BitTorrent Subpoena & Lawsuit Defense

Call or Text Now

610-466-5644

Hawaiian Telcom

by

Strike 3 Holdings Expands into Hawaii and Tennessee

What has Strike 3 Filed?

Notorious Plaintiff Strike 3 Holdings is known for filing 1,000s of federal lawsuits every year against anonymous Bittorent users (known as John Does). Although they have traditionally focused on larger states such as New York, Florida, and California. In June, they branched out to include Hawaii and Tennessee. Since July, they have filed 24 cases in Hawaii and 10 cases in Tennessee. This is part of a nationwide blitz of more than 1,000 cases filed in the past few months.

Normally, handling so many lawsuits at once would be a daunting task, but it’s standard practice for Strike 3. Each lawsuit is nearly identical, usually filed by Attorney Christian Kamau in Hawaii or Attorneys Jacqueline James and Dawn Sciarrino in Tennessee, 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 AT&T U-verse, Hawaiian Telcom, Comcast, or Spectrum, 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.

[Read more…] about Strike 3 Holdings Expands into Hawaii and Tennessee

by

Strike 3 Holdings Branches Out to Include New ISPs in their Copyright Scheme

Strike 3 Holdings is currently the most prolific copyright Plaintiff in the country. They usually follow a very particular script, suing John Does only identified by an IP address, alleging that the internet subscriber behind the IP address committed copyright infringement by downloading Vixen, Blacked, or Tushy films through BitTorrent networks. They then get a subpoena for the name of the internet subscriber, so they can sue that person in Federal court, where they could be awarded at least $750 per infringement in statutory damages.

However, it appears Strike 3 Holdings is attempting to widen their net and sue IP addresses from Internet Service Providers and states that they normally don’t focus on. For years, their subpoenas were usually to the most prominent internet providers like AT&T, Comcast, Cox, and Verizon. However, they have recently begun to target smaller or more local internet providers. For example, just in case 2020-027181-CC-05 in Miami-Dade County Court, Strike 3 asked for subpoenas to:

  • Armstrong Cable
  • Atlantic Broadband
  • Cascadelink
  • Clarksville Department of Electricity
  • Condointernet.net
  • Grande Communications
  • Hawaiian Telcom
  • Longmont Power & Communications
  • Mediacom Cable
  • netBlazr
  • Opticaltel
  • PenTeleData
  • Sonic.net
  • Sparklight
  • Suddenlink Communications
  • Summit Broadband
  • TDS Telecom
  • US Internet
  • WideOpenWest
  • Windstream Communications

Although some of these internet providers are certainly larger and more recognizable, this is far more diverse than Strike 3’s usual focus. The IP addresses have been geolocated to states including Arizona, California, Colorado, Florida, Hawaii, Illinois, Massachusetts, Michigan, Minnesota, North Carolina, Oregon, Pennsylvania, Tennessee, Utah, and Washington. This wide range of states is why I work with a team of lawyers from across the country to provide the best defense, regardless of the state you live in.

It’s unclear what prompted this change, but some of the alleged infringements are a couple years old, meaning they have been tracking these subscribers long-term. This could mean Strike 3 is ramping up their lawsuit mill scheme and expanding to encompass subscribers from ISPs and states they normally ignore.

Most people discover that they are under threat of being sued only after they receive a notice from their ISP, which advises them that the only way to fight the release of their identity is through a Motion to Quash (i.e., a motion to cancel the subpoena). Although Motions to Quash in Florida state court can be successful, Strike 3 will often pursue the case in Federal court, meaning a Motion to Quash may not end the case. 

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. 

This Plaintiff is notoriously aggressive, and sees each infringement as worth at least $750 in statutory copyright damages. Strike 3 Holdings cases, if lost in court, could easily cost $10,000s, or even $100,000s. 

The Plaintiff is often willing to settle for less 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 Branches Out to Include New ISPs in their Copyright Scheme