lawsuit

July 19, 2020 by Leonard J. French

Strike 3 Holdings Demands Nearly 300 Identities

Strike 3 Holdings seems to have no shortage of potential defendants to their BitTorrent-based piracy lawsuits. On July 7th and 8th, Strike 3 Holdings filed 3 lawsuits with a total of 287 IP addresses identified from Atlantic Broadband, AT&T U-verse, Optimum Online, Spectrum, RCN, Comcast, and Webpass. Each IP address could become a defendant in a Federal copyright lawsuit if Strike 3 Holdings decides to pursue the case in court. They own the rights to the Vixen, Tushy, and Blacked brands of adult films and are prolific filers of copyright infringement lawsuits.

These subpoenas are serious and the first step in initiating a Federal lawsuit. Typically Strike 3 Holdings has investigators that monitor an IP address for months or even years, documenting every BitTorrent download. They typically wait until enough infringements have accrued from an IP address to be worth significant damages. In the 3 most recent lawsuits, the number of alleged infringements ranged from 25 to 383. The Plaintiff sees each infringement as worth $750 in statutory damages, which they may ask the court to treble to $2,250 for “willful” infringement. These are very expensive cases to lose in court.

Normally, Strike 3 would have to file a Federal lawsuit against each individual IP address, however, they have shifted strategy and are now using an obscure type of complaint in Florida’s Miami-Dade county court called a Bill of Pure Discovery. Many defendants are tempted to file Motions to Quash in order to protect their identities from being released, arguing that the Miami-Dade court is not the proper venue for copyright actions nor for defendants outside of Florida. For example, these 3 most recent lawsuits contain IP addresses geolocated to California, Michigan, Illinois, Maryland, New York, New Jersey, Pennsylvania, Connecticut, and Virginia, in addition to Florida. However, Strike 3 doesn’t seem to stop going after defendants that ask for a Motion to Quash and simply refile the lawsuit in Federal court and become more aggressive.

Sometimes, filing a Motion to Quash is still advantageous. I’ve defended hundreds of cases against Strike 3 Holdings across the country, both in negotiating settlements and litigating in court. If you’ve received a notice from Comcast 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.

June 10, 2020 by Leonard J. French

Strike 3 Holdings’ New Tactics to Get Internet Subscriber Identities

For several years, Strike 3 Holdings was one of the most prolific filers of Federal copyright infringement claims, especially against “John Doe” Defendants, identified only by an IP address. They would then file a motion for early discovery to serve a subpoena on an internet service provider, such as Comcast, to get the identity of the Defendant who they claim downloaded their films (marketed under the brands Vixen, Tushy, and Blacked) through bittorrent networks. However, each Federal lawsuit filed cost them hundreds of dollars and not all subpoenas led to a Defendant they could move forward with a lawsuit against (e.g., a coffee shop). A growing number of Federal judges were scrutinizing these subpoenas and Strike 3 was being forced out of more and more courts.

It now appears that Strike 3 Holdings is cutting costs and avoiding Federal oversight by applying for dozens and dozens of subpoenas at once in Miami-Dade county court in Florida through a little-known type of complaint known as a Bill of Pure Discovery. Despite the fact that Florida county court doesn’t have jurisdiction over copyright claims or most of the subscribers identified, Strike 3 has been able to get approval for hundreds of subpoenas for internet subscriber identities. For example, on June 3, Strike 3 filed for 94 identities from across the country, including subscribers in California, Connecticut, Maryland, New Jersey, Pennsylvania, and Virginia.

Once Strike 3 Holdings has the identity of a subscriber, they demand a settlement carefully calculated to be just below the amount of an effective defense. If a settlement isn’t offered promptly, they file a Federal lawsuit against the subscriber. Strike 3 also waits until each IP address is accused of dozens of infringements. Each infringement is worth, at minimum, $750 in statutory damages, meaning many of these cases could result in tens or even hundreds of thousands of dollars if the Defendant lost in court. For example, the complaint from June 3 alleged 28 – 249 infringements per IP address. This means at minimum, each Defendant could be liable for between $21,000 – $186,750 in statutory damages. These lawsuits are serious and Strike 3 is notoriously aggressive.

Many defendants have fought Strike 3 subpoenas by filing Motions to Quash (a request 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.

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.

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.

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.

May 22, 2020 by Leonard J. French

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.

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.

May 21, 2020 by Leonard J. French

Strike 3 Holdings Requests 71 Subpoenas for New York, New Jersey, and Connecticut Optimum Online Subscribers

Strike 3 Holdings has filed requests for 71 more subpoenas for Optimum Online internet subscribers from New York (48 cases), New Jersey (21 cases), and Connecticut (2 cases). They allege these IP addresses were observed downloading Strike 3’s films (marketed through the Vixen, Tushy, and Blacked brands) through BitTorrent networks.

They want to sue the subscribers behind the IP address for copyright infringement but argue they need the subscribers’ identity first. To get this, they ask a Miami-Dade county court in Florida to grant an obscure form of relief called a ‘Pure Bill of Discovery’, which allows them to subpoena the internet service provider for subscriber information. This is flawed for a number of reasons, especially since Miami-Dade county court has no jurisdiction over copyright matters and likely none of these internet subscribers live in or conduct business in Florida.

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 Optimum Online and you’re considering a Motion to Quash, settling, or fighting in court, please call us at 888.801.8681 or email us. 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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