lawsuit

February 8, 2019 by Leonard J. French

Strike 3 Holdings Files 18 New Cases in New Jersey

Strike 3 Holdings has filed another 18 cases in New Jersey. It seems they are only becoming more efficient at filing cookie cutter lawsuits across the country, demanding thousands in settlement payments from internet subscribers.

Strike 3 Holdings owns the rights to the adult film brands Tushy, Vixen, Blacked, and Blacked Raw. They use overseas investigators to record IP addresses associated with downloading and sharing the Plaintiff’s films. Once an IP address has been observed downloading multiple films, the Plaintiff then sues the alleged infringer as a “John Doe”. They then subpoena the internet service provider (e.g., Comcast, Verizon, Optimum Online, Time Warner, etc.) and compel them to identify the subscriber behind the IP address. The Plaintiff typically names the subscriber as the Defendant and then serves them with a summons and complaint.

Often, a subscriber first learns the lawsuit when they receive a letter from their ISP notifying them of the subpoena and the ISP’s obligation to release their identity unless the subscriber files a Motion to Quash – a request to the courts to stop (or “quash”) the subpoena. 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. If a subscriber wishes to remain anonymous, it is important to secure representation as soon as possible.

February 5, 2019 by Leonard J. French

Pennsylvania Flooded by 20+ File Sharing Lawsuits by Malibu Media and Strike 3 Holdings

The new year has brought new BitTorrent-based copyright lawsuits by Malibu Media and Strike 3 Holdings. Pennsylvania has been flooded with more than 20 new cases with Malibu Media filing 7 new cases on January 8 and Strike 3 Holdings filed 14 more on January 22 and 23. These two notorious copyright Plaintiffs are different companies (Malibu Media owns the X-Art brand and Strike 3 Holdings owns Tushy, Vixen, Blacked, and Blacked Raw) but operate very similarly. Both allege an overseas investigator recorded an IP address downloading and sharing the Plaintiff’s copyrighted adult films.

Once an IP address has been observed downloading multiple films, the Plaintiff files a lawsuit against the alleged infringer as a “John Doe”. They then subpoena the internet service provider (e.g., Comcast, Verizon, Optimum Online, Time Warner, etc.) and compel them to identify the subscriber the IP address was assigned to. The Plaintiff typically names the subscriber as the Defendant and then serves them with a summons and complaint.

Often, a subscriber first learns the lawsuit when they receive a letter from their ISP notifying them of the subpoena and the possibility to file a Motion to Quash – a request to the courts to stop (or “quash”) the subpoena. 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. If a subscriber wishes to remain anonymous, it is important to secure representation as soon as possible.

February 2, 2019 by Leonard J. French

12 More BitTorrent Lawsuits Filed in Illinois by Strike 3 Holdings

Strike 3 Holdings continues to flood the courts across the country with more BitTorrent-based file-sharing lawsuits. They have filed 12 more lawsuits in Illinois alone. Last year, this Plaintiff filed more than 2,000 cases across the country.

Each case is nearly identical. Strike 3 Holdings alleges that an overseas investigator documented an IP address downloading and sharing the Plaintiff’s adult films (marketed under the Tushy, Vixen, Blacked, and Blacked Raw brands). The Plaintiff then sues each unnamed internet user as a “John Doe”, identified only through an IP address. They then subpoena the internet service provider (ISP) responsible for the IP address (e.g., Verizon, Comcast, Optimum Online, etc.) to provide the identity of the subscriber the IP address was assigned to. They only ask for the identity of the account subscriber, who may or may not have committed the alleged infringements.

Once Strike 3 Holdings names the subscriber as the Defendant, they serve them with a summons. The complaint must be answered in court or the Defendant could face a default judgement against them, which can represent $1,000s in damages per infringement.

Often, a subscriber first discovers the lawsuit when they receive a letter from their ISP notifying them of the subpoena and the possibility to file a Motion to Quash – a request to the courts to stop (or “quash”) the subpoena. 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. If a subscriber wishes to remain anonymous, it is important to secure representation early on.

