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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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Malibu Media and Strike 3 Holdings File 39 More Cases in New Jersey

Strike 3 Holdings and Malibu Media have filed more than 3 dozen cases in New Jersey over the past few weeks. Malibu Media filed 13 cases while Strike 3 Holdings filed twice as many. Both companies seem to be trying to maintain their record breaking number of lawsuits filed last year. New Jersey is a favorite target, with more than 380 cases filed last year alone.

The reason why these companies can file so many complaints is because each case is essentially the same with only the name of the IP address and specifics of the infringements differing. They begin by suing an anonymous IP address which they claim their investigators observed downloading the Plaintiff’s copyrighted films through BitTorrent networks. Strike 3 Holdings owns the rights to Vixen, Tushy, and Blacked, while Malibu Media owns the rights to X-Art.

After filing the complaint, the Plaintiff seeks to subpoena the internet service provider (e.g., AT&T, Charter, Xfinity/Comcast, Verizon, Optimum, Spectrum, etc.) for the identity of the internet subscriber assigned the specific IP address. Most people find out about the lawsuit when their ISP sends them a notice of the subpoena. These notices usually also explain that the only way to fight the subpoena is through a Motion to Quash.

Motions to Quash are complex in these cases as the subpoena is between the Plaintiff the ISP, therefore the subscriber has a high standard to meet in order to successfully “quash” (i.e., cancel or void) the subpoena.

If you have received one of these letters, it’s important to seek legal counsel without delay. Without action, your ISP is obligated to reveal your identity. If not defended against, the Plaintiff can name the defendant publicly and serve the complaint. Once you are served with a summons, you typically have 21 days to respond in Federal Court or face a default judgement. Acting quickly can sometimes prevent your identity from being released to the Plaintiff. In other cases, we can argue for a Motion for a Protective Order that can shield your identity from the public.

To learn about your options for defense, please don’t hesitate to contact me with your name, number, and case number (sometimes called docket number or civil action number). Please don’t hesitate to call me immediately at 888.801.8681. If calling after-hours, please leave a message with your name, number, and case number (sometimes called docket number or civil action number); I do return calls after-hours.

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