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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.

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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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Pennsylvania Flooded by 20+ File Sharing Lawsuits by Malibu Media and Strike 3 Holdings

The new year has brought new BitTorrent-based copyright lawsuits by Malibu Media and Strike 3 Holdings. Pennsylvania has been flooded with more than 20 new cases with Malibu Media filing 7 new cases on January 8 and Strike 3 Holdings filed 14 more on January 22 and 23. These two notorious copyright Plaintiffs are different companies (Malibu Media owns the X-Art brand and Strike 3 Holdings owns Tushy, Vixen, Blacked, and Blacked Raw) but operate very similarly. Both allege an overseas investigator recorded an IP address downloading and sharing the Plaintiff’s copyrighted adult films.

Once an IP address has been observed downloading multiple films, the Plaintiff files a lawsuit against 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 the IP address was assigned to. 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 possibility to file 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.

[Read more…] about Pennsylvania Flooded by 20+ File Sharing Lawsuits by Malibu Media and Strike 3 Holdings