Strike 3 Holdings, LLC Lawsuits – 2017 Overview of adult pornographic video file sharing (torrents)

Introduction

As the Eagles song goes “there's a new kid in town, I don't want to hear it.”  Yes, there is a new copyright infringement (dear I say the “T” word) on the block and that is Strike 3 Holdings.  If you received a notice of subpoena from your ISP (ex. Comcast, AT&T, or Verizon) and a deadline to file a motion to quash, call us to discuss your case.  We have represented many John Doe Defendants who are being accused of illegally downloading and sharing movies on torrent websites.  This page will hopefully answer some of your commonly asked questions.  If you are new to Torrent Defense, click and watch our popular youtube video on this topic below.

December 2017 update:  Another round of lawsuits (looks like 20+ cases) was filed by Strike 3 Holdings in the Northern District of California and also in the Southern District.  We can help defend your in these cases.

2019 Strike 3 Holdings Update - are they getting desperate to avoid application of Cobbler Nevada?

PODCAST:  Listen to Attorney Steve® explain these updates from the Bittorrent Trenches.  Litigation updates from 2019.  The only firm bringing you the real truth in federal court.

What is the subpoena notice?

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Illegal file sharing cases filed in 2017 (I counted over 100 filed lawsuits – WOW)

My review of the Federal Court Pacer Search showed a SLEW of lawsuits filed across the United States of America and in federal courts across the nation including:

• Washington
• New York
• California [CA Northern District | CA Southern District]
• Pennsylvania
• New Jersey
• District of Columbia
• Connecticut

Sample Allegations in the Complaint

Here are a few snippets from one case I reviewed:

“This is a case about the ongoing and wholesale copyright infringement of Plaintiff's movies by Defendant, currently known only by an IP address. 2. Plaintiff, Strike 3 Holdings, LLC (“Strike 3” or “Plaintiff”) is the owner of award winning, critically acclaimed adult motion pictures. 3. Strike 3's motion pictures are distributed through the Blacked, Tushy, and Vixen adult websites and DVDs.”

“Strike 3's subscription based websites proudly boast a paid subscriber base that is one of the highest of any adult-content sites in the world. Strike 3 also licenses its motion pictures to popular broadcasters and Strike 3's motion pictures are the number one selling adult DVDs in the United States.”

“Unfortunately, Strike 3, like a large number of other makers of motion picture and television works, has a major problem with Internet piracy. Often appearing among the most infringed popular entertainment content on torrent websites, Strike 3's motion pictures are among the most pirated content in the world.”

The complaint goes on to allege copyright infringement against a John DOE defendant.

What can a Plaintiff seek for penalties in a copyright movie download case?

Generally speaking a Plaintiff who can bear the BURDEN OF PROOF to show illegal movie sharing can seek the following types of remedies:

1.  Any profits the Defendant may have made from the movie
2. Statutory damages of up to $150,000 PER INFRINGED MOVIE TITLE
3. Injunction to prevent further file sharing
4. Destruction of the infringing content
5. Attorney fees (this can really add up when a Plaintiff IP firm puts multiple attorneys on the case)
6. Other types of equitable remedies depending upon the case

If you are concerned about money damages, and you should be, it would be very important for you to watch this video I made on copyright infringement damages.

Is this the new “Malibu Media” or worse?

It is hard to say, for sure, Malibu Media is in a league of its own as far as the sheer number of lawsuits filed, but Strike 3 looks like it is poised to send a big message to the marketplace so it will be interesting to see how this all plays out.  Click below to watch a video we did on this prolific filer of federal court legal actions:

How to read a copyright infringement report from Strike 3

Typically they will have an infringement report that highlights the alleged illegal file sharing.  The report will show what movie titles have been downloaded, and on what date and time.  Some of the codes that may need clarification are the following:

“UTC” is short for Coordinated Universal Time.  This is the actual time and date when the alleged illegal movie download infringement took place. 

“Published” is the date the motion picture was published on the movie producer's website.    

“CRO App File Date” is the date the movie company filed the application for copyright registration with the U.S. Copyright Office. 

“CRO Number” is the number assigned by the Copyright Office to locate the copyright registration record.  If the code begins with the letters “PA” then that means the movie has already been copyrighted. If the code starts out with NUMBERS this would indicate a copyright registration is PENDING (and not yet issued), which would be important as to the issue of recovering attorney fees and statutory damages.

IP Law firms filing these cases

Here is a look at the major firms that appear to be counsel of record in these cases:

Fox Rothschild LLP – Los Angeles, Pennsylvania, Seattle, New Jersey & Washington D.C. (well respected IP law firm) 

The James Law Firm – White Plains New York

Boroja, Bernier & Associates, PLLC – Shelby Michigan

Are there any defenses to allegations of infringement?

Yes.  This video will help provide an overview of some .

Listen to Attorney Steve explain the Torrent lawsuit phenomena

If you are completely new to Torrent lawsuits, this is a great starter video to help you understand what's going on.  If you need more clarification give us a call.

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What should you do if you get an infringement notice?

If you get a letter DON'T PANIC.  Call us to discuss.   We have handled many of these cases and can help you understand what you are up against.  A couple of important things to note:

1. NO, in most cases you are NOT going to jail (many people think that since you see the FBI anti-piracy warning on many films that this means you will go to jail or be prosecuted).  I personally have not seen this happen, and while technically “on the books” it may be possible, this would be considered a very rare event, subject to the facts of your case of course.

2. We can help you explore whether or not a motion to quash makes any sense.  In many cases it does not.

3.  Don't destroy evidence.  This can come back to haunt you if the case moves to a trial (most cases DO NOT go to trial). 

How much do these cases typically settle for?

To me, there is not a “typical” amount.  Cases can settle anywhere from dismissal with prejudice (ex. wrong party sued) on up to tens of thousands of dollars.  It depends on the facts of your case and how many movies have been shared, and sometimes based on a personal asset search of the Defendant.  As I say sometimes if you are a rich kid living in a mansion on the hill don't be surprised if the skillful Plaintiff lawyers seek a stiffer fine or penalty.  In other cases, offers may range from $50-$750 or more PER MOVIE TITLE INFRINGED.

Contact a copyright defense law firm

Our intellectual property law firm can help Defendants facing legal action for illegal movie downloading.  We have helped others who face the unenviable position of being faced with what many call a “shame settlement.”  We have helped in other cases involving Malibu Media and Flava Works who are known to vigorously protect their intellectual property rights and try to prevent online copyright infringement.

Call us at (877) 276-5084.

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