On August 15 and 16, Strike 3 Holdings and Malibu Media filed a combined 93 lawsuits in addition to the 51 filed earlier this week. Strike 3 Holdings was responsible for the majority of the lawsuits, filing 19 in California, 7 in Nevada, 12 in Texas, 4 in Maryland, 25 in Michigan, 6 in New York, and 13 in Virginia. Malibu Media also filed 7 lawsuits in Virginia during the same time period.
It appears the record-breaking pace at which Strike 3 Holdings and Malibu Media file lawsuits is only speeding up. They are capable of filing such an extraordinary amount of lawsuits because each one is so similar. They begin by identifying an IP address they claim contributed to downloading and sharing of their copyrighted adult films through Bittorrent and then sue the unnamed account holder as a John Doe. As they only have an IP address, they then ask the courts to subpoena the defendant’s identity from the Internet Service Provider so the defendant can be formerly served.
Because federal civil lawsuits are generally public record, the resulting lawsuit is easily visible when doing online searches under the defendant’s name. This is understandably distressing for many defendants as this has the ability to impact them professionally and privately. The plaintiffs know that the potentially embarrassing nature of being accused of downloading adult films can create additional motivation for defendants to settle.
Defendants usually first learn they are being sued when they receive a letter from their ISP that informs them the plaintiff has requested their identity. 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.