Strike 3 Holdings has been filing lawsuits at a breakneck pace. The 9 cases in Colorado, 10 in Illinois, 4 in Maryland, 9 in Michigan, and 10 in Pennsylvania represent only a portion of the cases filed across the country. Each lawsuit is nearly identical. Strike 3 claims they hired investigators to monitor BitTorrent traffic for IP addresses they allege download and share Strike 3’s films. Strike 3 owns the rights to Vixen, Tushy, and Blacked. The Plaintiff then files a lawsuit against the subscriber the IP address belongs to.
Since the Plaintiff only has an IP address, they ask for a subpoena to find out the name of the internet subscriber the IP address belongs to. However, this is a tenuous connection. Many people, with and without permission, may have access to a person’s internet connection. Sometimes the subscriber doesn’t even live where the internet is being provided, such as when the subscriber is a landlord. There are numerous other reasons a subscriber may not be the one responsible for copyright infringement.
Most subscribers find out about the lawsuit when they receive a notice from their Internet Service Provider (e.g., Charter, Comcast, Optimum Online, RCN, Spectrum, Time Warner Cable, etc.) saying they have received a subpoena from Strike 3 Holdings to discover the subscriber’s identity. The ISP is obligated to comply with the subpoena unless a Motion to Quash is filed. This is a motion to void or “quash” the subpoena. However, Motions to Quash are complex in these cases as the subpoena is between the Plaintiff and the ISP, meaning the subscriber is a third party.
If you’ve received one of these notices or have even been served with the lawsuit, it’s vital to retain counsel without delay. This Plaintiff is notoriously aggressive and an effective defense can help secure the best possible outcome for you.
If you does not try to fight the subpoena, they may be served with the complaint – meaning you now have 21 days to respond in Federal court or risk a default judgement. Default judgments typically mean a ruling in the Plaintiff’s favor and awarding thousands of dollars in damages per infringement in addition to the Plaintiff’s legal fees and costs.
For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.
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.