Malibu Media and Strike 3 Holdings continue to blanket the country in copyright lawsuits against John Doe internet subscribers they allege downloaded their copyrighted material through BitTorrent networks. September has already seen 83 lawsuits filed by Malibu Media and another 57 by Strike 3 Holdings. Malibu Media has filed 5 lawsuits in Connecticut, 8 in Maryland, 16 in Michigan, 11 in New Jersey, 22 in New York, 13 in Pennsylvania, 8 in Texas, and 8 in Virginia. During the same time period, Strike 3 Holdings filed 8 lawsuits in Connecticut, 6 in Florida, 9 in Illinois, 24 in Michigan, and 10 in New York.
Although Malibu Media and Strike 3 Holdings are separate companies that own separate brands (Malibu Media owns the rights to X-Art brand films and Strike 3 Holdings owns rights to Tushy, Vixen, Blacked, and Blacked Raw), the two Plaintiffs are very similar in their approach. 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.