Strike 3 Holdings started the New Year by filing 15 new BitTorrent-based copyright cases in New York. Each complaint is nearly identical and alleges that an overseas investigator recorded the IP address downloading and sharing Strike 3 Holdings’ adult films through BitTorrent networks. Its films are marketed under the Tushy, Vixen, Blacked, and Blacked Raw brands.
Strike 3 Holdings sues each unnamed internet subscriber as a “John Doe”, identified only through an IP address. It then requests a subpoena to the subscriber’s internet service provider (ISP) compelling them to reveal the account holder’s identity. Once identified, Strike 3 Holdings serves the Defendant with a summons that must be answered in court or the Defendant could face a default judgement against them.
Often, a defendant first discovers the lawsuit when they receive a letter from their ISP notifying them of the subpoena and the possibility to file a Motion to Quash. A Motion to Quash is a request to the courts to stop (or “quash”) the subpoena. Motions to Quash are complex in these cases as the subpoena is between the Plaintiff and the ISP, therefore the subscriber is a third party. If a subscriber wishes to remain anonymous, it is important to secure representation early. This can provide for more options to protect your identity and fight the allegations.
Although each lawsuit is similar, every case represents potentially thousands of dollars in damages per infringement if not properly defended against. These companies invest money into each case and hope to maximize the damages for their financial benefit. These notices are serious. If you do not respond, the 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.
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.