 more BitTorrent cases, while Malibu Media filed 22 cases on Christmas Eve and Boxing Day. This has been a record breaking year for both companies. Since January, Malibu Media has filed more than 150 suits in Illinois while Strike 3 Holdings has filed more than 100 cases. Both companies are notorious mass-filers of copyright suits across the country, suing “John Doe” internet subscribers, identified only through their IP addresses.
Strike 3 Holdings owns the rights to Vixen, Tushy, Blacked, and Blacked Raw while Malibu Media owns the rights to X-Art. Although different companies, they operate very similarly. They hire overseas investigators to monitor BitTorrent activity and record any IP addresses observed sharing the Plaintiffs’ 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 are informed by 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 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.
For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.
Many defendants wish to defend anonymously because federal civil lawsuits are generally public record and easily searchable. For those who wish to minimize the suit’s effect on their private and professional lives, it is vital they retain counsel without delay.
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.