The week before Christmas, notorious copyright Plaintiff Strike 3 Holdings filed 19 more Federal lawsuits, this time in New Jersey, with 18 of those filed on December 22. For any other Plaintiff, this could be a daunting task, but it’s standard practice for Strike 3. Each lawsuit is nearly identical, alleging that an investigator recorded an IP address infringing on Strike 3’s copyrights by downloading Vixen, Tushy, or Blacked films through BitTorrent networks. They then ask the courts to grant a subpoena for the name of the internet account holder behind the IP address.
The argument that the person that downloaded the films is the same as the subscriber is tenuous at best. Many people have households with shared internet connections. Others may have left their wifi unsecured or used a weak password, leaving them vulnerable to unauthorized access. Yet, the allegation that the subscriber may be the infringer is often enough for courts to grant a subpoena.
When an internet service provider, such as Verizon or Comcast, receives the subpoena, they’re obligated to alert the subscriber. This is when most people find out about the lawsuit and the need to file a Motion to Quash to challenge the subpoena and stop their identity from being released.
If you’re considering a Motion to Quash, please contact me. I’ve defended over 1,000 people against plaintiffs like Strike 3 Holdings, and have significant experience with Motions to Quash. I can help explain when they can be helpful, and when they could be potentially harmful.
Although Strike 3 files hundreds of lawsuits every year, they take each one seriously, and the consequences can be significant. If not defended against, these lawsuits can have damages of at least $750 per infringement, but the Plaintiff can ask for more. This can make a typical Strike 3 Holdings case worth $10,000s, if not $100,000s in damages. These cases shouldn’t be ignored.
The Plaintiff is often willing to settle or even dismiss the case when a defendant has an adequate defense. That’s why it’s so important to contact an experienced attorney right away. I can provide valuable information based on my years of experience. I work with a team of lawyers to ensure that I can represent you wherever you are. If you contact me, you’ll be speaking with me directly. I strive to make sure that everyone who contacts me is informed, and understands their situation and all of the options available to them.
I can explain to you your options for defense, and recommend the best way forward for your situation. I’ve represented more than 1,000 people across the country, and I focus my practice on defending against BitTorrent-based lawsuits. I’m very familiar with this Plaintiff and opposing counsel, John Atkin, and can give you individualized guidance for your case.