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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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After Federal Pushback, Strike 3 Holdings asks Florida State Court for Subpoena Power

Since August 1, 2019, Strike 3 Holdings has only filed 9 new Federal cases, with 7 cases in Florida and 2 in New Jersey. However, it appears that Strike 3 Holdings hasn’t stopped asking for internet subscribers’ identities; they’ve just changed tactics and are switching to state level courts.

In the past, Strike 3 Holdings has used MaxMind Geolocation services to determine the general region for an IP address. They then file a boilerplate lawsuit against the internet subscriber behind the IP address and request early discovery from the Internet Service Provider (ISP; e.g., Charter, Comcast, Cox, Optimum Online, RCN, Verizon, etc.) so they can name and serve the defendant. This is when most people find out about the lawsuit – when they receive a letter from their ISP stating that the subscriber’s identity is being subpoenaed by Strike 3 and information about filing a Motion to Quash.

However, more and more Federal Judges have been pushing back against Strike 3 Holdings. In several New Jersey cases, Magistrate Judge Schneider asked Strike 3 Holdings to provide more evidence to substantiate the claims they make in their complaints. After multiple hearings, the Judge denied Strike 3 Holdings’ request for early discovery, attacking their characterization that the lawsuits decrease copyright infringement, that the subscriber is necessarily the infringer that downloaded the files, and that Strike 3 Holdings does not request sufficient information from the ISP to guarantee that they have the correct identity for all dates listed in Exhibit A.

It’s possible that this pushback has led to Strike 3 Holdings changing tactics. They are now filing cases in Miama-Dade county court in Florida, at the state level, requesting a Pure Bill of Discovery. This is an old, rarely used form of relief available in Florida. It appears they are filing one case with numerous IP addresses listed and then asking for the Pure Bill of Discovery to get the identity of multiple internet subscribers at once, without regard to the fact that copyright infringement is under Federal jurisdiction and that many of the subscribers don’t even live in Florida. It looks like Strike 3 Holdings is attempting to bypass the Federal court system in order to get their discovery at a lower cost and with less responsibility.

If you have received a notice from your ISP that Strike 3 Holdings is using a subpoena to obtain your identity, either in Federal or State court, please do not hesitate to call. I would be happy to discuss what the case means, your options for defense, and what I recommend in your situation.

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