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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.

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.

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Strike 3 Holdings Subpoenas 278 Identities in California, Texas, New Jersey, and Maryland

Strike 3 Holdings has ramped up their efforts to uncover internet subscriber identities in order to demand settlements for alleged copyright infringement. They’ve filed three new Bills of Pure Discovery in Miami-Dade County court in Florida, listing a total of 278 IP addresses, with most of these subscribers from California (217) and Texas (61), although there were some located in New Jersey (3) and Maryland (5). The cases were directed at Comcast, Spectrum, and AT&T internet subscribers. Common cities targeted in California were Los Angeles, San Diego, San Francisco, and San Jose. Common cities targeted in Texas included Houston and Dallas.

Strike 3 submits nearly identical filings in each case, claiming that the subscribers behind the listed IP addresses have infringed on their copyrights by downloading Vixen, Tushy, and Blacked branded films through BitTorrent networks. They then ask the Miami-Dade County Court for relief in the form of subpoenas to uncover the subscriber’s identity. They then use this information to file Federal copyright lawsuits across the country if a settlement isn’t offered.

This is a new strategy. Previously, Strike 3 filed individual Federal lawsuits against each IP address. However, this was expensive, time consuming, and many cases didn’t result in a settlement. By asking a Miami-Dade court for subpoenas, they can ask for hundreds of identities at once, avoid the oversight of Federal courts, save money, and speed up the pace of demanding settlements.

If you have received a notice from your ISP that Strike 3 has subpoenaed your identity, don’t hesitate to contact us. We can explain what the case means, your options for defense, and what we recommend in your situation. We focus on exactly this type of litigation and have defended people across the country. Please be ready with your case number and IP address associated with your case.

One option is to file a Motion to Quash, which is a way to ask the court to cancel the subpoena. Without a Motion to Quash, your ISP is required to release your identity. Motions to Quash in Miami-Dade court generally argue a lack of jurisdiction because copyright cases belong in Federal courts in the district where the subscriber lives. However, filing a Motion to Quash in Florida may not be the end of the case and Strike 3 can become more demanding, filing a Federal lawsuit in the correct district to get their subpoena. In California, Federal Motions to Quash have had mixed results. If you are considering a Motion to Quash, please contact us without delay so we can explain the benefits and risks.

These cases are serious. Statutory copyright infringement damages are often calculated at $2,250 per infringement. We have experience defending against these new tactics and will be able to help explain what the case means, your options for defense, and recommend the best path forward for you.

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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.

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