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.
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.
Many defendants also 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.
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.
Yours,
Leonard French