Torrent Lawsuit Defense

Nevada

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Strike 3 Holdings Demands Identities of 39 Internet Subscribers from Across the Country

Strike 3 Holdings, one of the most prolific copyright Plaintiffs in the country, has filed a lawsuit in Miami-Dade County Court demanding subpoenas to find out the identity of 39 internet subscribers (Case 2020-025803-CC-05, filed November 2, 2020). They allege that an investigator observed the IP addresses downloading Strike 3 films, marketed under the brands Tushy, Vixen, and Blacked, through BitTorrent networks. The IP addresses of the subscribers have been geolocated to California, Connecticut, Florida, Illinois, Massachusetts, Maryland, Nevada, New Jersey, New York, and Texas. Strike 3 has also alleged that the internet subscriber associated with each IP address must be the alleged copyright infringer.

This is a tenuous argument at best, as there are many reasons why the subscriber might not be the infringer (e.g., someone else had access to the internet connection or the wifi was left unprotected). However, Miami-Dade county court judges routinely grant subpoenas to force internet service providers, like Cox, Frontier, Optimum Online, RCN, and Webpass, to reveal the name of the accused internet subscriber.

It is possible to fight the subpoena through a Motion to Quash (i.e., a motion to cancel or “quash” the subpoena) because the case was filed in a state court, which lacks jurisdiction over copyright matters and non-Florida residents. However, that may not be the end of the case, as Strike 3 routinely files federal lawsuits against those that fight the subpoena. These federal cases are often in the right jurisdiction, making another motion to quash complicated.

If you’re considering a Motion to Quash, please contact me. I’ve defended over 1,000 people against plaintiffs like Strike 3 Holdings and have significant experience with Motions to Quash. I can help explain when they can be helpful and when they could be potentially harmful. I work with a team of lawyers from across the country to provide the best defense, regardless of the state you live in.

Strike 3 Holdings is notoriously aggressive in pursuing each case, and each allegation is serious. The Plaintiff sees each infringement as worth at least $750, which they often ask to treble to $2,250 for what they see as “willful infringement”. Strike 3 Holdings cases, if lost in court, could easily cost $10,000s, or even $100,000s. However, the Plaintiff is often willing to settle for less or even dismiss the case when a defendant has an adequate defense. This is why it’s so important to contact an experienced attorney right away.

If you’ve received a notice from your internet service provider, please contact me. I can explain your options for defense and recommend the best way forward for your situation. I’ve represented more than 1,000 people across the country, and I focus my practice on defending against BitTorrent based lawsuits. I’m very familiar with this Plaintiff and can give you individualized guidance for your case.

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Strike 3 Seeks Almost 150 Identities in Florida Case

Strike 3 Holdings is at it again, this time requesting nearly 150 identities through an obscure type of lawsuit called a Bill of Pure Discovery in Florida’s Miami-Dade County Court. Strike 3 argues that their investigators have captured a list of IP addresses that were observed downloading their films (branded under Vixen, Tushy, and Blacked) through BitTorrent networks. They then ask the court to provide a subpoena for the internet service provider (e.g., Atlantic Broadband, Cox, Frontier, Hotwire, Optimum Online, PenTeleData, RCN, San Bruno Cable, Webpass, Ziply Fiber, etc.) to provide the name of the subscriber behind the IP address. They then make the leap that the subscriber must be the copyright infringer and sue the subscriber in Federal court.

Although the lawsuit was filed in Florida, only a minority (22 IP addresses) are actually geolocated to Florida. The rest are from across the country, including New York (31), Arizona (20), California (20), Nevada (11), Massachusetts (8), Texas (7), New Jersey (6), Connecticut (5), Virginia (4), Illinois (4), Pennsylvania (2), Washington, DC (2), Colorado (2), Maryland (1), Nebraska (1), and Washington (1). I’ve represented people from across the country, am admitted to several Federal courts, and have a network of local counsel to help.

However, don’t let the number of defendants make you think that Strike 3 may forget about you. They are notoriously aggressive in pursuing each case, and each allegation is serious. IP addresses in this case are linked to between 24 and 205 infringements. The Plaintiff sees each infringement as worth at least $750, which they often ask to treble to $2,250 for what they see as “willful infringement”. Thus, the cases listed here could reasonably be worth between more than $54,000 to more than $460,000 in statutory damages. However, the Plaintiff is often willing to settle for less or may even dismiss the case when a defendant puts up an adequate defense.

Many subscribers first learn about the lawsuit when they’re notified through their ISP, which often mention Motions to Quash. When cases are filed in Florida’s county court, it’s possible to argue that the court doesn’t have subject matter jurisdiction (as copyright is supposed to be handled in Federal courts). For non-Florida residents, we can also argue that there’s no personal jurisdiction either.

However, Strike 3 routinely refiles their case against defendants in the correct Federal court and asks for the subpoena information again. This means that for some, a Motion to Quash is just a delaying tactic and doesn’t bring an end to the case. If you’re considering a Motion to Quash, please contact me so I can explain in which circumstances I advise it and when I believe it will actually cost you more.

If you’ve received a notice from your internet service provider, please contact me. I can explain your options for defense and recommend the best way forward for your situation. I’ve represented more than 1,000 people across the country, and focus my practice on defending against BitTorrent based lawsuits. I’m very familiar with this Plaintiff and can give you individualized guidance for your case.

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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.

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Strike 3 Holdings Puts Pressure on Internet Subscribers by Filing Federal Lawsuits in Across the Country

As previously described, Strike 3 Holdings has filed requests for hundreds upon hundreds of internet subscribers’ identities based on bare bones allegations that their investigators observed IP addresses downloading Vixen, Tushy, or Blacked branded films through BitTorrent networks. They do this through a ‘Pure Bill of Discovery’ in Miami-Dade county court where the only relief they ask for is a subpoena for the internet subscriber’s identity. This is flawed for a number of reasons, not the least of which is that Miami-Dade county court has no jurisdiction over copyright matters and most of the internet subscribers are not in Florida.

Many defendants have fought the improper subpoenas 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 has filed more than 80 Federal cases this year. Most cases have been filed in California (38 cases) and Florida (15 cases). Additional cases have been filed in New York (10 cases), Illinois (9 cases), New Jersey (6 cases), Michigan (3 cases), Nevada (3 cases), Connecticut (2 cases), and Virginia (1 case). Approximately half of these cases include a request for a subpoena to get the subscriber’s identity from their Internet Service Provider.

Since in half the cases Strike 3 already has the Defendant’s identity, this means this Plaintiff is aggressive whether defendants fight with a motion to quash or not.

Notably, Strike 3 is usually successful in receiving a second subpoena from Federal courts. However, there are some districts in which they have been denied. If you have received a notice from your ISP that Strike 3 has subpoenaed your identity or has filed a Federal lawsuit against you, please 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.

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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