Torrent Lawsuit Defense

lawsuit

by

After Federal Pushback, Strike 3 Holdings asks Florida State Court for Subpoena Power

Since August 1, 2019, Strike 3 Holdings has only filed 9 new Federal cases, with 7 cases in Florida and 2 in New Jersey. However, it appears that Strike 3 Holdings hasn’t stopped asking for internet subscribers’ identities; they’ve just changed tactics and are switching to state level courts.

In the past, Strike 3 Holdings has used MaxMind Geolocation services to determine the general region for an IP address. They then file a boilerplate lawsuit against the internet subscriber behind the IP address and request early discovery from the Internet Service Provider (ISP; e.g., Charter, Comcast, Cox, Optimum Online, RCN, Verizon, etc.) so they can name and serve the defendant. This is when most people find out about the lawsuit – when they receive a letter from their ISP stating that the subscriber’s identity is being subpoenaed by Strike 3 and information about filing a Motion to Quash.

However, more and more Federal Judges have been pushing back against Strike 3 Holdings. In several New Jersey cases, Magistrate Judge Schneider asked Strike 3 Holdings to provide more evidence to substantiate the claims they make in their complaints. After multiple hearings, the Judge denied Strike 3 Holdings’ request for early discovery, attacking their characterization that the lawsuits decrease copyright infringement, that the subscriber is necessarily the infringer that downloaded the files, and that Strike 3 Holdings does not request sufficient information from the ISP to guarantee that they have the correct identity for all dates listed in Exhibit A.

It’s possible that this pushback has led to Strike 3 Holdings changing tactics. They are now filing cases in Miama-Dade county court in Florida, at the state level, requesting a Pure Bill of Discovery. This is an old, rarely used form of relief available in Florida. It appears they are filing one case with numerous IP addresses listed and then asking for the Pure Bill of Discovery to get the identity of multiple internet subscribers at once, without regard to the fact that copyright infringement is under Federal jurisdiction and that many of the subscribers don’t even live in Florida. It looks like Strike 3 Holdings is attempting to bypass the Federal court system in order to get their discovery at a lower cost and with less responsibility.

If you have received a notice from your ISP that Strike 3 Holdings is using a subpoena to obtain your identity, either in Federal or State court, please do not hesitate to call. I would be happy to discuss what the case means, your options for defense, and what I recommend in your situation.

[Read more…] about After Federal Pushback, Strike 3 Holdings asks Florida State Court for Subpoena Power

by

Strike 3 Holdings files 20 more BitTorrent Cases in Illinois, Maryland, and Michigan

If You’ve Received a Notice from Strike 3 Holdings – Read This

Twenty more households across Illinois, Maryland, and Michigan will be receiving a notice from their Internet Service Provider (e.g., AT&T, Charter/Spectrum, XFinity/Comcast, Verizon, etc.) telling them that Strike 3 Holdings has subpoenaed the internet subscriber’s identity. Who is Strike 3 Holdings? Why do they want your identity? If they file so many cases, can the lawsuits just be ignored?

Strike 3 Holdings owns the rights to the adult film brands Vixen, Tushy, and Blacked. They are notorious for mass-filing lawsuits across the company that allege investigators observed an IP address downloading and sharing the company’s films on BitTorrent networks. Strike 3 Holdings then sues the IP address for copyright infringement.

However, an IP address is merely a unique identifier for an internet connection. In order to find the proper defendant (that is the person that downloaded the files), the Plaintiff subpoenas the Internet Service Provider (ISP) for the subscriber’s identity. Although many judges acknowledge that the subscriber may not be the person who committed the alleged infringements, courts across the country have rubber stamped Strike 3 Holdings’ efforts to identify someone willing to pay a settlement in order to make the lawsuit go away.

Most subscribers find out about the case when they receive a notice from their ISP. 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.

For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.

Although Strike 3 Holdings files thousands of these lawsuits, they are highly motivated to pursue anyone they believe can pay a settlement. Ignoring theses cases is dangerous. If a subscriber fails to respond after they have been served, Strike 3 Holdings can ask for a default judgement (where the court accepts the facts of the complaint as true) and can award thousands of dollars in damages per infringement.

If you’ve received one of these notices or have been served, it’s vital to retain counsel without delay. There are court-imposed timelines that must be adhered to in order to defend yourself. This Plaintiff is notoriously aggressive and an effective defense can help secure the best possible outcome for you.

