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Strike 3 Continues to File Federal Lawsuits Across the Country

Strike 3 Holdings is one of the most prolific filers of copyright infringement cases, requesting thousands of identities of anonymous internet subscribers through subpoenas to internet service providers (e.g., Atlantic Broadband, Comcast, Cox, Charter, Frontier, Spectrum, RCN, etc.). They claim their investigators have observed various IP addresses downloading Strike 3’s films (marketed under the Tushy, Vixen, and Blacked brands) through BitTorrent networks.

However, filing a Federal lawsuit against each subscriber is costly. Recently, they’ve started to request dozens – sometimes more than 100 – identities at a time using a Bill of Pure Discovery, filed in Miami-Dade Florida. Many people first find out about the case when they receive a notice of the subpoena through their ISP, and are told about a Motion to Quash. This is a a type of motion to cancel or “quash” the subpoena. The case for a Motion to Quash is strong in Florida, particularly because state courts do not have jurisdiction over copyright matters, and because most of the subscribers are not Florida residents.

Strike 3 has typically dismissed the case against anyone who files a Motion to Quash in Florida state court, but it appears this is only a temporary reprieve, as they are now filing dozens of Federal lawsuits, including against people who were dismissed from a former Miami-Dade lawsuit.

Strike 3 has already filed 23 Federal cases in October alone,  meaning they’re filing an average of 2 per day. They’ve filed across the country, including California (8 cases), Illinois (1 case), Florida (3 cases), Maryland (9 cases), Michigan (1 case), and New York (1 case).

The argument for a Motion to Quash is more complex in Federal cases as the case is often filed in the correct jurisdiction. 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 potentially be harmful. I work with a team of lawyers across the country to provide the best defense, no matter where you are.

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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Strike 3 Seeks Almost 150 Identities in Florida Case

Strike 3 Holdings is at it again, this time requesting nearly 150 identities through an obscure type of lawsuit called a Bill of Pure Discovery in Florida’s Miami-Dade County Court. Strike 3 argues that their investigators have captured a list of IP addresses that were observed downloading their films (branded under Vixen, Tushy, and Blacked) through BitTorrent networks. They then ask the court to provide a subpoena for the internet service provider (e.g., Atlantic Broadband, Cox, Frontier, Hotwire, Optimum Online, PenTeleData, RCN, San Bruno Cable, Webpass, Ziply Fiber, etc.) to provide the name of the subscriber behind the IP address. They then make the leap that the subscriber must be the copyright infringer and sue the subscriber in Federal court.

Although the lawsuit was filed in Florida, only a minority (22 IP addresses) are actually geolocated to Florida. The rest are from across the country, including New York (31), Arizona (20), California (20), Nevada (11), Massachusetts (8), Texas (7), New Jersey (6), Connecticut (5), Virginia (4), Illinois (4), Pennsylvania (2), Washington, DC (2), Colorado (2), Maryland (1), Nebraska (1), and Washington (1). I’ve represented people from across the country, am admitted to several Federal courts, and have a network of local counsel to help.

However, don’t let the number of defendants make you think that Strike 3 may forget about you. They are notoriously aggressive in pursuing each case, and each allegation is serious. IP addresses in this case are linked to between 24 and 205 infringements. 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”. Thus, the cases listed here could reasonably be worth between more than $54,000 to more than $460,000 in statutory damages. However, the Plaintiff is often willing to settle for less or may even dismiss the case when a defendant puts up an adequate defense.

Many subscribers first learn about the lawsuit when they’re notified through their ISP, which often mention Motions to Quash. When cases are filed in Florida’s county court, it’s possible to argue that the court doesn’t have subject matter jurisdiction (as copyright is supposed to be handled in Federal courts). For non-Florida residents, we can also argue that there’s no personal jurisdiction either.

However, Strike 3 routinely refiles their case against defendants in the correct Federal court and asks for the subpoena information again. This means that for some, a Motion to Quash is just a delaying tactic and doesn’t bring an end to the case. If you’re considering a Motion to Quash, please contact me so I can explain in which circumstances I advise it and when I believe it will actually cost you more.

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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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.

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