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Strike 3 Holdings lawsuit tries to connect a Jimmy Kimmel viewer with their porn infringers?

Posted by Steve Vondran | Aug 08, 2019 | 0 Comments

2019 Torrent Litigation Update - Strike 3 Getting Crafty or engaged in Voodoo science?

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California Torrent Defense Lawyer Discusses Cobbler Challenges

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Introduction

Strike 3 Holdings really seems to be grasping for straws now with the Cobbler Nevada case in the 9th Circuit.  The Cobbler case said merely identifying who an IP subscriber is does not make them the infringer.  The Cobbler case added that there must be "something more" to the allegation or the complaint is at risk of a motion to dismiss.

Well now, it seems they are trying to add something new.  Once the ISP releases your name and address (which allows them to conduct an asset search - which we believe they were/are doing in many cases), now it is clear they are also looking at your social media accounts (ex. facebook) to see what your likes and interests are.

For example, in a recent case, one of Strike 3's law firm (Bandlow Law) seems to be trying to make that connection that a person who watches or likes certain shows fit the profile of persons who might be downloading their videos. 

Allegations in Complaint

Here is what one complaint is urging to try to get around the "Cobbler problem."

After receiving the subscriber's name and other documents, Plaintiff reviewed the Additional Evidence and determined that Defendant was more likely the infringer.
 
Indeed, the Additional Evidence contains titles which correlate to Defendant's publicly declared interests.

To explain, Defendant's social media posts establish that he is interested in: Star Wars, Batman, Deadpool, Arrow, Dexter, The Daily Show, The Big Bang Theory, The Flash, South Park, Suits, Bob's Burgers, Rick and Morty, Jimmy Kimmel, Jimmy Fallon, Last Week Tonight with John Oliver, Master Chef, Grimm, Key & Peele, The Amazing World of Gumball, Community, Teenage Mutant Ninja Turtles, and Spiderman.

And, Plaintiff's Additional Evidence lists files associated with: Star Wars, Batman, Deadpool, Arrow, Dexter, The Daily Show, The Big Bang Theory, The Flash, South Park, Suits, Bob's Burgers, Rick and Morty, Jimmy Kimmel, Jimmy Fallon, Last Week Tonight with John Oliver, Master Chef, Grimm, Key & Peele, The Amazing World of Gumball, Community, Teenage Mutant Ninja Turtles, and Spiderman.

They then allege:

Based on the foregoing information, discovery will likely show that Defendant is the person who used BitTorrent in the house from where the infringement emanated. Consequently, discovery will likely show that Defendant is the person who infringed Plaintiff's copyrighted works through the use of BitTorrent.

Neil Armstrong might refer to this as "one giant leap" but not for mankind.

This seems totally preposterous to me, and recently I asked their counsel to explain if this is some type of new science or what. 

We plan to be testing out this approach by filing a motion to dismiss under Cobbler, as to me, this adds nothing of value, and just junk science and pure conjecture and speculation as to whether the internet subscriber is also the downloader and sharer of their adult porn videos (such as Blacked, Tushy, and Vixen titles) based on comparing interests in certain shows.

Watch Attorney Steve® explain the Cobbler Nevada case (9th Circuit)

WARNING - TELL OTHERS 

Make sure to tell your friends and loved ones NOT to download and share these videos through BitTorrrent protocols.  If you saw a $50,000 demand coming you way it might make you want to elevate this to a priority issue.  Many people are not aware of what's going on, and all the copyright infringement lawsuits Strike 3 (and Malibu Media - similar litigation model) are filing.  We will keep you posted.

What to do if you got served a lawsuit from Bandlow Law Firm or got a copyright subpoena notice from your ISP?

Typically, this will mean you are named as a "John Doe" Defendant in a torrent file sharing lawsuit.  Many times the copyright case will be brought in Central District or Northern District of California (federal court) Do not talk to anyone.  First thing, "lawyer up" or at least call a torrent defense attorney to make sure you know where you stand. 

You have real questions and we have real answers, and we offer a free consultation for persons who have received a letter.  Call us at (877) 276-5084 or email us through our contact form.

 We have appeared in over 100 federal court cases and are a national leader in handling copyright, software, technology and torrent claims in the United States.  We also have tremendous past client reviews.

About the Author

Steve Vondran

Thank you for viewing our blogs, videos and podcasts. As noted, all information on this website is Attorney Advertising. Decisions to hire an attorney should never be based on advertising alone. Any past results discussed herein do not guarantee or predict any future results. All blogs are written by Steve Vondran, Esq. unless otherwise indicated. Our firm handles a wide variety of intellectual property and entertainment law cases from music and video law, Youtube disputes, DMCA litigation, copyright infringement cases involving software licensing disputes (ex. BSA, SIIA, Siemens, Autodesk, Vero, CNC, VB Conversion and others), torrent internet file-sharing (Strike 3 and Malibu Media), California right of publicity, TV Signal Piracy, and many other types of IP, piracy, technology, and social media disputes. Call us at (877) 276-5084. AZ Bar Lic. #025911 CA. Bar Lic. #232337

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