[Read more…] about Strike 3 Holdings files 20 more BitTorrent Cases in Illinois, Maryland, and Michigan

by

Strike 3 Holdings Files 18 Cases in California in Only 3 Days

If You’ve Received a Notice from Strike 3 Holdings – Read This

Eighteen more households will be receiving a notice from their Internet Service Provider (e.g., AT&T, Charter/Spectrum, XFinity/Comcast, Verizon, etc.) telling them that Strike 3 Holdings has subpoenaed the subscriber’s identity. Who is Strike 3 Holdings? Why do they want your identity?

Strike 3 Holdings owns the rights to the adult film brands Vixen, Tushy, and Blacked. They are notorious for mass-filing lawsuits across the company that allege investigators observed an IP address downloading and sharing the company’s films on BitTorrent networks. Strike 3 Holdings then sues the IP address for copyright infringement.

However, an IP address is merely a unique identifier for an internet connection. In order to find the proper defendant (that is the person that downloaded the files), the Plaintiff subpoenas the Internet Service Provider (ISP) for the subscriber’s identity. Some judges have noted that it’s dubious to assume the internet subscriber (the person that pays the bill) is the same person who downloaded the material. After all, many homes have multiple people who use the same internet connection – and unauthorized use can occur. Yet, courts across the country have rubber stamped the subpoena process for Strike 3 Holdings to allow them to get the identities of internet subscribers to try to find a person willing to pay a settlement. The settlement amounts are carefully calculated to be just below the cost of an effective defense.

Most subscribers find out about the lawsuit when they receive a notice from their ISP. 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.

For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.

If you’ve received one of these notices or have been served with the lawsuit, it’s vital to retain counsel without delay. There are timelines imposed by the court that must be adhered to in order to defend yourself. This Plaintiff is notoriously aggressive and an effective defense can help secure the best possible outcome for you. Failing to respond in court once you have been served can result in a default judgement against you. Default judgments typically involve ruling in the Plaintiff’s favor and awarding thousands of dollars in damages per infringement in addition to the Plaintiff’s legal fees and costs.

[Read more…] about Strike 3 Holdings Files 18 Cases in California in Only 3 Days

by

Malibu Media and Strike 3 Holdings File 35 Cases in New York

If You’ve Received a Notice from Strike 3 Holdings or Malibu Media – Read This

Thirty-five more BitTorrent-based copyright infringement lawsuits have been filed in New York by Malibu Media (7 cases) and Strike 3 Holdings (28 cases). Malibu Media owns the rights to X-Art brand films and Strike 3 Holdings operates Vixen, Tushy, and Blacked. For any other type of Plaintiff, mass-filing these lawsuits would be extraordinarily difficult. These Plaintiffs, however, file nearly identical lawsuits, only changing the IP address accused of infringement and the list of alleged infringements. They allege their investigators observed an IP address repeatedly downloading the Plaintiff’s copyrighted works through BitTorrent networks and then sues each IP address for copyright infringement.

However, an IP address is merely a unique identifier for an internet connection. In order to find the proper defendant (that is the person that downloaded the files), the Plaintiff subpoenas the Internet Service Provider (e.g., Charter/Spectrum, XFinity/Comcast, Optimum/Altice, RCN, Verizon, etc.) for the subscriber’s identity. Some judges have noted that it’s dubious to assume the internet subscriber (the person that pays the bill) is the same person who downloaded the material. After all, many homes have multiple people who use the same internet connection – and unauthorized use can occur. The subscriber may not even live at the residence the internet is being provided for.

Yet, courts across the country have granted tremendous leeway to Malibu Media and Strike 3 Holdings to allow them to get the identities of internet subscribers to try to find a person willing to pay a settlement. The settlement amounts are carefully calculated to be just below the cost of an effective defense.

Most subscribers find out about the lawsuit when they receive a notice from their Internet Service Provider (ISP) notifying them that the Plaintiff has subpoenaed 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 been served with the lawsuit, it’s vital to retain counsel without delay. There are timelines imposed by the court that must be adhered to in order to defend yourself. This Plaintiff is notoriously aggressive and an effective defense can help secure the best possible outcome for you. Failing to respond in court once you have been served can result in a default judgement against you. Default judgments typically involve ruling in the Plaintiff’s favor and awarding thousands of dollars in damages per infringement in addition to the Plaintiff’s legal fees and costs.

For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.

