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Strike 3 Holdings’ New Tactics to Get Internet Subscriber Identities

For several years, Strike 3 Holdings was one of the most prolific filers of Federal copyright infringement claims, especially against “John Doe” Defendants, identified only by an IP address. They would then file a motion for early discovery to serve a subpoena on an internet service provider, such as Comcast, to get the identity of the Defendant who they claim downloaded their films (marketed under the brands Vixen, Tushy, and Blacked) through bittorrent networks. However, each Federal lawsuit filed cost them hundreds of dollars and not all subpoenas led to a Defendant they could move forward with a lawsuit against (e.g., a coffee shop). A growing number of Federal judges were scrutinizing these subpoenas and Strike 3 was being forced out of more and more courts.

It now appears that Strike 3 Holdings is cutting costs and avoiding Federal oversight by applying for dozens and dozens of subpoenas at once in Miami-Dade county court in Florida through a little-known type of complaint known as a Bill of Pure Discovery. Despite the fact that Florida county court doesn’t have jurisdiction over copyright claims or most of the subscribers identified, Strike 3 has been able to get approval for hundreds of subpoenas for internet subscriber identities. For example, on June 3, Strike 3 filed for 94 identities from across the country, including subscribers in California, Connecticut, Maryland, New Jersey, Pennsylvania, and Virginia.

Once Strike 3 Holdings has the identity of a subscriber, they demand a settlement carefully calculated to be just below the amount of an effective defense. If a settlement isn’t offered promptly, they file a Federal lawsuit against the subscriber. Strike 3 also waits until each IP address is accused of dozens of infringements. Each infringement is worth, at minimum, $750 in statutory damages, meaning many of these cases could result in tens or even hundreds of thousands of dollars if the Defendant lost in court. For example, the complaint from June 3 alleged 28 – 249 infringements per IP address. This means at minimum, each Defendant could be liable for between $21,000 – $186,750 in statutory damages. These lawsuits are serious and Strike 3 is notoriously aggressive.

Many defendants have fought Strike 3 subpoenas by filing Motions to Quash (a request 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 across the country, both in negotiating settlements and litigating in court. If you’ve received a notice from Comcast Communications 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.

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Strike 3 Holdings Rushes to get Internet Subscriber Identities from Across the Country

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.

[Read more…] about Strike 3 Holdings Rushes to get Internet Subscriber Identities from Across the Country

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Strike 3 Holdings Files for 24 More Identities from California

Strike 3 Holdings is ramping up their efforts to discover an ever-growing list of internet subscribers, including 24 identities across California, including in Whittier, Cerritos, La Quinta, and Santa Barbara. They do this through a little known procedure in Florida called a Bill of Pure Discovery. They claim that their investigators have recorded these IP addresses downloading their Vixen, Tushy, or Blacked-branded films through BitTorrent networks. They request subpoenas for the identities of internet subscribers from internet service providers like Cox Communications and Frontier Communications so, they claim, they can file Federal lawsuits against these individuals. However, they use the threat of a lawsuit to extract sizable settlements.

These subpoenas are flawed for a number of reason. First, because they are requested from a Miami-Dade county court, which has no jurisdiction over copyright matters. Second, the subscribers’ IP addresses are geolocated to California, meaning subscribers are unlikely to live or work in Florida. Third, they are requesting the subscriber’s identity, yet, there is no guarantee that the person who pays the internet bills is the same person responsible for the infringing activity.

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 Frontier Communications or Cox Communications 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.

[Read more…] about Strike 3 Holdings Files for 24 More Identities from California