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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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Strike 3 Holdings files 20 more BitTorrent Cases in Illinois, Maryland, and Michigan

If You’ve Received a Notice from Strike 3 Holdings – Read This

Twenty more households across Illinois, Maryland, and Michigan will be receiving a notice from their Internet Service Provider (e.g., AT&T, Charter/Spectrum, XFinity/Comcast, Verizon, etc.) telling them that Strike 3 Holdings has subpoenaed the internet subscriber’s identity. Who is Strike 3 Holdings? Why do they want your identity? If they file so many cases, can the lawsuits just be ignored?

Strike 3 Holdings owns the rights to the adult film brands Vixen, Tushy, and Blacked. They are notorious for mass-filing lawsuits across the company that allege investigators observed an IP address downloading and sharing the company’s films on BitTorrent networks. Strike 3 Holdings then sues the IP address for copyright infringement.

However, an IP address is merely a unique identifier for an internet connection. In order to find the proper defendant (that is the person that downloaded the files), the Plaintiff subpoenas the Internet Service Provider (ISP) for the subscriber’s identity. Although many judges acknowledge that the subscriber may not be the person who committed the alleged infringements, courts across the country have rubber stamped Strike 3 Holdings’ efforts to identify someone willing to pay a settlement in order to make the lawsuit go away.

Most subscribers find out about the case when they receive a notice from their ISP. The ISP is obligated to comply with the subpoena unless a Motion to Quash is filed. This is a court 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. I’m happy to discuss with you whether filing a Motion to Quash or alternative motions is advisable in your case.

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

Although Strike 3 Holdings files thousands of these lawsuits, they are highly motivated to pursue anyone they believe can pay a settlement. Ignoring theses cases is dangerous. If a subscriber fails to respond after they have been served, Strike 3 Holdings can ask for a default judgement (where the court accepts the facts of the complaint as true) and can award thousands of dollars in damages per infringement.

If you’ve received one of these notices or have been served, it’s vital to retain counsel without delay. There are court-imposed timelines that must be adhered to in order to defend yourself. This Plaintiff is notoriously aggressive and an effective defense can help secure the best possible outcome for you.

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