BitTorrent Subpoena & Lawsuit Defense

New York

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Strike 3 Holdings Files 19 More Federal Lawsuits in New York

What has Strike 3 Filed?

Since December 30th, Strike 3 Holdings has filed more than 160 Federal cases, including 19 in New York. For any other Plaintiff, handling so many lawsuits at once could be a daunting task, but it’s standard practice for Strike 3. Each lawsuit is nearly identical, alleging that an investigator recorded an IP address infringing on Strike 3’s copyrights by downloading Vixen, Tushy, or Blacked films through BitTorrent networks. They then ask the courts to grant a subpoena for the name of the internet account holder behind the IP address. 

Motions to Quash

When an internet service provider, such as Verizon, receives the subpoena, they’re obligated to alert the subscriber. This is when most people find out about the lawsuit and the need to file a Motion to Quash to challenge the subpoena. 

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. 

What Should I Do?

Although Strike 3 files hundreds of lawsuits every year, they take each one seriously, and the consequences can be significant. If not defended against, these lawsuits can have damages of at least $750 per infringement, but the Plaintiff can ask for more. This can make a typical Strike 3 Holdings case worth $10,000s, if not $100,000s in damages. These cases shouldn’t be ignored.

The Plaintiff is often willing to settle or even dismiss the case when a defendant has an adequate defense. That’s why it’s so important to contact an experienced attorney right away. I can provide valuable information based on my years of experience. I work with a team of lawyers to ensure that I can represent you, no matter where you are. If you contact my office, you’ll be speaking with me directly. I strive to make sure that everyone who contacts me is informed, and understands their situation and all of the options available to them.

I can explain to you 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 opposing counsel, Jacqueline James, and can give you individualized guidance for your case.

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Strike 3 Holdings Subpoenas Identities of 186 Comcast Subscribers

What this Miami-Dade County Court Lawsuit Means

On December 30, 2020, Strike 3 Holdings filed its fifth case of the month (2020-031249-CC-05), in Miami-Dade County Court, this time to ask for subpoenas for an unbelievable 186 Comcast subscribers from across the country. Based on their IP addresses, we believe this represents people from California, Colorado, Connecticut, Florida, Georgia, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, Pennsylvania, Tennessee, Texas, Utah, Virginia, and Washington, DC. Strike 3 claims they documented 186 IP addresses committing copyright infringement by downloading Vixen, Tushy, or Blacked branded films through BitTorrent networks. 

So how is it that Strike 3 can sue so many people, from all across the country, in county court in Miami-Dade, Florida? Through a lesser known type of complaint called a Bill of Pure Discovery. They allege that the only relief they’re looking for is discovery, that is, a subpoena to the internet service provider (i.e., Comcast) for the identities of the internet subscribers behind each IP address.

Once the court grants the subpoenas, Comcast is obligated to respond unless the defendant files a Motion to Quash (i.e., a motion to cancel the subpoena).

Once Strike 3 has the internet subscriber’s identity, they will usually sue an adult male in the household claiming that he must be the infringer. These Federal lawsuits are serious and can have damages of at least $750 per infringement. This can make a typical Strike 3 Holdings case worth $10,000s, if not $100,000s in damages. These cases shouldn’t be ignored.

Can I just Ignore This?

Many people who receive a notice from their ISP wonder whether Strike 3 is actually serious about filing Federal lawsuits against those who refuse to settle the case. Many hope that Strike 3 will ignore or forget about them. Unfortunately, Strike 3 is one of the most prolific copyright plaintiffs in Federal Courts. In 2020, they filed almost 900 Federal cases, largely representing people who refused to settle when the case was first filed in Miami-Dade. Although Strike 3 often treats these lawsuits as an opportunity to make money through quick settlements, they are also willing to follow through in Federal court.

Motions to Quash

Given the serious nature of the allegations, many defendants want to pursue a Motion to Quash. This is understandable, and there are some valid arguments that while the case remains in Florida county court, such as arguing that the court doesn’t have jurisdiction over copyright matters, nor over non-Florida residents. However, this might not be the end of the case, as Strike 3 frequently files Federal lawsuits against those that oppose the subpoena.

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 make sure that we can serve you, no matter where you are. 

How I Can Help

The Plaintiff is often willing to settle or even dismiss the case when a defendant has an adequate defense. That’s why it’s so important to contact an experienced attorney right away. I can provide valuable information based on my years of experience fighting Strike 3. I work with a team of lawyers from across the country to help represent you, no matter which state you come from.

I’m happy to explain to you your options for defense and recommend the best way forward for your situation, whether it be watching and waiting, settling, a motion to quash, or a fighting in court.  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 Holdings Files 26 More Cases in New York

December hasn’t slowed down Strike 3, as they continue to file dozens of lawsuits, including 26 more in New York. For any other Plaintiff, this could be overwhelming, but it’s standard practice for Strike 3. Each lawsuit is nearly identical, alleging that an investigator recorded an IP address infringing on Strike 3’s copyrights by downloading Vixen, Tushy, or Blacked films through BitTorrent networks. They then ask the courts to grant a subpoena for the name of the internet account holder behind the IP address. 

