03/12/2018

Could Cryptocurrency Stop People From Torrenting Porn? A Defense Attorney’s Thoughts and a Possible Solution – ISP Subpoena Defense

By JAntonelli Antonelli Law, BitTorrent, Cryptocurrency 0 Comments

STRIKE 3 HOLDINGS LLC and MALIBU MEDIA LLC are both Adult Movie producers who sue Internet users for allegedly obtaining their porn for free using BitTorrent file sharing programs.

But why are people torrenting porn and leaving themselves vulnerable to Strike 3 Holdings and Malibu Media Subpoenas? Haven’t most people heard about the copyright infringement lawsuits filed by the Recording Industry over Napster file-sharing years ago? I have a hypothesis based on an assumption that many people continue to torrent pornography despite the widely known legal risks due to their desire to remain anonymous.

Based on this “privacy hypothesis”, I propose that by allowing people to use cryptocurrency (such as Bitcoin) to obtain pornography legally on the Internet, this may eliminate at least some BitTorrent copyright infringement activity.

In this article, I cite to the terrible Ashley Madison scandal where a data breach and subsequent publication of membership details by the hackers reportedly led to several suicides, as well as many divorces and life disrupting consequences. If the “privacy hypothesis” can be proven, this could lead to incentivizing porn companies to offer cryptocurrency payment options with the promise of higher revenues. This would in turn help protect their users from the embarrassment a data breach would cause by eliminating real names and payment information from their membership databases.

With Strike 3 Holdings & Malibu Media We’re Not Talking About Mainstream Movie Piracy

For those not already familiar with movie-based copyright infringement lawsuits, allow me this introduction. Defense attorneys, including myself, represent two groups of people who sometimes admittedly commit copyright infringement on the Internet: those that torrent mainstream movies like “The Hitman’s Bodyguard” by Bodyguard Productions, and those that torrent adult movies from Strike 3 Holdings LLC and Malibu Media LLC. Also in the course of our defense work, we represent many people who are entirely innocent. This includes people whose IP address was wrongfully linked to illegal movie sharing on the Internet, as well as people whose guests or family members may have committed copyright infringement using file-sharing programs like BitTorrent. I wrote a published law article about it.

The attorneys at Antonelli Law, myself included, have cumulatively spoken with thousands of people across the country accused of online copyright infringement. For the first group of people mentioned above, involved in mainstream movie copyright infringement cases, most often they are accused in special types of lawsuits for which a “wait and see” approach is often taken. These special types of lawsuits are filed against perhaps 10 to 30 defendants at a time and are sometimes called “mass joinder” lawsuits. What we tell many of these people is that the odds in their particular jurisdiction (though not all) of actually getting served with a Summons is relatively small, though not entirely predictable. Some decide to settle nonetheless, but many decide to take their chances and wait to see if they are actually served with a Summons.

For purposes of this article, I am focusing on the pornography torrent cases and not delving into why people continue to torrent mainstream films like “The Hitman’s Bodyguard”. Caveat: This article is not saying anything about our past or present clients, nor the ideas expressed from any one of them. This article is also not legal advice. You should consult with an experienced attorney for your particular circumstances.

We Are Talking About Porn Piracy And the Lawsuits About That Activity

These porn lawsuits by Strike 3 Holdings and Malibu Media are different.

Today, lawsuits filed by adult movie companies Malibu Media LLC and Strike 3 Holdings LLC are filed against just one defendant at a time. In contrast to the mainstream movie piracy lawsuits mentioned above, in our experience and from reviews of court filings on the federal computer system called Pacer, the chances of Internet Subscribers actually getting served a Summons in lawsuits filed by these two porn movie companies is nearly 100%. In other words, if you receive a letter from your Internet provider such as Comcast or Spectrum about receiving a subpoena from Malibu Media LLC or Strike 3 Holdings LLC related to a copyright infringement lawsuit, you are getting sued and you better talk to a lawyer now. In other words, the “wait and see” approach is generally not advised because a Summons is almost certainly coming.

So for those who are not innocent, how do they find themselves in the legal crosshairs?

