Strike 3 Holdings and Malibu Media filed 44 new file-sharing lawsuits in New Jersey against unnamed internet subscribers. Strike 3 Holdings filed 28 suits, while Malibu Media took 3 days to file 16 additional lawsuits. These lawsuits are virtually identical and all allege foreign investigators monitored BitTorrent activity and identified each IP address as downloading several of the Plaintiffs’ adult films. Strike 3 Holdings owns the rights to Vixen, Tushy, Blacked, and Blacked Raw and Malibu Media owns the rights to X-Art. There seems to be no end to the lawsuits as unsuspecting internet subscribers find themselves caught up in what Judge Lamberth of Washington, DC described as a “high tech shakedown” where the Plaintiffs treat the court system “as an ATM.”
Although separate companies, both Plaintiffs operate in the same way. Because the Plaintiffs do not know who downloaded the films, they sue a “John Doe” identified only through the IP address. They then subpoena the internet service provider to discover the name of the internet subscriber. Usually the defendant first finds out about the lawsuit when they receive a letter from their ISP to notify them about the subpoena and the possibility to file a motion to quash to stop the release of their identity.
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.
Although downloading through BitTorrent may feel commonplace, the lawsuits against alleged downloaders are serious and represent potentially thousands of dollars in damages per infringement. When multiple infringements are alleged, damages granted by the court can easily escalate into 10’s or 100’s of thousands of dollars. This makes an early and effective defense against these suits all the more important. For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.
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.
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.