Torrent Lawsuit Defense

New York

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Strike 3 Holdings Starts the New Year with 15 New Cases in New York

Reddit user /u/beardfearer may fear beards, but not copyright noticesStrike 3 Holdings started the New Year by filing 15 new BitTorrent-based copyright cases in New York. Each complaint is nearly identical and alleges that an overseas investigator recorded the IP address downloading and sharing Strike 3 Holdings’ adult films through BitTorrent networks. Its films are marketed under the Tushy, Vixen, Blacked, and Blacked Raw brands.

Strike 3 Holdings sues each unnamed internet subscriber as a “John Doe”, identified only through an IP address. It then requests a subpoena to the subscriber’s internet service provider (ISP) compelling them to reveal the account holder’s identity. Once identified, Strike 3 Holdings serves 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 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, therefore the subscriber is a third party. If a subscriber wishes to remain anonymous, it is important to secure representation early. This can provide for more options to protect your identity and fight the allegations.

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Strike 3 Holdings and Malibu Media File 75 More Cases in New York

Reddit user /u/beardfearer may fear beards, but not copyright noticesStrike 3 Holdings and Malibu Media don’t seem to be taking any time off for the holidays. They have continued to sweep New York with 75 more file sharing lawsuits against John Does. Strike 3 Holdings has been particularly busy, filing 57 new BitTorrent lawsuits, including 23 on Christmas Day. Malibu Media has also filed 18 more cases against internet subscribers.

Although different companies, Strike 3 Holdings and Malibu Media have similar strategies. They both pay overseas investigators to monitor BitTorrent activity and record the IP addresses observed downloading their copyrighted films. Strike 3 Holdings owns the rights to Vixen, Tushy, Blacked, and Blacked Raw and Malibu Media owns X-Art. Both companies are notorious mass-filers of these copyright suits. The companies then sue the IP addresses for copyright infringement, asking for thousands of dollars in damages per infringement.

The Plaintiffs are able to file so many lawsuits because each lawsuit is virtually identical, with only the IP address and details of the alleged infringements differing. They sue each IP address as a “John Doe” and then subpoena the internet service provider (ISP) to discover the name of the subscriber. Usually the defendant first finds out about the lawsuit when they receive a notice from their ISP regarding the subpoena and the option to file a motion to quash. It is important to begin an effective defense at this stage. Securing representation early can provide you with more options to protect your identity and how to fight the allegations.

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Strike 3 Holdings Floods New York with 45 New Lawsuits in just 2 Days

Reddit user /u/beardfearer may fear beards, but not copyright noticesStrike 3 Holdings has flooded New York with 45 new copyright infringement lawsuits. New York is not the only state to be blanketed with suits, as Strike 3 Holdings has filed more than 150 cases in the past week. There seems to be no end to the lawsuits as unsuspecting internet subscribers find themselves caught up in what Judge Lamberth of Washington, DC described as a “high tech shakedown” where the Plaintiffs treat the court system “as an ATM.”

How is Strike 3 Holdings able to file more than 20 lawsuits a day for an entire week? The Plaintiff uses boiler plate lawsuits that allege unnamed defendants, called John Does, have committed copyright infringement by downloading Strike 3 Holdings’ films through BitTorrent networks. The only thing that differs between lawsuits is the IP address and list of alleged copyright infringements. Strike 3 Holdings films are marketed under the brands Vixen, Tushy, Blacked, and Blacked Raw.

Once the lawsuit is filed, Strike 3 Holdings asks to subpoena the internet service provider (ISP) in order to get the name of the account holder of the IP address. Internet subscribers usually first find out about the lawsuit when they receive a notice of the subpoena from their ISP stating they need to file a Motion to Quash in order to stop the release of their information.

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Malibu Media Files 9 More BitTorrent Lawsuits in New York

Reddit user /u/beardfearer may fear beards, but not copyright noticesMalibu Media continues their record breaking year of filing lawsuits, this time filing 9 more lawsuits in New York. This year alone, they have filed more than 1100 lawsuits across the country, including more than 170 in New York alone.

Every lawsuit is almost identical. Each defendant is an unnamed internet subscriber, known as a John Doe. Malibu Media alleges an investigative company has observed each IP address contributing to downloading and sharing X-Art branded adult films.

Once the lawsuit is filed, Malibu Media asks to subpoena the internet service provider (ISP) in order to get the name of the account holder of the IP address. Internet subscribers usually first find out about the lawsuit when they receive a notice of the subpoena from their ISP stating they need to file a Motion to Quash in order to stop the release of their information.

Although downloading through BitTorrent may feel commonplace, the lawsuits against alleged downloaders are serious and represent potentially thousands of dollars in damages per infringement. When multiple infringements are alleged, damages granted by the court can easily escalate into 10’s or 100’s of thousands of dollars. This makes an early and effective defense against these suits all the more important. For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.

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Malibu Media and Strike 3 Holdings Restart their Rapid Pace of Filing Across the Country

Reddit user /u/beardfearer may fear beards, but not copyright noticesMalibu Media and Strike 3 Holdings slowed their rate of filing new lawsuits in October but are picking up their pace again. In September, Malibu Media filed more than 160 new BitTorrent file sharing lawsuits, yet filed only 10 in October. Strike 3 Holdings followed a similar pattern, filing more than 340 cases in September and 38 in October.

Any hope that Malibu Media were slowing down long term seems to be fading as they have filed 34 cases in the first two weeks of November. Strike 3 Holdings has remained relatively quiet by only filing 4 new cases in November.

Both companies file similar lawsuits. They allege that they have hired investigators to monitor BitTorrent traffic and record IP addresses that contribute to the downloading and sharing of the Plaintiffs’ copyrighted films. They then sue the internet subscriber as a John Doe and subpoena the identity of the subscriber from the internet service provider (ISP). The subscribers usually first find out about the lawsuit when they receive a notice of the subpoena from their ISP stating they need to file a Motion to Quash in order to stop the release of their information.

Although downloading through BitTorrent may feel commonplace, the lawsuits against alleged downloaders are serious and represent thousands of dollars in damages per infringement. When multiple infringements are alleged, damages granted by the court can easily escalate into 10s or 100s of thousands of dollars. This makes an early and effective defense against these suits all the more important.

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69 More Lawsuits from Strike 3 Holdings and Malibu Media

Reddit user /u/beardfearer may fear beards, but not copyright noticesStrike 3 Holdings and Malibu Media are continuing to blanket the country in BitTorrent-based file sharing lawsuits, this time in California, Illinois, Maryland, Michigan, New Jersey, New York, and Pennsylvania. Strike 3 Holdings has been particularly busy, filing 17 cases in California, 7 in Illinois, 16 in Maryland, and 5 in New York. Malibu Media has also filed 9 new cases in Michigan, 5 in New Jersey, and 10 in Pennsylvania.

Both companies file similar lawsuits. They allege that they have hired investigators to monitor BitTorrent traffic and record IP addresses that contribute to the downloading and sharing of the Plaintiffs’ copyrighted films. They then sue the internet subscriber as a John Doe and subpoena the identity of the subscriber from the internet service provider (ISP).

Although downloading through BitTorrent may feel commonplace, the lawsuits against alleged downloaders are serious and represent thousands of dollars in damages per infringement. When multiple infringements are alleged, damages granted by the court can easily escalate into 10s or 100s of thousands of dollars. This makes an early and effective defense against these suits all the more important.

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