Torrent Lawsuit Defense

lawsuit

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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

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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

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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

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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

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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!

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Malibu Media files 29 cases in DC, Illinois, Maryland, Michigan, New Jersey, Pennsylvania, and Virginia

If You’ve Received a Notice from Malibu Media – Read This!

Twenty-nine more people will receive a notice from their ISP indicating that Malibu Media is suing them in the District of Columbia (1 case), Illinois (7 cases), Maryland (4 cases), Michigan (2 cases), New Jersey (8 cases), Pennsylvania (2 cases), and Virginia (5 cases). Malibu Media has sued thousands of people across the country based on their IP address. The Plaintiff claims to have investigators that monitor BitTorrent downloading traffic and record the IP addresses of people sharing Malibu Media’s copyrighted films (operating under the X-Art brand). Malibu Media is quite experienced and has been doing this for years. I was part of the defense for the first Malibu Media case to go to trial.

The scheme hasn’t changed much over the years. Once the Plaintiff has identified an IP address as infringing regularly (or enough that they feel they can get a large enough settlement out of it) they file a lawsuit against the internet subscriber behind the IP address. In order to serve the defendant with the lawsuit, Malibu Media subpoenas the Internet Service Provider (e.g., Charter, Comcast, Optimum Online, RCN, Spectrum, Time Warner Cable, etc.) for the subscriber’s identity.

However, this is a tenuous connection. Many people, with and without permission, may have access to a person’s internet connection. Sometimes the subscriber doesn’t even live where the internet is being provided, such as when the subscriber is a landlord. There are numerous other reasons a subscriber may not be the one responsible for copyright infringement. Still, Malibu Media has filed thousands of lawsuits over the years.

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 Malibu Media 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.

[Read more…] about Malibu Media files 29 cases in DC, Illinois, Maryland, Michigan, New Jersey, Pennsylvania, and Virginia