BitTorrent Subpoena & Lawsuit Defense

Call or Text Now

610-466-5644

washington DC

by

Strike 3 Holdings Subpoenas Identities of 101 Internet Subscribers Across the Nation

In their latest filing, case 2020-027925-CC-05 in Miami-Dade County Court, Strike 3 has targeted 101 more Internet Subscribers that Strike 3 claims have committed copyright infringement by downloading Vixen, Tushy, or Blacked branded films through BitTorrent networks. In just one filing, they’ve asked for subpoenas to Century Link, Cox, Frontier, Google Fiber, Optimum Online, RCN, and Wave Broadband, to force the ISPs to reveal their clients’ identities. Once the court grants the subpoena, the ISP is obligated to respond unless the defendant files a Motion to Quash (i.e., a motion to cancel the subpoena).

Once Strike 3 has the internet subscriber’s identity, they will usually sue an adult male in the household claiming that he must be the infringer. These Federal lawsuits are serious and can have damages of at least $750 per infringement. This can make a typical Strike 3 Holdings case worth $10,000s, if not $100,000s in damages. These cases shouldn’t be ignored.

Given the serious nature of the allegations, many defendants want to pursue a Motion to Quash. This is understandable, and there are some valid arguments while the case remains in Florida county court, such as arguing that the court doesn’t have jurisdiction over copyright matters, nor over non-Florida residents. However, this might not be the end of the case, as Strike 3 frequently files Federal lawsuits against those that oppose the subpoena.

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. I work with a team of lawyers from across the country to make sure that we can serve you, no matter where you are. For example, in the present case, Strike 3 subpoenaed identities of people from California, Texas, Virginia, Arizona, Washington, Nevada, New York, New Jersey, Maryland, Colorado, and Connecticut (to name a few).

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 fighting Strike 3.

I’m happy to 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 can give you individualized guidance for your case.

[Read more…] about Strike 3 Holdings Subpoenas Identities of 101 Internet Subscribers Across the Nation

by

Strike 3 Holdings Demands Identities of 77 Comcast Internet Subscribers

Strike 3 Holdings, one of the most prolific copyright Plaintiffs in the country, has filed a lawsuit in Miami-Dade County Court demanding subpoenas to find out the identity of 77 Comcast internet subscribers (Case 2020-025801-CC-05, filed November 2, 2020). They allege that an investigator observed the IP addresses downloading Strike 3 films, marketed under the brands Tushy, Vixen, and Blacked, through BitTorrent networks. These subscribers are from across the country, including California, Connecticut, Illinois, Maryland, Michigan, New Jersey, Pennsylvania, and Washington, DC. Strike 3 has alleged that the internet subscriber associated with each IP address must be the alleged copyright infringer.

This is a tenuous argument at best, as there are many reasons why the subscriber might not be the infringer (e.g., someone else had access to the internet connection or the wifi was left unprotected). However, Miami-Dade county court judges routinely grant subpoenas to force internet service providers, like Comcast, to reveal the name of the accused internet subscriber.

It is possible to fight the subpoena through a Motion to Quash (i.e., a motion to cancel or “quash” the subpoena) because the case was filed in a state court, which lacks jurisdiction over copyright matters and non-Florida residents. However, that may not be the end of the case, as Strike 3 routinely files federal lawsuits against those that fight the subpoena. These federal cases as often in the right jurisdiction, making another motion to quash complicated.

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. I work with a team of lawyers from across the country to provide the best defense, regardless of the state you live in.

Strike 3 Holdings is notoriously aggressive in pursuing each case, and each allegation is serious. The Plaintiff sees each infringement as worth at least $750, which they often ask to treble to $2,250 for what they see as “willful infringement”. Strike 3 Holdings cases, if lost in court, could easily cost $10,000s, or even $100,000s. However, the Plaintiff is often willing to settle for less or even dismiss the case when a defendant has an adequate defense. This is why it’s so important to contact an experienced attorney right away.

If you’ve received a notice from your internet service provider, please contact me. I can explain 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 can give you individualized guidance for your case.

[Read more…] about Strike 3 Holdings Demands Identities of 77 Comcast Internet Subscribers

by

Strike 3 Holdings Files Even More Lawsuits in Washington, D.C., Illinois, and Michigan

Strike 3 Holdings, one of the most prolific copyright Plaintiffs in the country, has filed 9 more federal copyright lawsuits in Washington, DC (2 cases), Illinois (1 case), and Michigan (6 cases), in less than a week.  One reason Strike 3 can file so many cases is that each case is nearly identical, except for the individual IP address and details of the alleged infringements. 

They allege that an investigator observed an IP address downloading their films (marketed under the brands Tushy, Vixen, and Blacked) through BitTorrent networks. They then allege the internet subscriber associated with the IP address must be the alleged infringer. This is a tenuous argument at best, as there are many reasons why the subscriber might not be the infringer (e.g., someone else had access to the internet, such as a guest or through unprotected wifi). However, federal judges routinely grant subpoenas to force internet service providers (e.g., AT&T, Comcast, RCN, etc.) to reveal the name of the accused internet subscriber.

Many of these Federal cases first began in county court in Miami-Dade, Florida, where Strike 3 first made these allegations and asked for a subpoena. Many people haven chosen to fight that subpoena using a Motion to Quash (i.e., a motion to cancel or “quash” the subpoena) because the case was filed in a court that lacked jurisdiction over copyright matters and non-Florida residents. Strike 3 routinely dismisses these people from the Florida-based case; however, the case is rarely over, as Strike 3 goes on to file a Federal case in what is likely the correct jurisdiction, which makes filing a Motion to Quash more complex.

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. I work with a team of lawyers from across the country to provide the best defense, regardless of the state you live in.

Strike 3 Holdings is notoriously aggressive in pursuing each case, and each allegation is serious. The Plaintiff sees each infringement as worth at least $750, which they often ask to treble to $2,250 for what they see as “willful infringement”. Strike 3 Holdings cases, if lost in court, could easily cost $10,000s, or even $100,000s. However, the Plaintiff is often willing to settle for less or may even dismiss the case when a defendant puts up an adequate defense. This is why it’s so important to contact an experienced attorney right away.

If you’ve received a notice from your internet service provider, please contact me. I can explain 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 can give you individualized guidance for your case.

[Read more…] about Strike 3 Holdings Files Even More Lawsuits in Washington, D.C., Illinois, and Michigan