January 31, 2019 by Leonard J. French

Strike 3 Holdings Hits Maryland with 10 More BitTorrent Copyright Cases

Reddit user /u/beardfearer may fear beards, but not copyright notices Strike 3 Holdings has had a very busy start to the New Year, filing more than 100 new cases across New York, Michigan, Virginia, Maryland, and Illinois. Of these, 10 have been filed in Maryland. Last year, Strike 3 Holdings filed more than 2,000 cases across the country, including approximately 100 in Maryland.

The reason this Plaintiff can file so many lawsuits is because each one is nearly identical and alleges that an overseas investigator recorded an IP address downloading and sharing Strike 3 Holdings’ copyrighted adult films through BitTorrent networks. Strike 3 Holdings owns the rights to the Tushy, Vixen, Blacked, and Blacked Raw brands.

Strike 3 Holdings sues each unnamed internet subscriber as a “John Doe”, identified only through an IP address. It then requests the courts to grant a subpoena compelling the subscriber’s internet service provider (ISP) to provide the customer’s identity. Once identified, Strike 3 Holdings names the subscriber as the Defendant and serves them with a summons. The complaint must be answered in court or the Defendant could face a default judgement against them, which can represent $1,000s in damages per infringement.

Often, a subscriber first discovers the lawsuit when they receive a letter from their ISP notifying them of the subpoena and the date their identity will be released. The letter mentions the possibility to file a Motion to Quash – a formal request to the courts to stop (or “quash”) the subpoena. 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. If a subscriber wishes to remain anonymous, it is important to secure representation early on. This can provide more options to protect your identity and fight the allegations.

January 26, 2019 by Leonard J. French

Virginia Hit with 13 More Strike 3 Holdings Lawsuits

Reddit user /u/beardfearer may fear beards, but not copyright notices Strike 3 Holdings has had a busy start to the New Year. In the first 3 weeks of January, it has already filed more than 100 new file sharing cases, including 13 in Virginia. The reason it is able to file so many lawsuits is because each one is nearly identical.

Each complaint alleges that an overseas investigator recorded an IP address downloading and sharing Strike 3 Holdings’ copyrighted adult films through BitTorrent networks. It owns the rights to the Tushy, Vixen, Blacked, and Blacked Raw brands.

This Plaintiff then sues each unnamed internet subscriber as a “John Doe”, identified only as an IP address. It then requests the courts to grant a subpoena compelling the subscriber’s internet service provider (ISP) to provide the customer’s identity. Once identified, it names the subscriber as the Defendant and serves them with a summons. The complaint must be answered in court or the Defendant could face a default judgement against them.

January 24, 2019 by Leonard J. French

Strike 3 Holdings File 14 More Cases in Michigan

Reddit user /u/beardfearer may fear beards, but not copyright notices It may be a new year, but Strike 3 Holdings is continuing its old tactics. On January 19 and 21st, Strike 3 Holdings filed 14 new BitTorrent copyright cases in Michigan. Last year, Strike 3 Holdings filed more than 100 complaints in Michigan alone, with the majority of complaints being filed between September and December.

Each complaint is nearly identical and alleges that an IP address was recorded downloading and sharing Strike 3 Holdings’ copyrighted adult films through BitTorrent networks. Its films are marketed under the Tushy, Vixen, Blacked, and Blacked Raw brands.

This Plaintiff sues each unnamed internet subscriber as a “John Doe”, identified only through an IP address. They then ask the court’s permission to subpoena the internet service provider (ISP) and compel it to reveal the subscriber’s identity. Strike 3 Holdings uses the identity to serve the Defendant with a summons that must be answered in court or the Defendant could face a default judgement against them.

Often, a defendant first discovers the lawsuit when they receive a letter from their ISP notifying them of the subpoena and the possibility to file a Motion to Quash. A Motion to Quash is a formal request to the courts to stop (or “quash”) the subpoena. 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 to the subpoena. If a subscriber wishes to remain anonymous, it is important to secure representation without delay. This provides more options to protect your identity and fight the allegations.

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