Strike 3 Holdings continues to ask for hundreds of internet subscriber identities. On May 20, 2020, they asked a Miami-Dade county court to grant 125 subpoenas for Frontier and Cox Communications internet subscribers through a little-known motion called a Bill of Pure Discovery, where the only relief sought is early discovery in the case. Strike 3 alleges their investigators recorded IP addresses of people downloading their films (marketed under the Vixen, Tushy, and Blacked brands) through BitTorrent networks. Strike 3 argues that to sue each infringer in Federal court, they need the identities of the subscriber behind the IP address.
This is flawed for a number of reasons. First, there’s no evidence that the subscriber behind the IP address is the infringer sought by Strike 3. Second, the Miami-Dade county court has no jurisdiction over copyright matters nor non-Florida residents/businesses. Still, they list IP addresses geolocated across the country, including from Connecticut, Nebraska, Arizona, Virginia, Nevada, Washington, Oregon, North Carolina, California, and Texas.
Despite the weakness of the Bills of Pure Discovery, Strike 3 is routinely granted these subpoenas, allowing them to 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 Frontier Communications, Cox Communications, or Optimum Online and you’re considering a Motion to Quash, settling, or fighting in court, please call us at 888.801.8681 or email. 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.
Yours,
Leonard French