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Strike 3 Holdings Files 52 More BitTorrent Cases in California

Strike 3 Holdings, one of the largest filers of online copyright infringement lawsuits in the United States, has filed 52 more lawsuits in California over just 5 weeks. The reason why Strike 3 Holdings can file so many lawsuits in such a short period of time is because each lawsuit is nearly identical.

Strike 3 owns the rights to several adult film brands, including Vixen, Tushy, Blacked, and Blacked Raw. It claims that it uses an overseas investigator to monitor BitTorrent traffic. The investigators record each IP address that they observe sharing one of Strike 3’s films. They then file a lawsuit against the internet subscriber to which the IP address is assigned. It argues that in order to properly name and serve the complaint on the defendant, it needs to subpoena the identity of the internet subscriber from the Internet Service Provider (e.g., Comcast, Verizon, Optimum Online, Time Warner, etc.).

Many people first discover the lawsuit when they receive a notice from their ISP that Strike 3 Holdings has subpoenaed their identity. As the subpoena acts like a court order, the only way to fight it is through filing a Motion to Quash. Motions to Quash are complicated in these cases as the subpoena is between the Plaintiff and the ISP, meaning the internet subscriber is a third party.

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 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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21 New BitTorrent Lawsuits in Maryland by Strike 3 Holdings and Malibu Media

21 new BitTorrent-based copyright infringement lawsuits have been filed in Maryland by Strike 3 Holdings (16 cases) and Malibu Media (5 cases). Strike 3 Holdings owns the rights to Vixen, Tushy, Blacked, and Blacked Raw. Malibu Media owns the rights to X-Art.

The lawsuits filed in this state are nearly identical to lawsuits filed by Strike 3 and Malibu Media in other states. Both Plaintiffs start by identifying an IP address they claim their investigators observed downloading adult films through BitTorrent networks. They then sue the internet subscriber associated with the IP address as a John Doe and ask the courts for a subpoena to get the name of the internet subscriber through the Internet Service Provider (ISP).

Most people discover the lawsuit when they receive a notice from their ISP (e.g., Comcast, Verizon, Time Warner, Optimum Online, etc.) informing them of the subpoena and that their information will be disclosed unless the subscriber files a Motion to Quash.

Motions to Quash are court motions that argue that the court shouldn’t grant the subpoena request. Motions to Quash in these cases are complex because the subpoena is between the Plaintiff and the ISP, meaning the internet subscriber is actually a third-party.

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.

[Read more…] about 21 New BitTorrent Lawsuits in Maryland by Strike 3 Holdings and Malibu Media