This begs the question: While Innocent People Are Wrongfully Accused of Downloading Porn, Why Are Those Who DO Download Porn, Using BitTorrent Instead of Paying For It?

We obviously can’t divulge any client communications due to the attorney-client privilege. But the question of why anyone would “need” to torrent adult movies at all has been asked of us even by our lawyer peers. “Why do your clients torrent when you can get anything for free on the Internet?” was one of the first questions I was asked in 2011 or 2012 by an attorney colleague of mine. Despite representing 600 plus people sued by Malibu Media and Strike 3 Holdings across the country (again, many of whom were innocent), the fact is we really don’t know for sure.

I have one hypothesis, and it has to do with privacy.

First, the issue of why anyone torrents content of any type, mainstream or adult, is a question that is undoubtedly vexing to all content creators, including all the big Hollywood companies. Some reports argue that certain content is not always available in all countries, and using torrent technology to source the content from world-wide sources is the only means of obtaining the movie or TV show one desires. While not a legally recognized defense we are aware of, this seems to be one reason why some people torrent. It also seems that obtaining desired content through various torrent websites may be faster, more convenient, and just easier. See this post by The Oatmeal, for example.

Second, many people don’t seem to know what they are doing is illegal, especially if they are streaming using an app like Popcorn Time or Showbox. PS: Streaming apps like PopcornTime are also torrenting in the background.

But maybe there is another reason why some people continue to torrent their content, and its only a hypothesis: Just maybe, some people are torrenting their porn just to stay anonymous.

It seems easy to obtain free or relatively inexpensive pornography these days. In addition to tube sites (some of which may be infringing on the original content producer’s intellectual property in violation of the law), some producers offer their movies on their own websites. When defending our client’s we’ve seen endless recitations by movie company Malibu Media LLC that they offer all their content on their website X-Art.com for a subscription of around $99 a year. That would seem to be a reasonable sum for an all-you-can-view subscription.

Why Would Anyone Torrent When They Can Pay So Little?

Maybe its so they can do so in private. Here’s the thinking that leads me to this hypothesis.

Since the RIAA began suing many people in the 2000s for using Napster to obtain songs for free, why would anyone use today’s file-sharing technology, called torrenting, when they can pay so little to obtain what they want, or even obtain it for free? Why take the legal risk? First, when it comes to torrenting instead of viewing it legally for free, I don’t have a clue. It may be ignorance or convenience. The environment of torrrenting sites (I am told) allow users to more easily select from many titles and genres across productions companies more quickly, its all in one place.

But the reason to torrent instead of paying a legitimate website to view or download pornography? Maybe because its about privacy.

According to this privacy hypothesis, people continue to torrent their porn because paying anything to a porn company is risky. Use a credit card? Your name is on file. Use Paypal? Presumably, the same. If the user pays anything to watch their porn, digital privacy concerns may be driving them to illegally use torrent file-sharing technology instead of paying for it. A payment transaction provides a digital trace to the person. And who knows what that could lead to?

Remember the Ashley Madison Data Breach?

Remember the Ashley Madison adult cheater website hack? According to Wired:

“The files appear to include account details and log-ins for some 32 million users of the social networking site, touted as the premier site for married individuals seeking partners for affairs. Seven years worth of credit card and other payment transaction details are also part of the dump”

According to Money Magazine, one pastor who was outed by the Ashley Madison hack committed suicide. And The Guardian reported that the hack and publication of members’ personal details resulted in more than one suicide as well as resignations and divorces among the site’s reported 30 million members. So clearly there is risk associated with performing financial transactions online, even if it has nothing to do with trying to cheat on your spouse.

Perhaps, then, it is the need to stay anonymous on the Internet that is driving so many people to continue to torrent their pornography. Even if doing so means taking a calculated legal risk in committing copyright infringement.

If Privacy Concerns Are Driving Digital Piracy, is Bitcoin or Another Cryptocurrency The Answer?

So here is an idea: If privacy concerns is what is driving a significant proportion of people to torrent their pornography when they would otherwise pay for it, would the ability of porn viewers to pay anonymously, without using their bank account or debit/credit card and their name, result in more sales for porn companies and a reduction in online piracy of the copyrighted work?

