Strike 3 Holdings started the New Year by filing 15 new BitTorrent-based copyright cases in New York. Each complaint is nearly identical and alleges that an overseas investigator recorded the IP address downloading and sharing Strike 3 Holdings’ adult films through BitTorrent networks. Its films are marketed under the Tushy, Vixen, Blacked, and Blacked Raw brands.
Strike 3 Holdings sues each unnamed internet subscriber as a “John Doe”, identified only through an IP address. It then requests a subpoena to the subscriber’s internet service provider (ISP) compelling them to reveal the account holder’s identity. Once identified, Strike 3 Holdings serves the Defendant with a summons that must be answered in court or the Defendant could face a default judgement against them.
Often, a defendant first discovers the lawsuit when they receive a letter from their ISP notifying them of the subpoena and the possibility to file a Motion to Quash. A Motion to Quash is a request to the courts to stop (or “quash”) the subpoena. Motions to Quash are complex in these cases as the subpoena is between the Plaintiff and the ISP, therefore the subscriber is a third party. If a subscriber wishes to remain anonymous, it is important to secure representation early. This can provide for more options to protect your identity and fight the allegations.