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.