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frontier communications

December 7, 2020 by Leonard J. French

Strike 3 Holdings Subpoenas Identities of 101 Internet Subscribers Across the Nation

In their latest filing, case 2020-027925-CC-05 in Miami-Dade County Court, Strike 3 has targeted 101 more Internet Subscribers that Strike 3 claims have committed copyright infringement by downloading Vixen, Tushy, or Blacked branded films through BitTorrent networks. In just one filing, they’ve asked for subpoenas to Century Link, Cox, Frontier, Google Fiber, Optimum Online, RCN, and Wave Broadband, to force the ISPs to reveal their clients’ identities. Once the court grants the subpoena, the ISP is obligated to respond unless the defendant files a Motion to Quash (i.e., a motion to cancel the subpoena).

Once Strike 3 has the internet subscriber’s identity, they will usually sue an adult male in the household claiming that he must be the infringer. These Federal lawsuits are serious and can have damages of at least $750 per infringement. This can make a typical Strike 3 Holdings case worth $10,000s, if not $100,000s in damages. These cases shouldn’t be ignored.

Given the serious nature of the allegations, many defendants want to pursue a Motion to Quash. This is understandable, and there are some valid arguments while the case remains in Florida county court, such as arguing that the court doesn’t have jurisdiction over copyright matters, nor over non-Florida residents. However, this might not be the end of the case, as Strike 3 frequently files Federal lawsuits against those that oppose 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. I work with a team of lawyers from across the country to make sure that we can serve you, no matter where you are. For example, in the present case, Strike 3 subpoenaed identities of people from California, Texas, Virginia, Arizona, Washington, Nevada, New York, New Jersey, Maryland, Colorado, and Connecticut (to name a few).

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 right away. I can provide valuable information based on my years of experience fighting Strike 3.

I’m happy to 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’m very familiar with this Plaintiff and can give you individualized guidance for your case.

[Read more…] about Strike 3 Holdings Subpoenas Identities of 101 Internet Subscribers Across the Nation

Filed Under: Bittorrent, By Plaintiff, California, Cases, Colorado, Connecticut, Copyright, Cox, D.C., Federal, Florida, Motion to Quash, New Jersey, New York, Optimum Online, States, Strike 3 Holdings, Strike3 Holdings, Subpoena, Summons, Virginia Tagged With: arizona, bittorrent, california, century link, colorado, connecticut, copyright, cox communications, district of columbia, file sharing, Florida, frontier communications, georgia, google fiber, IP Address, lawsuit, massachusetts, miami-dade county court, motion to quash, Nebraska, Nevada, New Jersey, New York, north carolina, optimum online, RCN, strike 3 holdings, subpoena, summons, Tennessee, texas, Utah, virginia, washington, washington DC, wave broadband

June 1, 2020 by Leonard J. French

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

Filed Under: Bittorrent, By Plaintiff, California, Cases, Comcast Subpoena, Connecticut, Copyright, Federal, Florida, Motion to Quash, New Jersey, New York, Optimum Online, States, Strike 3 Holdings, Strike3 Holdings, Subpoena, Summons, Virginia Tagged With: arizona, bittorrent, california, connecticut, cox, file sharing, Florida, frontier communications, IP Address, lawsuit, miami-dade county court, motion to quash, Nevada, New Jersey, new nyork, north carolina, optimum online, oregon, strike 3 holdings, summons, texas, virginia, washington

May 23, 2020 by Leonard J. French

Strike 3 Holdings Files for 20 More Identities from Texas

Strike 3 Holdings is continues to file requests for internet subscribers’ identities, this time targeting users from Texas, including Plano, Lewisville, Wylie, and Dallas. They’ve applied for 20 such identities through a little known procedure in Florida called a Bill of Pure Discovery. They claim that their investigators have recorded IP addresses downloading their films through BitTorrent networks. Strike 3 owns films under the brands Vixen, Tushy, and Blacked. They then request subpoenas for the identities of internet subscribers from internet service providers like Frontier Communications.

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 Texas, 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 20 More Identities from Texas

Filed Under: Bittorrent, By Plaintiff, California, Cases, Comcast Subpoena, Connecticut, Copyright, Federal, Florida, Illinois, Michigan, Motion to Quash, New Jersey, New York, Optimum Online, States, Strike 3 Holdings, Strike3 Holdings, Subpoena, Summons, Virginia Tagged With: bittorrent, file sharing, Florida, frontier communications, IP Address, lawsuit, miami-dade county court, motion to quash, optimum online, strike 3 holdings, summons, texas

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    Most Recent Updates

    • Strike 3 Holdings hits California internet users with 61 new lawsuits January 23, 2025
    • Understanding Strike 3 Holdings, LLC Lawsuits: What You Need to Know January 14, 2025
    • What to Do If You’ve Received a Copyright Infringement Notice from Strike 3 Holdings January 8, 2025
    • Received a subpoena? Please read this guide. January 8, 2025
    • Strike 3 Holdings files 11 new cases in Kentucky. November 18, 2024
    • Strike 3 Holdings files 19 new cases in the Eastern District of Texas. November 18, 2024
    • Strike 3 Holdings files 9 new cases in Tennessee. November 18, 2024
    • Strike 3 Holdings files 14 new cases in the Eastern District of North Carolina. November 18, 2024
    • Strike 3 Holdings files 9 new cases in the Middle District of Pennsylvania November 18, 2024
    • Strike 3 Holdings files 22 new cases in Minnesota. November 18, 2024

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