Strike 3 Holdings has filed requests for 71 more subpoenas for Optimum Online internet subscribers from New York (48 cases), New Jersey (21 cases), and Connecticut (2 cases). They allege these IP addresses were observed downloading Strike 3’s films (marketed through the Vixen, Tushy, and Blacked brands) through BitTorrent networks.
They want to sue the subscribers behind the IP address for copyright infringement but argue they need the subscribers’ identity first. To get this, they ask a Miami-Dade county court in Florida to grant an obscure form of relief called a ‘Pure Bill of Discovery’, which allows them to subpoena the internet service provider for subscriber information. This is flawed for a number of reasons, especially since Miami-Dade county court has no jurisdiction over copyright matters and likely none of these internet subscribers live in or conduct business in Florida.
If Strike 3 gets the subscribers’ identities, they then file a Federal copyright lawsuit, which can carry hefty damages of at least $750 per infringement, with damages often requested to be tripled to $2,250 for “willful” infringement. Strike 3 usually waits until there are dozens and dozens of infringements alleged, meaning each case can be worth tens or even hundreds of thousands of dollars in damages. These lawsuits are serious and Strike 3 is notoriously aggressive.
Many defendants have fought Strike 3 subpoenas in Miami-Dade county court by filing Motions to Quash (a request for the court to cancel the subpoena) and are successful at first, as Strike 3 will drop the Defendant from that case. However, this may not be the end. Strike 3 Holdings can become more aggressive after seeing resistance and seem to be willing to file Federal lawsuits in the correct jurisdiction in order to get an identity and sue.
Sometimes, filing a Motion to Quash is still advantageous. I’ve defended hundreds of cases against Strike 3 Holdings and similar Plaintiffs, both in negotiating settlements and litigating in court. If you’ve received a notice from Optimum Online and you’re considering a Motion to Quash, settling, or fighting in court, please call us at 888.801.8681 or email us. Please have your case number and IP address ready. We’re happy to explain your options for defense and recommend the best way forward.
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 800 defendants in both settling and litigating file-sharing lawsuits. I’ve written a subpoena defense guide for your information, as well. I’m happy to represent clients for both negotiating a settlement and fighting the case in court.
I understand most people haven’t prepared for large, unexpected legal expenses and strive to respect clients’ time and money. I offer flat fees for negotiating settlements to give my clients certainty. I’ve also represented lower income clients both in negotiations and in court and will do my best to work within your means. I’m happy to speak with you to help advise you on what strategy is best in your situation.
I look forward to speaking with you and helping you put this matter behind you.