[Read more…] about Malibu Media and Strike 3 Holdings File 35 Cases in New York

by

Strike 3 Holdings Files 25 Cases in Pennsylvania in 1 Day

If You’ve Received a Notice from Strike 3 Holdings – Read This

Strike 3 Holdings has filed 25 BitTorrrent-based copyright infringement lawsuits in Pennsylvania – in just one day! For any other type of Plaintiff, this would be extraordinarily difficult, however, Strike 3 Holdings manages to do so because each lawsuit is nearly identical. They allege their investigators observed an IP address repeatedly downloading the Plaintiff’s copyrighted works through BitTorrent networks and then sues each IP address for copyright infringement.

But, an IP address is just a unique identifier for an internet connection. In order to find the proper defendant, that is the person that actually downloaded the files, the Plaintiff subpoenas the Internet Service Provider (e.g., CenturyLink, Charter/Spectrum, XFinity/Comcast, Cox, Optimum/Altice, RCN, Verizon, etc.) for the subscriber’s identity. Some judges have noted that it’s dubious to assume the internet subscriber (the person that pays the bill) is the same person who downloaded the material. After all, many homes have multiple people who use the same internet connection – and unauthorized use can occur. Some subscribers may not even live at the residence the internet is being provided for, such as with landlords.

Yet, courts across the country have granted tremendous leeway to Strike 3 Holdings to allow them to get the identities of internet subscribers to try to find a person willing to pay a settlement. The settlement amounts are carefully calculated to be just below the cost of an effective defense.

Most subscribers find out about the lawsuit when they receive a notice from their Internet Service Provider (ISP) notifying them that Strike 3 Holdings has subpoenaed 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 been served with the lawsuit, it’s vital to retain counsel without delay. There are timelines imposed by the court that must be adhered to in order to defend yourself. This Plaintiff is notoriously aggressive and an effective defense can help secure the best possible outcome for you. Failing to respond in court once you have been served can result in a default judgement against you. Default judgments typically involve ruling in the Plaintiff’s favor and awarding thousands of dollars in damages per infringement in addition to the Plaintiff’s legal fees and costs.

For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.

[Read more…] about Strike 3 Holdings Files 25 Cases in Pennsylvania in 1 Day

by

Strike 3 Holdings files 88 Cases in Colorado, Maryland, New Jersey, and New York – Over Just 3 Days!

Important – If You’ve Received a Notice from Strike 3 Holdings – Read This!

On June 18, 19, and 20, Strike 3 Holdings filed 88 new lawsuits in Colorado (14 cases), Maryland (21 cases), New Jersey (28 cases), and New York (25 cases). Strike 3 Holdings owns the rights to Vixen, Tushy, and Blacked brand adult films and is known for suing individuals associated with an IP address they alleged downloaded their films through BitTorrent networks.

For any other type of Plaintiff, filing 88 lawsuits in 3 days would be a massive undertaking, however, Strike 3 Holdings can file so many lawsuits because each one is nearly identical. They allege their investigators observed an IP address repeatedly downloading the Plaintiff’s copyrighted works through BitTorrent networks and then sues each IP address for copyright infringement.

But, an IP address is just a unique identifier for an internet connection. In order to find the proper defendant, that is the person that actually infringed the Plaintiff’s copyright, the Plaintiff subpoenas the Internet Service Provider (e.g., Charter, Comcast, Optimum Online, RCN, Spectrum, Time Warner Cable, etc.) for the subscriber’s identity. Some judges have noted that it’s tenuous to equate the internet subscriber (the person that pays the bill) and the person who actually downloaded the material. After all, many homes have multiple people who use the same internet connection – sometimes even those without permission may access a poorly secured wifi connection. Some subscribers may not even live at the residence the internet is being provided for, such as with some landlords.

Yet, courts across the country have granted tremendous leeway to Strike 3 Holdings to allow them to get the identities of internet subscribers to try to find a person willing to pay a settlement. The settlement amounts are carefully calculated to be just below the cost of an effective defense.

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 Strike 3 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. If you do not try to fight the subpoena, you may be served with the complaint – meaning you usually have 21 days to respond in Federal court or risk a default judgement. Default judgments typically involve ruling in the Plaintiff’s favor and awarding thousands of dollars in damages per infringement in addition to the Plaintiff’s legal fees and costs.

For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.

[Read more…] about Strike 3 Holdings files 88 Cases in Colorado, Maryland, New Jersey, and New York – Over Just 3 Days!