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Strike 3 Holdings Files 23 New Cases in DC, Maryland, Tennessee, and Virginia

What has Strike 3 Filed?

Plaintiff Strike 3 Holdings has filed 23 new Federal lawsuits in Washington, DC (3 cases), Maryland (8 cases), Tennessee (2 cases) and Virginia (10 cases). This is part of a nationwide blitz of over 325 cases within the last few weeks. Normally, handling so many lawsuits across so many states at once would be a daunting task, but it’s standard practice for Strike 3. Each lawsuit is nearly identical, and alleges that an investigator recorded an IP address infringing on Strike 3’s copyrights by downloading Vixen, Tushy, or Blacked films through BitTorrent networks. Strike 3 then asks the court to grant a subpoena for the name of the internet account holder behind the IP address. 

Motions to Quash

When an internet service provider, such as Verizon Fios, Comcast, or Cox Communications receives the subpoena, they’re obligated to alert the subscriber. This is when most people find out about the lawsuit and the need to file a Motion to Quash to challenge the subpoena. 

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. 

What Should I Do?

Although Strike 3 files thousands of lawsuits every year, they take each one seriously, and the consequences can be significant. If not defended against, these lawsuits can have damages of at least $750 per infringement, but the Plaintiff can ask for more. This can make a typical Strike 3 Holdings case worth $10,000s, if not $100,000s in damages. These cases shouldn’t be ignored. Recently in New York, Strike 3 Holdings won a $108,750 default judgment against a defendant who did not defend themselves in court.

The Plaintiff is often willing to settle or even dismiss the case when a defendant has an adequate defense. That’s why it’s so important to contact an experienced attorney immediately. I can provide valuable information based on my years of experience. If you contact my office, you’ll be speaking with me directly. I strive to make sure that everyone who contacts me is informed, and understands their situation and all of the options available to them.

I can explain to you 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 I focus my practice on defending against BitTorrent-based lawsuits. I work with a team of lawyers to make sure that I can represent you, no matter where you are. I’m very familiar with this Plaintiff, and I can give you individualized guidance for your case.

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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.

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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Malibu Media files 29 cases in DC, Illinois, Maryland, Michigan, New Jersey, Pennsylvania, and Virginia

If You’ve Received a Notice from Malibu Media – Read This!

Twenty-nine more people will receive a notice from their ISP indicating that Malibu Media is suing them in the District of Columbia (1 case), Illinois (7 cases), Maryland (4 cases), Michigan (2 cases), New Jersey (8 cases), Pennsylvania (2 cases), and Virginia (5 cases). Malibu Media has sued thousands of people across the country based on their IP address. The Plaintiff claims to have investigators that monitor BitTorrent downloading traffic and record the IP addresses of people sharing Malibu Media’s copyrighted films (operating under the X-Art brand). Malibu Media is quite experienced and has been doing this for years. I was part of the defense for the first Malibu Media case to go to trial.

The scheme hasn’t changed much over the years. Once the Plaintiff has identified an IP address as infringing regularly (or enough that they feel they can get a large enough settlement out of it) they file a lawsuit against the internet subscriber behind the IP address. In order to serve the defendant with the lawsuit, Malibu Media subpoenas the Internet Service Provider (e.g., Charter, Comcast, Optimum Online, RCN, Spectrum, Time Warner Cable, etc.) for the subscriber’s identity.

However, this is a tenuous connection. Many people, with and without permission, may have access to a person’s internet connection. Sometimes the subscriber doesn’t even live where the internet is being provided, such as when the subscriber is a landlord. There are numerous other reasons a subscriber may not be the one responsible for copyright infringement. Still, Malibu Media has filed thousands of lawsuits over the years.

Most subscribers find out about the lawsuit when they receive a notice from their Internet Service Provider (ISP) notifying them the ISP has received a subpoena from Malibu Media to discover the subscriber’s identity. The ISP is obligated to comply with the subpoena unless a Motion to Quash is filed. This is a court motion to void or “quash” the subpoena. However, Motions to Quash are complex in these cases as the subpoena is between the Plaintiff and the ISP, meaning the subscriber is a third party. I’m happy to discuss with you whether filing a Motion to Quash or alternative motions is advisable in your case.

If you’ve received one of these notices or have even been served with the lawsuit, it’s vital to retain counsel without delay. This Plaintiff is notoriously aggressive and an effective defense can help secure the best possible outcome for you.

[Read more…] about Malibu Media files 29 cases in DC, Illinois, Maryland, Michigan, New Jersey, Pennsylvania, and Virginia