Strike 3 Holdings, one of the largest filers of online copyright infringement lawsuits in the United States, has filed 52 more lawsuits in California over just 5 weeks. The reason why Strike 3 Holdings can file so many lawsuits in such a short period of time is because each lawsuit is nearly identical.
Strike 3 owns the rights to several adult film brands, including Vixen, Tushy, Blacked, and Blacked Raw. It claims that it uses an overseas investigator to monitor BitTorrent traffic. The investigators record each IP address that they observe sharing one of Strike 3’s films. They then file a lawsuit against the internet subscriber to which the IP address is assigned. It argues that in order to properly name and serve the complaint on the defendant, it needs to subpoena the identity of the internet subscriber from the Internet Service Provider (e.g., Comcast, Verizon, Optimum Online, Time Warner, etc.).
Many people first discover the lawsuit when they receive a notice from their ISP that Strike 3 Holdings has subpoenaed their identity. As the subpoena acts like a court order, the only way to fight it is through filing a Motion to Quash. Motions to Quash are complicated in these cases as the subpoena is between the Plaintiff and the ISP, meaning the internet subscriber is a third party.
These notices are serious. If you do not respond, your 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. If you do not respond to the complaint in court, the Plaintiff can ask for a default judgement, where damages can be in the $1,000s per infringement plus attorneys fees and costs.
For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.
Many defendants 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.