Torrent Lawsuit Defense

New York

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Strike 3 Holdings Requests 71 Subpoenas for New York, New Jersey, and Connecticut Optimum Online Subscribers

Strike 3 Holdings has filed requests for 71 more subpoenas for Optimum Online internet subscribers from New York (48 cases), New Jersey (21 cases), and Connecticut (2 cases). They allege these IP addresses were observed downloading Strike 3’s films (marketed through the Vixen, Tushy, and Blacked brands) through BitTorrent networks.

They want to sue the subscribers behind the IP address for copyright infringement but argue they need the subscribers’ identity first. To get this, they ask a Miami-Dade county court in Florida to grant an obscure form of relief called a ‘Pure Bill of Discovery’, which allows them to subpoena the internet service provider for subscriber information. This is flawed for a number of reasons, especially since Miami-Dade county court has no jurisdiction over copyright matters and likely none of these internet subscribers live in or conduct business in Florida.

If Strike 3 gets the subscribers’ identities, they then 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 Optimum Online and you’re considering a Motion to Quash, settling, or fighting in court, please call us at 888.801.8681 or email us. 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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Strike 3 Holdings Uses New Tactics to Subpoena 650+ Identities

Since February, Strike 3 Holdings has asked a Florida Miami-Dade County court for subpoenas for more than 650 internet subscriber identities from AT&T, Comcast, Cox Communications, Optimum Online, Spectrum, and Verizon.  They’re using an obscure provision under state law called a Bill of Pure Discovery However, these subpoenas are on very shaky ground. Strike 3’s claims fall under copyright law, which is under Federal jurisdiction. The second issue is that most of the IP addresses are not located within Florida. This means that someone who has never been to Florida, didn’t commit any copyright infringement in Florida, and has no business there, can still have their identity subpoenaed through a Florida court.

Strike 3 Holdings was once known for filing thousands of John Doe copyright infringement lawsuits against individual IP addresses in Federal court. They typically allege that their investigators observed the IP address downloading Strike 3’s movies (marketed under the brands Vixen, Tushy, and Blacked) through BitTorrent networks. However, an IP address is not a person, so they would file motions for early discovery to allow them to subpoena an internet subscriber’s identity from the ISP. However, this was expensive. Each lawsuit cost $400 to file and the subscriber information they received may have meant they couldn’t reasonably pursue a copyright case (e.g., if the subscriber was a coffee shop).

By filing in county court, they can subpoena hundreds of identities for a few hundred dollars. If anyone tries to challenge the legitimacy of the case through a Motion to Quash, Strike 3 dismisses those IP addresses from the case. However, that may not be the end of the case for that individual. If you’ve received a notice that your identity has been subpoenaed, please contact us so we can explain the benefits and risks of filing a Motion to Quash.

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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Strike 3 Holdings Sues for More than 300 Identities

Although it appeared that Strike 3 Holdings was slowing down how many Federal lawsuits it was filing, it’s actually increasing the speed at which it is trying to discover identities of internet subscribers it alleges have downloaded its films through BitTorrent networks. From November 20, 2019 to January 27, Strike 3 requested the identities of more than 300 subscribers.

Strike 3 owns the rights to Vixen, Tushy, and Blacked branded adult films. It hires investigators to monitor BitTorrent traffic and record IP addresses that download and share its films. Previously, it filed Federal lawsuits against the IP addresses, looking for a settlement in order to dismiss the case. However, each case filing was at the cost of $400 in court fees alone. It would have cost more than $120,000 in filing fees alone.

Now, it’s been filing cases in Florida’s Miami-Dade county court for a Bill of Pure Discovery – a way to ask for subpoenas for the identities of dozens of people at once, with very little court oversight.

This is when most people become aware of the case against them. They receive a notice from their Internet Service Provider (e.g., AT&T, Comcast, Frontier, Optimum Online, Spectrum, etc.) stating that Strike 3 has subpoenaed the account holder’s identity. The notice will often state that the subscriber may file a Motion to Quash in order to block the subpoena.

If you have received one of these notices, please call us for more information. 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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Malibu Media and Strike 3 Holdings File 35 Cases in New York

If You’ve Received a Notice from Strike 3 Holdings or Malibu Media – Read This

Thirty-five more BitTorrent-based copyright infringement lawsuits have been filed in New York by Malibu Media (7 cases) and Strike 3 Holdings (28 cases). Malibu Media owns the rights to X-Art brand films and Strike 3 Holdings operates Vixen, Tushy, and Blacked. For any other type of Plaintiff, mass-filing these lawsuits would be extraordinarily difficult. These Plaintiffs, however, file nearly identical lawsuits, only changing the IP address accused of infringement and the list of alleged infringements. They allege their investigators observed an IP address repeatedly downloading the Plaintiff’s copyrighted works through BitTorrent networks and then sues each IP address for copyright infringement.