The argument that the person that downloaded the films is the same as the subscriber is tenuous at best. Many people have households with shared internet connections. Others may have left their wifi unsecured or used a weak password, leaving them vulnerable to unauthorized access. Yet, the allegation that the subscriber may be the infringer is often enough for courts to grant a subpoena. 

When an internet service provider, such as Spectrum and Verizon, receives the subpoena, they’re obligated to alert the subscriber. This is when most people find out about the lawsuit and the need to file a Motion to Quash to challenge the subpoena and stop their identity from being released. 

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 make sure that we can serve you, no matter where you are. I’m also admitted to multiple Federal New York District Courts.

Although Strike 3 files hundreds of lawsuits every year, they take each one seriously, and the consequences can be significant. If not defended against, these lawsuits can have damages of at least $750 per infringement, but the Plaintiff can ask for more. This can make a typical Strike 3 Holdings case worth $10,000s, if not $100,000s in damages. These cases shouldn’t be ignored.

The Plaintiff is often willing to settle or even dismiss the case when a defendant has an adequate defense. That’s why it’s so important to contact an experienced attorney right away. I can provide valuable information based on my years of experience.

I can explain to you 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 opposing counsel, Jacqueline James, and can give you individualized guidance for your case.

[Read more…] about Strike 3 Holdings Files 26 More Cases in New York

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Strike 3 Holdings Subpoenas Identities of 101 Internet Subscribers Across the Nation

In their latest filing, case 2020-027925-CC-05 in Miami-Dade County Court, Strike 3 has targeted 101 more Internet Subscribers that Strike 3 claims have committed copyright infringement by downloading Vixen, Tushy, or Blacked branded films through BitTorrent networks. In just one filing, they’ve asked for subpoenas to Century Link, Cox, Frontier, Google Fiber, Optimum Online, RCN, and Wave Broadband, to force the ISPs to reveal their clients’ identities. Once the court grants the subpoena, the ISP is obligated to respond unless the defendant files a Motion to Quash (i.e., a motion to cancel the subpoena).

Once Strike 3 has the internet subscriber’s identity, they will usually sue an adult male in the household claiming that he must be the infringer. These Federal lawsuits are serious and can have damages of at least $750 per infringement. This can make a typical Strike 3 Holdings case worth $10,000s, if not $100,000s in damages. These cases shouldn’t be ignored.

Given the serious nature of the allegations, many defendants want to pursue a Motion to Quash. This is understandable, and there are some valid arguments while the case remains in Florida county court, such as arguing that the court doesn’t have jurisdiction over copyright matters, nor over non-Florida residents. However, this might not be the end of the case, as Strike 3 frequently files Federal lawsuits against those that oppose the subpoena.

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 make sure that we can serve you, no matter where you are. For example, in the present case, Strike 3 subpoenaed identities of people from California, Texas, Virginia, Arizona, Washington, Nevada, New York, New Jersey, Maryland, Colorado, and Connecticut (to name a few).

The Plaintiff is often willing to settle or even dismiss the case when a defendant has an adequate defense. That’s why it’s so important to contact an experienced attorney right away. I can provide valuable information based on my years of experience fighting Strike 3.

I’m happy to explain to you 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 Holdings Files 18 New Federal Lawsuits Across the Country

Strike 3 Holdings, one of the most prolific copyright Plaintiffs in the country, has filed 18 new Federal copyright lawsuits in Illinois (4 cases), Michigan (2 cases), New York (11 cases), and Pennsylvania (1 case), in only a matter of days. Each lawsuit is nearly identical, alleging that their investigators observed an IP address downloading Vixen, Tushy, or Blacked films through BitTorrent networks. They then allege that the internet subscriber associated with the IP address must be the alleged John Doe infringer. They then request a subpoena for subscriber’s identity from the Internet Service Provider (e.g., AT&T, Comcast, Cox, Spectrum, Verizon, etc.). 

The argument that the person that pays the internet bill must also be the copyright infringer is weak, as other people may have had access to the internet connection (for example). Yet, the barebones accusation that the subscriber is responsible is usually enough for Federal judges to grant the subpoena. Strike 3 Holdings has weaponized this process to try to extract the largest settlements they can from internet subscribers and they are notoriously aggressive.

The Plaintiff sees each infringement as worth at least $750 in statutory copyright damages, 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. That’s why it’s so important to contact an experienced attorney right away.

Many people discover the lawsuit after they receive a notice from their ISP, which advises them that the only way to fight the subpoena is through a Motion to Quash (i.e., a motion to cancel or “quash” the subpoena). In fact, many of these cases started out in county court in Miami-Dade, Florida, where people have had success in being dismissed from their case after filing a Motion to Quash. However, Motions to Quash in Federal cases are not as simple, as Strike 3 usually files in the correct jurisdiction, leaving fewer arguments against the subpoena. 

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.

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 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.

[Read more…] about Strike 3 Holdings Demands Identities of 39 Internet Subscribers from Across the Country