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May 14, 2020 by Leonard J. French

Strike 3 Holdings Puts Pressure on Internet Subscribers by Filing Federal Lawsuits in Across the Country

As previously described, Strike 3 Holdings has filed requests for hundreds upon hundreds of internet subscribers’ identities based on bare bones allegations that their investigators observed IP addresses downloading Vixen, Tushy, or Blacked branded films through BitTorrent networks. They do this through a ‘Pure Bill of Discovery’ in Miami-Dade county court where the only relief they ask for is a subpoena for the internet subscriber’s identity. This is flawed for a number of reasons, not the least of which is that Miami-Dade county court has no jurisdiction over copyright matters and most of the internet subscribers are not in Florida.

Many defendants have fought the improper subpoenas 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 has filed more than 80 Federal cases this year. Most cases have been filed in California (38 cases) and Florida (15 cases). Additional cases have been filed in New York (10 cases), Illinois (9 cases), New Jersey (6 cases), Michigan (3 cases), Nevada (3 cases), Connecticut (2 cases), and Virginia (1 case). Approximately half of these cases include a request for a subpoena to get the subscriber’s identity from their Internet Service Provider.

Since in half the cases Strike 3 already has the Defendant’s identity, this means this Plaintiff is aggressive whether defendants fight with a motion to quash or not.

Notably, Strike 3 is usually successful in receiving a second subpoena from Federal courts. However, there are some districts in which they have been denied. If you have received a notice from your ISP that Strike 3 has subpoenaed your identity or has filed a Federal lawsuit against you, please don’t hesitate to contact us. We can explain what the case means, your options for defense, and what we recommend in your situation. We focus on exactly this type of litigation and have defended people across the country. Please be ready with your case number and IP address associated with your case.

These cases are serious. Statutory copyright infringement damages are often calculated at $2,250 per infringement. We have experience defending against these new tactics and will be able to help explain what the case means, your options for defense, and recommend the best path forward for you.

May 9, 2020 by Leonard J. French

Strike 3 Holdings Subpoenas 278 Identities in California, Texas, New Jersey, and Maryland

Strike 3 Holdings has ramped up their efforts to uncover internet subscriber identities in order to demand settlements for alleged copyright infringement. They’ve filed three new Bills of Pure Discovery in Miami-Dade County court in Florida, listing a total of 278 IP addresses, with most of these subscribers from California (217) and Texas (61), although there were some located in New Jersey (3) and Maryland (5). The cases were directed at Comcast, Spectrum, and AT&T internet subscribers. Common cities targeted in California were Los Angeles, San Diego, San Francisco, and San Jose. Common cities targeted in Texas included Houston and Dallas.

Strike 3 submits nearly identical filings in each case, claiming that the subscribers behind the listed IP addresses have infringed on their copyrights by downloading Vixen, Tushy, and Blacked branded films through BitTorrent networks. They then ask the Miami-Dade County Court for relief in the form of subpoenas to uncover the subscriber’s identity. They then use this information to file Federal copyright lawsuits across the country if a settlement isn’t offered.

This is a new strategy. Previously, Strike 3 filed individual Federal lawsuits against each IP address. However, this was expensive, time consuming, and many cases didn’t result in a settlement. By asking a Miami-Dade court for subpoenas, they can ask for hundreds of identities at once, avoid the oversight of Federal courts, save money, and speed up the pace of demanding settlements.

If you have received a notice from your ISP that Strike 3 has subpoenaed your identity, don’t hesitate to contact us. We can explain what the case means, your options for defense, and what we recommend in your situation. We focus on exactly this type of litigation and have defended people across the country. Please be ready with your case number and IP address associated with your case.

One option is to file a Motion to Quash, which is a way to ask the court to cancel the subpoena. Without a Motion to Quash, your ISP is required to release your identity. Motions to Quash in Miami-Dade court generally argue a lack of jurisdiction because copyright cases belong in Federal courts in the district where the subscriber lives. However, filing a Motion to Quash in Florida may not be the end of the case and Strike 3 can become more demanding, filing a Federal lawsuit in the correct district to get their subpoena. In California, Federal Motions to Quash have had mixed results. If you are considering a Motion to Quash, please contact us without delay so we can explain the benefits and risks.

April 30, 2020 by Leonard J. French

Strike 3 Holdings Uses New Tactics to Subpoena 650+ Identities

Since February, Strike 3 Holdings has asked a Florida Miami-Dade County court for subpoenas for more than 650 internet subscriber identities from AT&T, Comcast, Cox Communications, Optimum Online, Spectrum, and Verizon. They’re using an obscure provision under state law called a Bill of Pure Discovery However, these subpoenas are on very shaky ground. Strike 3’s claims fall under copyright law, which is under Federal jurisdiction. The second issue is that most of the IP addresses are not located within Florida. This means that someone who has never been to Florida, didn’t commit any copyright infringement in Florida, and has no business there, can still have their identity subpoenaed through a Florida court.

Strike 3 Holdings was once known for filing thousands of John Doe copyright infringement lawsuits against individual IP addresses in Federal court. They typically allege that their investigators observed the IP address downloading Strike 3’s movies (marketed under the brands Vixen, Tushy, and Blacked) through BitTorrent networks. However, an IP address is not a person, so they would file motions for early discovery to allow them to subpoena an internet subscriber’s identity from the ISP. However, this was expensive. Each lawsuit cost $400 to file and the subscriber information they received may have meant they couldn’t reasonably pursue a copyright case (e.g., if the subscriber was a coffee shop).

By filing in county court, they can subpoena hundreds of identities for a few hundred dollars. If anyone tries to challenge the legitimacy of the case through a Motion to Quash, Strike 3 dismisses those IP addresses from the case. However, that may not be the end of the case for that individual. If you’ve received a notice that your identity has been subpoenaed, please contact us so we can explain the benefits and risks of filing a Motion to Quash.

January 30, 2020 by Leonard J. French

Strike 3 Holdings Sues for More than 300 Identities

Although it appeared that Strike 3 Holdings was slowing down how many Federal lawsuits it was filing, it’s actually increasing the speed at which it is trying to discover identities of internet subscribers it alleges have downloaded its films through BitTorrent networks. From November 20, 2019 to January 27, Strike 3 requested the identities of more than 300 subscribers.

Strike 3 owns the rights to Vixen, Tushy, and Blacked branded adult films. It hires investigators to monitor BitTorrent traffic and record IP addresses that download and share its films. Previously, it filed Federal lawsuits against the IP addresses, looking for a settlement in order to dismiss the case. However, each case filing was at the cost of $400 in court fees alone. It would have cost more than $120,000 in filing fees alone.

Now, it’s been filing cases in Florida’s Miami-Dade county court for a Bill of Pure Discovery – a way to ask for subpoenas for the identities of dozens of people at once, with very little court oversight.

This is when most people become aware of the case against them. They receive a notice from their Internet Service Provider (e.g., AT&T, Comcast, Frontier, Optimum Online, Spectrum, etc.) stating that Strike 3 has subpoenaed the account holder’s identity. The notice will often state that the subscriber may file a Motion to Quash in order to block the subpoena.

If you have received one of these notices, please call us for more information. These cases are serious. Statutory copyright infringement damages are often calculated at $2,250 per infringement. We have experience defending against these new tactics and will be able to help explain what the case means, your options for defense, and recommend the best path forward for you.

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