New York

June 4, 2019 by Leonard J. French

Malibu Media and Strike 3 Holdings File Hundreds More Cases Across the Country

Since mid-April, Malibu Media and Strike 3 Holdings have filed more than 200 more BitTorrent based copyright lawsuits across the country. Despite Strike 3 Holdings’ lead counsel, Lincoln Bandlow, leaving the prestigious law firm Fox Rothschild, Strike 3 Holdings continues to blanket the country in lawsuits – including 30 in California, 10 in Connecticut, 5 in Maryland, 14 in Michigan, 26 in New Jersey, and 74 in New York. Malibu Media has also filed a slew of similar lawsuits – 4 in Connecticut, 1 in the District of Columbia, 10 in Illinois, 1 in Maryland, 10 in Michigan, 12 in New Jersey, 14 in New York, 6 in Pennsylvania, and 8 in Virginia.

The reason these companies are able to file so many lawsuits is in part because each lawsuit is nearly identical. The Plaintiffs each state they hire investigators to monitor BitTorrent network traffic and identify IP addresses associated with downloading the Plaintiff’s copyrighted films. Malibu Media owns the rights to X-Art, and Strike 3 Holdings owns the rights to Vixen, Tushy, and Blacked.

The Plaintiff sues the IP address and claim in order to serve the defendant with the complaint, they need to subpoena the Internet Service Provider (e.g., Charter, Comcast, Optimum Online, RCN, Spectrum, Time Warner Cable, etc.) to discover the identity of the subscriber. Of course, the internet subscriber may not be the person who downloaded the files and other people may, with or without permission, may use a subscriber’s internet connection.

Most people discover the lawsuit when they receive a notice from their ISP indicating 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 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.

April 18, 2019 by Leonard J. French

Malibu Media and Strike 3 Holdings File 73 More Lawsuits in New York

New York is seeing a staggering number of copyright cases in file, with Malibu Media recently filing 17 new cases and Strike 3 Holdings filing 56. Strike 3 Holdings owns the rights to Vixen, Tushy, and Blacked, while Malibu Media owns the rights to X-Art. These two Plaintiffs are known for mass filing copyright cases against anonymous internet subscribers, identified only as an IP address. They claim their investigators have identified scores of internet subscribers as downloading their content through BitTorrent networks. They then subpoena the internet service provider (ISP) to discover the identity of the internet subscriber, despite knowing that many times the subscriber is not the infringer.

Most people find out about the lawsuit after receiving a notice from their ISP (such as Comcast, Verizon, Optimum Online, Time Warner, RCN, Spectrum, etc.) that states the subscriber must file a Motion to Quash in court in order to prevent the ISP from disclosing their identity. These cases are complex, since the subpoena is between the ISP and the Plaintiff, making the subscriber a third party.

If the subscriber would like to remain anonymous, it is important to secure effective representation as quickly as possible. Without action, the Plaintiff will amend the complaint to name the subscriber and then formally serve the complaint on the subscriber. Once the complaint is served, the defendant must act quickly to avoid a default judgement, with $1,000s in damages per alleged infringement.

These notices are serious. However, there are a variety of options for defense.

February 26, 2019 by Leonard J. French

New York Hit with 88 New Strike 3 Holdings and Malibu Media Bittorrent Lawsuits

In only five weeks, 88 new BitTorrent lawsuits were filed in New York – 78 from Strike 3 Holdings and 10 from Malibu Media. This averages to more than 2 lawsuits per day! Although both companies represent different brands (Malibu Media owns the rights to X-Art and Strike 3 Holdings owns the rights to Vixen, Tushy, Blacked, and Blacked Raw), both companies operate similarly. They’re notorious for filing seemingly endless copyright infringement lawsuits against individual internet subscribers identified only through an IP address. Each lawsuits asks the courts to grant a subpoena so that the Plaintiff can learn the name and address of the internet subscriber.

Most people first learn about the lawsuit when they receive a notice from their internet service provider (e.g., Comcast, Verizon, Optimum Online, or Time Warner) that their identity has been subpoenaed and will be released unless further action is taken. The ISP is obligated to comply with the subpoena as it’s a court order to produce the information. The only way to fight the subpoena is through a Motion to Quash – a court motion that argues why the court should cancel (or quash) the subpoena.

These notices are serious. If you do not respond, your ISP is obligated to provide your identity to the Plaintiff, which allows them to serve you with a summons and complaint. Once you are served, you typically have 21 days to respond in Federal court. If you do not respond to the complaint in court, the Plaintiff can ask for a default judgement, where damages can be in the $1,000s per infringement plus attorneys fees and costs.

January 22, 2019 by Leonard J. French

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

Reddit user /u/beardfearer may fear beards, but not copyright notices Strike 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.

December 29, 2018 by Leonard J. French

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

Reddit user /u/beardfearer may fear beards, but not copyright notices Strike 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.

December 3, 2018 by Leonard J. French

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

Reddit user /u/beardfearer may fear beards, but not copyright notices Strike 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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