New Jersey

May 3, 2019 by Leonard J. French

Malibu Media and Strike 3 Holdings File 39 More Cases in New Jersey

Strike 3 Holdings and Malibu Media have filed more than 3 dozen cases in New Jersey over the past few weeks. Malibu Media filed 13 cases while Strike 3 Holdings filed twice as many. Both companies seem to be trying to maintain their record breaking number of lawsuits filed last year. New Jersey is a favorite target, with more than 380 cases filed last year alone.

The reason why these companies can file so many complaints is because each case is essentially the same with only the name of the IP address and specifics of the infringements differing. They begin by suing an anonymous IP address which they claim their investigators observed downloading the Plaintiff’s copyrighted films through BitTorrent networks. Strike 3 Holdings owns the rights to Vixen, Tushy, and Blacked, while Malibu Media owns the rights to X-Art.

After filing the complaint, the Plaintiff seeks to subpoena the internet service provider (e.g., AT&T, Charter, Xfinity/Comcast, Verizon, Optimum, Spectrum, etc.) for the identity of the internet subscriber assigned the specific IP address. Most people find out about the lawsuit when their ISP sends them a notice of the subpoena. These notices usually also explain that the only way to fight the subpoena is through a Motion to Quash.

Motions to Quash are complex in these cases as the subpoena is between the Plaintiff the ISP, therefore the subscriber has a high standard to meet in order to successfully “quash” (i.e., cancel or void) the subpoena.

If you have received one of these letters, it’s important to seek legal counsel without delay. Without action, your ISP is obligated to reveal your identity. If not defended against, the Plaintiff can name the defendant publicly and serve the complaint. Once you are served with a summons, you typically have 21 days to respond in Federal Court or face a default judgement. Acting quickly can sometimes prevent your identity from being released to the Plaintiff. In other cases, we can argue for a Motion for a Protective Order that can shield your identity from the public.

To learn about your options for defense, please don’t hesitate to contact me with your name, number, and case number (sometimes called docket number or civil action number). Please don’t hesitate to call me immediately at 888.801.8681. If calling after-hours, please leave a message with your name, number, and case number (sometimes called docket number or civil action number); I do return calls after-hours.

March 15, 2019 by Leonard J. French

14 New BitTorrent Lawsuits Filed in New Jersey from Strike 3 Holdings and Malibu Media

New Jersey has received 14 new BitTorrent-based copyright infringement lawsuits from Strike 3 Holdings and Malibu Media. Strike 3 Holdings filed 8 nearly identical cases on February 21 and Malibu Media filed 6 on February 14 – Valentine’s Day. Strike 3 Holdings owns the rights to Vixen, Tushy, and Blacked, while Malibu Media owns the right to X-Art. Although different companies, they both file very similar lawsuits and follow a similar strategy to turn BitTorrent downloading into a revenue stream.

They both begin with hiring an investigator that monitors BitTorrent traffic, including downloading the Plaintiffs’ films. The IP addresses are then geolocated to determine what state the IP address likely originates from and the Plaintiffs file a John Doe lawsuit against the IP address subscriber. The Plaintiffs claim that in order to properly serve the defendant, they must identify the John Doe and ask the courts for a subpoena for the identity from the internet service provider (e.g., Charter, Comcast, Verizon, Time Warner, etc.).

This is when most subscribers find out about the lawsuit. ISPs are required by the Cable Privacy Act to inform subscribers that their personally identifying information has been subpoenaed and give the subscribers a chance to file a Motion to Quash to prevent their identity from being released. Motions to Quash are complex in these cases as the subpoena is between the Plaintiff and the ISP, making the subscriber a third party.

Many defendants wish to defend anonymously because federal civil lawsuits are generally public record and easily searchable. For those who wish to minimize the suit’s effect on their private and professional lives, it is vital they retain counsel without delay.

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.

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New Jersey

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