BitCoin is perhaps the most famous type of cryptocurrency. Its mysterious creator and the wild fluctuations of its value has been in the news a lot recently. One theory as to its popularity and rising value is the ability to make private transactions, including by those in oppressive regimes.

While the privacy of paying with cryptocurrency such as BitCoin may not be 100%, perhaps if porn companies offered viewers the option of paying with cryptocurrency – perhaps with a link to helping viewers obtain the cryptocurrency in the first place like websites offering a link to the free Adobe pdf reader so you can view PDFs – this would satisfy the privacy needs of those who currently can afford to pay for their porn, but are instead torrenting due to their need for anonymity. This might convert today’s digital pirates into paying, appreciative customers.

If it worked, and folks could just pay for their porn habits with cryptocurrency, just maybe if a future data breach occurred to a porn website their users’ identities would not be revealed because their identities would not be known. That could save many people from the humiliation and other adverse consequences of their porn viewing habits being made public by hackers, which is similar to what happened in the Ashley Madison case mentioned above. Awkward conversations, strained relationships, and yes perhaps even suicides might then be avoided.

Its just a theory, but the privacy hypothesis is one explanation as to why people who can afford to pay for their porn instead take the risks of torrenting them instead. We’ll have to see if any porn companies start accepting crypto, and if their piracy rates go down and their revenues go up as a result.

Comments? Email me at Jeffrey@Antonelli-Law.com

Did You Receive a Copyright Infringement Notice About STRIKE 3 HOLDINGS LLC or MALIBU MEDIA LLC

The lawsuits allege the internet subscriber’s IP address was found online sharing movie files called “torrents”. Strike 3 Holdings LLC lawsuits are similiar to the hundreds of Malibu Media LLC cases we have defended and which Bloomberg has written about our BitTorrent copyright infringement defense practice. We have helped many people dealing with Strike 3 Holdings and Malibu Media LLC lawsuits from coast to coast.

Did you receive a copyright infringement notice from your internet service provider (ISP), and a subpoena from STRIKE 3 HOLDINGS LLC or MALIBU MEDIA LLC for the illegal download of their movies? Don’t panic, we’re here to help. Our firm has local counsel in every state these lawsuits are filed in.

We will help you decide which of the three options is best for you to respond to the ISP Subpoena.

Defendants’ Three Options for the STRIKE 3 HOLDINGS LLC Copyright Infringement Claims:

Resolve the case anonymously
File a motion to quash before it gets to court
Prepare to fight your case in court

The article below provides a great deal of background information about the lawsuits. We hope the information presented is useful to you to help you begin to decide which of the above three options is the best fit for you. If you would like a free confidential consultation contact us and we will show you the value we provide from our extensive experience. Our BitTorrent copyright infringement defense practice is nationwide from coast to coast, with affordable prices and excellent service and reputation. You may reach us nationwide at 312-201-8310 for a free, confidential consultation.

These are the Lawsuits filed by Strike 3 Holdings LLC and Malibu Media LLC This Week in DC, Illinois, Michigan, New Jersey, New York, Virginia, and Pennsylvania

District of Columbia

Strike 3 Holdings, LLC v. Doe 1:18-cv-00536
Strike 3 Holdings, LLC v. Doe 1:18-cv-00537

Strike 3 Holdings is represented in DC by the law firm Fox Rothschild

Virginia

Strike 3 Holdings, LLC v. Doe 1:18-cv-00249
Strike 3 Holdings, LLC v. Doe 1:18-cv-00245
Strike 3 Holdings, LLC v. Doe 1:18-cv-00247
Strike 3 Holdings, LLC v. Doe 1:18-cv-00248
Strike 3 Holdings, LLC v. Doe 1:18-cv-00252
Strike 3 Holdings, LLC v. Doe 1:18-cv-00253
Strike 3 Holdings, LLC v. Doe 1:18-cv-00255
Strike 3 Holdings, LLC v. Doe 1:18-cv-00254

