Strike 3 Holdings is one of the most prolific filers of copyright infringement cases, requesting thousands of identities of anonymous internet subscribers through subpoenas to internet service providers (e.g., Atlantic Broadband, Comcast, Cox, Charter, Frontier, Spectrum, RCN, etc.). They claim their investigators have observed various IP addresses downloading Strike 3’s films (marketed under the Tushy, Vixen, and Blacked brands) through BitTorrent networks.
However, filing a Federal lawsuit against each subscriber is costly. Recently, they’ve started to request dozens – sometimes more than 100 – identities at a time using a Bill of Pure Discovery, filed in Miami-Dade Florida. Many people first find out about the case when they receive a notice of the subpoena through their ISP, and are told about a Motion to Quash. This is a a type of motion to cancel or “quash” the subpoena. The case for a Motion to Quash is strong in Florida, particularly because state courts do not have jurisdiction over copyright matters, and because most of the subscribers are not Florida residents.
Strike 3 has typically dismissed the case against anyone who files a Motion to Quash in Florida state court, but it appears this is only a temporary reprieve, as they are now filing dozens of Federal lawsuits, including against people who were dismissed from a former Miami-Dade lawsuit.
Strike 3 has already filed 23 Federal cases in October alone, meaning they’re filing an average of 2 per day. They’ve filed across the country, including California (8 cases), Illinois (1 case), Florida (3 cases), Maryland (9 cases), Michigan (1 case), and New York (1 case).
The argument for a Motion to Quash is more complex in Federal cases as the case is often filed in the correct jurisdiction. If you’re considering a Motion to Quash, please contact me. I’ve defended over 1,000 people against Plaintiffs like Strike 3 Holdings and have significant experience with Motions to Quash. I can help explain when they can be helpful and when they could potentially be harmful. I work with a team of lawyers across the country to provide the best defense, no matter where you are.
Strike 3 Holdings is notoriously aggressive in pursuing each case, and each allegation is serious. The Plaintiff sees each infringement as worth at least $750, which they often ask to treble to $2,250 for what they see as “willful infringement”. Strike 3 Holdings cases, if lost in court, could easily cost $10,000s, or even $100,000s. However, the Plaintiff is often willing to settle for less or may even dismiss the case when a defendant puts up an adequate defense. This is why it’s so important to contact an experienced attorney right away.
If you’ve received a notice from your internet service provider, please contact me. I can explain your options for defense and recommend the best way forward for your situation. I’ve represented more than 1,000 people across the country, and focus my practice on defending against BitTorrent based lawsuits. I’m very familiar with this Plaintiff and can give you individualized guidance for your case.
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 1,000 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.