Strike 3 Holdings has filed 34 new federal copyright lawsuits in New Jersey (22 cases) and New York (12 cases) over the span of just a few days. Strike 3 owns the rights to adult films marketed under the Tushy, Vixen, and Blacked brands, and is one of the most prolific copyright plaintiffs in the country.
They’re able to file so many lawsuits because each suit is nearly identical, except for the IP address and the specifics of the downloaded films. In each case, they allege that an investigator observed an IP address downloading their films through BitTorrent networks. They then allege that the internet subscriber associated with the IP address must be the alleged infringer. This is a tenuous argument at best as there are many reasons why the subscriber might not be the infringer (e.g., someone else had access to the internet, such as a guest or through unprotected wifi). However, Federal judges routinely grant subpoenas to force internet service providers (e.g., Atlantic Broadband, Charter, Comcast, Frontier, Spectrum, etc.) to reveal the name of the accused internet subscriber.
Many of these Federal cases first began in county court in Miami-Dade, Florida, where Strike 3 first made these allegations and asked for a subpoena. Many people chose to fight that subpoena using a Motion to Quash (i.e., a motion to cancel or “quash” the subpoena) because the case was filed in a court that lacked jurisdiction over copyright matters or non-Florida residents. Strike 3 routinely dismisses these people from the Florida-based case; however, the case is rarely over, as Strike 3 goes on to file a Federal case in what is likely the correct jurisdiction, which makes filing a Motion to Quash more complex.
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 be potentially harmful. I work with a team of lawyers from across the country to provide the best defense, regardless of the state you live in.
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.
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