Strike 3 Holdings is represented in Virginia by the law firm Fox Rothschild

Pennsylvania

Strike 3 Holdings, LLC v. John Doe 5:18-cv-00939
Strike 3 Holdings, LLC v. John Doe 5:18-cv-00940
Strike 3 Holdings, LLC v. John Doe 5:18-cv-00941
Strike 3 Holdings, LLC v. John Doe 5:18-cv-00942
Strike 3 Holdings, LLC v. John Doe 5:18-cv-00943

Strike 3 Holdings is represented in Virginia by the law firm Fox Rothschild

Illinois

Malibu Media v. Doe 1:18-cv-01606
Malibu Media v. Doe 1:18-cv-01607
Malibu Media v. Doe 1:18-cv-01608
Malibu Media v. Doe 1:18-cv-01609
Malibu Media v. Doe 1:18-cv-01610
Malibu Media v. Doe 1:18-cv-01618
Malibu Media v. Doe 1:18-cv-01620

Malibu Media LLC is represented in Illinois by attorney Mary K. Schulz

Michigan

Malibu Media v. Doe 2:18-cv-10749
Malibu Media v. Doe 2:18-cv-10752

Malibu Media LLC is represented in Michigan by attorney Joel A. Bernier of BOROJA BERNIER & ASSOCIATES PLLC

New Jersey

Malibu Media v. John Doe 2:18-cv-03250
Malibu Media v. John Doe 2:18-cv-03251
Malibu Media v. John Doe 3:18-cv-03253
Malibu Media v. John Doe 1:18-cv-03255
Malibu Media v. John Doe 2:18-cv-03259
Malibu Media v. John Doe 1:18-cv-03263
Malibu Media v. John Doe 2:18-cv-03265
Malibu Media v. John Doe 2:18-cv-03268

Malibu Media LLC is represented in New Jersey by Patrick J Cerillo

New York

Malibu Media v. Doe 1:18-cv-01922
Malibu Media v. Doe 1:18-cv-01923
Malibu Media v. Doe 1:18-cv-01924
Malibu Media v. Doe 1:18-cv-01925
Malibu Media v. Doe 1:18-cv-01926
Malibu Media v. Doe 1:18-cv-01927
Malibu Media v. Doe 1:18-cv-01928
Malibu Media v. Doe 1:18-cv-01929
Malibu Media v. Doe 1:18-cv-01930

Malibu Media LLC is represented in New York by attorney Kevin Conway

Why Did I Receive a Subpoena from STRIKE 3 HOLDINGS LLC or MALIBU MEDIA LLC?

The subpoena relates to a federal copyright infringement lawsuit. Essentially, the movie company is alleging that someone in the home or office illegally downloaded their copyrighted movies produced using file-sharing software such as BitTorrent without paying a license fee.

We hear fairly often in our BitTorrent copyright infringement practice that our clients have been sued due to obtaining movies for free – not just by using a Torrent program, but also by streaming using Popcorn Time , Showbox, or even Kodi. It remains to be seen whether any of our clients sued by Strike 3 Holdings is due to using these streaming services.

We also hear that the Internet Subscriber who contacts us has no idea what this is about. We are adept at explaining the law and BitTorrent file-sharing technology in ways that most people understand. This can be the first step in either finding out who the actual downloader was, or in determining the subscriber’s IP address being matched to the movie downloading activity was probably a mistake.

Set up a free consultation to discuss the specifics of your case, or keep reading below for more information on what you can expect from your case with STRIKE 3 HOLDINGS LLC.

What Do I Do About My STRIKE 3 HOLDINGS LLC or MALIBU MEDIA LLC ISP Subpoena?

Firstly and most importantly- don’t ignore it! You have a limited amount of time to decide what to do; the longer you leave it, the fewer choices you’ll have. Typically, you have anywhere from two weeks to one month after receiving the ISP letter and subpoena to decide what to do.

Secondly, deleting anything could make the penalties worse, don’t try to hide anything.

Don’t Sign Anything Before Speaking with a Copyright Defense Attorney

If you receive a Waiver of Service of Summons form in the mail, don’t sign it before speaking with an experienced attorney. Signing the Waiver of Service of Summons form you received in the mail from the movie company’s lawyer will in some cases lead to an unfair default or consent judgments against you.

