Strike 3 Holdings, joined by Malibu Media, continue to mass file copyright lawsuits against John Doe internet subscribers they allege downloaded their copyrighted material through BitTorrent networks. Over 3 days, Strike 3 Holdings filed 85 lawsuits in California (26 cases), Florida (3 cases), New Jersey (26 cases), and New York (30 cases). Malibu Media filed an additional 6 cases in Illinois (3 cases) and Michigan (3 cases). These case are in addition to 83 similar lawsuits already filed in the first half of September.
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 both hire investigators to monitor Bittorrent networks and record the IP addresses of people allegedly downloading their copyrighted material. They then sue the subscriber associated with the IP address. However, in order to properly serve the defendant, they subpoena the identity of the subscriber from the Internet Service Provider.
Although these lawsuits are filed regularly, they are serious for the defendant. The Plaintiffs consider each alleged infringement as worth $1,000s in damages if they win in court.
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.