However, an IP address is merely a unique identifier for an internet connection. In order to find the proper defendant (that is the person that downloaded the files), the Plaintiff subpoenas the Internet Service Provider (e.g., Charter/Spectrum, XFinity/Comcast, Optimum/Altice, RCN, Verizon, etc.) for the subscriber’s identity. Some judges have noted that it’s dubious to assume the internet subscriber (the person that pays the bill) is the same person who downloaded the material. After all, many homes have multiple people who use the same internet connection – and unauthorized use can occur. The subscriber may not even live at the residence the internet is being provided for.

Yet, courts across the country have granted tremendous leeway to Malibu Media and Strike 3 Holdings to allow them to get the identities of internet subscribers to try to find a person willing to pay a settlement. The settlement amounts are carefully calculated to be just below the cost of an effective defense.

Most subscribers find out about the lawsuit when they receive a notice from their Internet Service Provider (ISP) notifying them that the Plaintiff has subpoenaed the subscriber’s identity. The ISP is obligated to comply with the subpoena unless a Motion to Quash is filed. This is a court motion to void or “quash” the subpoena. However, 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. I’m happy to discuss with you whether filing a Motion to Quash or alternative motions is advisable in your case.

If you’ve received one of these notices or have been served with the lawsuit, it’s vital to retain counsel without delay. There are timelines imposed by the court that must be adhered to in order to defend yourself. This Plaintiff is notoriously aggressive and an effective defense can help secure the best possible outcome for you. Failing to respond in court once you have been served can result in a default judgement against you. Default judgments typically involve ruling in the Plaintiff’s favor and awarding thousands of dollars in damages per infringement in addition to the Plaintiff’s legal fees and costs.

For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.

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Strike 3 Holdings files 88 Cases in Colorado, Maryland, New Jersey, and New York – Over Just 3 Days!

Important – If You’ve Received a Notice from Strike 3 Holdings – Read This!

On June 18, 19, and 20, Strike 3 Holdings filed 88 new lawsuits in Colorado (14 cases), Maryland (21 cases), New Jersey (28 cases), and New York (25 cases). Strike 3 Holdings owns the rights to Vixen, Tushy, and Blacked brand adult films and is known for suing individuals associated with an IP address they alleged downloaded their films through BitTorrent networks.

For any other type of Plaintiff, filing 88 lawsuits in 3 days would be a massive undertaking, however, Strike 3 Holdings can file so many lawsuits because each one is nearly identical. They allege their investigators observed an IP address repeatedly downloading the Plaintiff’s copyrighted works through BitTorrent networks and then sues each IP address for copyright infringement.

But, an IP address is just a unique identifier for an internet connection. In order to find the proper defendant, that is the person that actually infringed the Plaintiff’s copyright, the Plaintiff subpoenas the Internet Service Provider (e.g., Charter, Comcast, Optimum Online, RCN, Spectrum, Time Warner Cable, etc.) for the subscriber’s identity. Some judges have noted that it’s tenuous to equate the internet subscriber (the person that pays the bill) and the person who actually downloaded the material. After all, many homes have multiple people who use the same internet connection – sometimes even those without permission may access a poorly secured wifi connection. Some subscribers may not even live at the residence the internet is being provided for, such as with some landlords.

Yet, courts across the country have granted tremendous leeway to Strike 3 Holdings to allow them to get the identities of internet subscribers to try to find a person willing to pay a settlement. The settlement amounts are carefully calculated to be just below the cost of an effective defense.

Most subscribers find out about the lawsuit when they receive a notice from their Internet Service Provider (ISP) notifying them the ISP has received a subpoena from Strike 3 to discover the subscriber’s identity. The ISP is obligated to comply with the subpoena unless a Motion to Quash is filed. This is a court motion to void or “quash” the subpoena. However, 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. I’m happy to discuss with you whether filing a Motion to Quash or alternative motions is advisable in your case.

If you’ve received one of these notices or have even been served with the lawsuit, it’s vital to retain counsel without delay. This Plaintiff is notoriously aggressive and an effective defense can help secure the best possible outcome for you. If you do not try to fight the subpoena, you may be served with the complaint – meaning you usually have 21 days to respond in Federal court or risk a default judgement. Default judgments typically involve ruling in the Plaintiff’s favor and awarding thousands of dollars in damages per infringement in addition to the Plaintiff’s legal fees and costs.

For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.

[Read more…] about Strike 3 Holdings files 88 Cases in Colorado, Maryland, New Jersey, and New York – Over Just 3 Days!