Strike 3 Holdings and Malibu Media have continued to sustain their record breaking pace of filing copyright infringement lawsuits. Combined, they filed more than 80 lawsuits in the past week. Malibu Media was particularly active, filing 12 lawsuits in Illinois, 3 in Michigan, 15 in New York, and 16 in Texas. Strike 3 Holdings filed an additional 9 lawsuits in Colorado, 4 in Illinois, 10 in Maryland, and 12 in Pennsylvania. In August, Malibu Media has filed more than 100 cases and Strike 3 Holdings has filed more than 300. Combined, they file more than a dozen lawsuits a day on average.
Normally, it would be extremely difficult to file hundreds of lawsuits against individuals in less a month, however, Strike 3 Holdings and Malibu Media file nearly identical suits 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 affect 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.
Yours,
Leonard French