Strike 3 Holdings Cases Continue in Miami
Miami civil courts are fertile ground for a specific type of copyright enforcement that has roiled federal court dockets across the country. Strike 3 Holdings Miami discovery action cases 2020-030607-CC-05, 2020-031043-CC-05, 2020-031249-CC-05 continue to take advantage of a Florida discovery statute in Miami and from all over the country. They used to do this the proper way, by filing individual Strike 3 Holdings copyright lawsuits in the jurisdiction where the target lives and asking that court for permission to issue a subpoena. They are saving thousands of dollars in filing fees by utilizing the Florida discovery statute.
After they get the names and addresses of the subscribers through these Florida “discovery” actions, Strike 3 Holdings does pursue litigation against the targets in their home jurisdictions if they have not already settled. If you got a letter from your ISP regarding a Strike 3 Holdings case and it is still at the “Miami” stage, act fast and call me immediately for a free consultation at 312-994-2424. I can talk to you about your exposure in the case and the potential outcomes based on your options.
What is this Strike 3 Holdings case about?
Strike 3 Holdings Miami cases like 2020-030607-CC-05, 2020-031043-CC-05, 2020-031249-CC-05 have a predictable trajectory by their nature, and by the nature of how BitTorrent technology works. When you watch a movie using a torrent app or website you’re receiving a copy of the movie in little pieces. The app or site stitches them together for you so you have a whole movie file to watch. While you’re downloading the pieces needed to watch the movie, you’re sending out pieces of the movie as well. That’s how BitTorrent works. People are sending the pieces to you, and you’re sending pieces to other people.
Strike 3’s forensic expert patrols the internet looking for people sending out pieces of movies owned by the entities. If they get a piece of a Strike 3 movie from you, Strike 3 then takes that information and includes your IP address in a copyright infringement lawsuit. At the time they file the lawsuit they don’t know your name.
The next thing they have to do is ask the court for permission to issue a subpoena to your ISP to determine who had the IP address they claim they caught sending the piece of the movie they received. Once they obtain your name and address from your ISP, they will file a lawsuit in your home jurisdiction.
My advice is and always has been to act as soon as possible, whether you’re trying to settle the case or fighting the case in court. Time can be on your side and make the case hassle-free if you act early. Act later, and time becomes a challenge for you.
What do I do if I get a letter about a Strike 3 subpoena?
If you got a subpoena notification letter from your ISP, Strike 3 has filed a lawsuit seeking disclosure of your name and address. This is the first step in the litigation, but not the last. This is your chance to settle your case before your name is made public. Call me at 312-994-2424 for a free consultation. I have 10 years of experience litigating and settling movie download cases involving pornography. I am one of the few attorneys in the country who has litigated one to a conclusion. You can read about my success against Malibu Media, another pornography production house that files similar copyright infringement cases here.
Strike 3 Holdings copyright cases are like most cases: you can maximize your results if you at quickly after you receive a subpoena notification letter. If you have received a letter from Strike 3’s attorney, you can still act to protect your identity from public disclosure. If you fail to respond after you receive notice from your ISP or a letter from Strike 3’s attorney, they will amend the lawsuit to publicly name you and have you served. I strongly advise that you do not wait until you are served a copy of the summons and complaint. At that point, your name will be part of the public record of the case.
In some instances, I can file a motion to remove your name from the docket, but there is no guarantee that the judge will allow it. Even if the judge does allow your name to be removed from the court’s public docket, your case may have already been reported to other public websites that are under no obligation to remove your name.
Attorney Erin Russell can help.
If you received a subpoena letter regarding a Strike 3 Holdings Miami copyright case, I can talk with you about your case based on the number of movies Strike 3 alleges you downloaded, give you an idea of your financial and legal exposure, and provide you with a plan to protect your identity and your assets. If you have been affected by the COVID-19 pandemic that can be taken in to account. These steps are important whether you intend to litigate or settle. Call 312-994-2424 for a free consultation directly with me, Attorney Erin Russell, any time, seven days per week.
The following Strike 3 Productions were filed in December of 2020 and January of 2021: