BitTorrent Subpoena & Lawsuit Defense

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Strike 3 Holdings Files 42 More Lawsuits in Colorado, Illinois, Maryland, Michigan, and Pennsylvania

Strike 3 Holdings has been filing lawsuits at a breakneck pace. The 9 cases in Colorado, 10 in Illinois, 4 in Maryland, 9 in Michigan, and 10 in Pennsylvania represent only a portion of the cases filed across the country. Each lawsuit is nearly identical. Strike 3 claims they hired investigators to monitor BitTorrent traffic for IP addresses they allege download and share Strike 3’s films. Strike 3 owns the rights to Vixen, Tushy, and Blacked. The Plaintiff then files a lawsuit against the subscriber the IP address belongs to.

Since the Plaintiff only has an IP address, they ask for a subpoena to find out the name of the internet subscriber the IP address belongs to. However, this is a tenuous connection. Many people, with and without permission, may have access to a person’s internet connection. Sometimes the subscriber doesn’t even live where the internet is being provided, such as when the subscriber is a landlord. There are numerous other reasons a subscriber may not be the one responsible for copyright infringement.

Most subscribers find out about the lawsuit when they receive a notice from their Internet Service Provider (e.g., Charter, Comcast, Optimum Online, RCN, Spectrum, Time Warner Cable, etc.) saying they have received a subpoena from Strike 3 Holdings 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 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.

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.

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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.

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Strike 3 Holdings and Malibu Media File 16 More BitTorrent cases in Pennsylvania

Strike 3 Holdings and Malibu Media have continued to sweep the Northeast by filing 16 more cases in Pennsylvania. Most of the cases, 11, were filed by Strike 3 Holdings but Malibu Media has filed 5 additional lawsuits. The two Plaintiffs are different companies and represent different brands (Strike 3 Holdings owns the rights to Blacked, Blacked Raw, Tushy, and Vixen; Malibu Media owns the rights to X-Art), they follow a similar pattern in filing lawsuits.

Both begin by alleging that their investigators recorded an IP address, geolocated to Pennsylvania, allegedly downloading and sharing the Plaintiff’s films through BitTorrent networks. They then ask the court for a subpoena to identify the internet subscriber behind the IP address. The courts routinely grant these subpoenas, forcing the internet service provider (e.g., Comcast, Verizon, Charter, Time Warner, etc.) to disclose the identify of the internet subscriber.

Most people find out about the lawsuit when they receive a notice from their ISP informing them of the subpoena. The only way to fight the subpoena is through a court motion called a Motion to Quash. These motions are complex in these cases because although it is the subscriber’s information that will be disclosed, they are actually a third-party to the subpoena.

Many defendants wish to defend anonymously because federal civil lawsuits are generally public record and easily searchable. For those who wish to minimize the suit’s effect on their private and professional lives, it is vital they retain counsel without delay.

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

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