Speaking with an experienced attorney with a background in ISP subpoena defense can help you make informed decisions about how to proceed. Antonelli Law provides free copyright infringement consultations to those Internet users and defendants in other states being sued. We are currently representing Strike 3 Holdings and Malibu Media LLC Defendants on the West Coast, Illinois, Michigan, and the East Coast.

If you want to read more about recent cases of ISP users in copyright infringement allegation lawsuits, consider this article by Jeffrey Antonelli about “copyright troll” litigation, published by the Illinois State Bar Association’s Intellectual Property Section. It speaks to our experience in this field of litigation.

Once you’ve spoken to an experienced ISP Subpoena Defense Attorney, you’ll understand your specific case better, but generally, you have three options:

Defendants’ Options for the STRIKE 3 HOLDINGS LLC and MALIBU MEDIA LLC Copyright Infringement Claims:

Resolve the case anonymously
File a motion to quash before it gets to court
Prepare to fight your case in court

Antonelli Law knows how to help you figure out the best action for your subpoena defense and the Copyright Infringement Claims. We’re the nation’s most experienced BT copyright defense firm, with a record of having helped nearly 2,000 people across the country accused of downloading movies over the internet in these types of lawsuits.

Contact us to see which option is best for your STRIKE 3 HOLDINGS LLC and MALIBU MEDIA LLC case.

Resolving Your STRIKE 3 HOLDINGS LLC and MALIBU MEDIA Copyright Infringement Case Anonymously

The easiest and most common way to resolve your case is out of court. Choosing this option allows you to settle anonymously. At Antonelli Law, we charge a flat legal fee of $2,500 for anonymous settlements.

Filing a Motion to Quash the STRIKE 3 HOLDINGS LLC or MALIBU MEDIA LLC Subpoena You Received

The motion to quash argues that the lawsuit’s complaints claiming copyright infringement only claim a few ‘bits’ of data were transmitted by the IP address and user in question, therefore they do not provide enough evidence to make a claim on copyright infringement, and the court should throw out the copyright infringement lawsuit brought by the movie company due to the deficiency, then the court should also quash the subpoena for the user in question. At Antonelli Law, we offer a flat rate for filing motions to quash a subpoena.

This option is not without risks. Contact Antonelli’s experienced ISP subpoena defense lawyers to discuss this option further.

Preparing to Fight Your STRIKE 3 HOLDINGS LLC or MALIBU MEDIA LLC Case in Court

When choosing to fight a copyright infringement lawsuit brought against you, Antonelli Law should be your first choice for defense.

We have local counsel coast to coast, to help us efficiently settle or fight lawsuits brought against our clients. We offer free consultations where we explain what you can expect when fighting this copyright infringement lawsuit in court. After that, we charge an hourly fee.

There are many defense standpoints from which we can tenaciously work to fight the copyright infringement lawsuits brought against Internet users. One of the most common forms of defense is claiming that the user who transmitted the data for the movies through a BitTorrent swarm is not the user at this IP address.

This is a strong defense because the copyright infringement lawsuit brought against the defendant assumes that the defendant used their own IP address to transmit the data for the movie. However, hackers often disguise their IP addresses when illegally transmitting data online, so in many cases, the defendant is not at fault and did not commit copyright infringement using a Bittorrent program.

Why Choose Antonelli Law as Your Experienced ISP Subpoena Defense Law Firm?

We offer fair and competitive prices, and are no more expensive than hiring a local attorney if you could find one as experienced in this area of BitTorrent Copyright Defense Law.
We are able to represent you in your federal case because Copyright Law is federal law which means it is the same from coast to coast.
This area of law is fast paced and changes happen rapidly, so we are continuously following the latest developments in cases nationwide
We have years of experience representing ISP users accused of Bit Torrent copyright infringement and helping to resolve nearly 2000 cases
We have strong credentials standing behind our arguments and the other side is well aware of this
We understand the panic or anxiety you may feel at receiving a copyright infringement lawsuit from STRIKE 3 HOLDINGS LLC or MALIBU MEDIA LLC, and we are experienced in helping Defendants make calm, informed decisions throughout this process

Experience matters.

When you choose a doctor for a procedure, you want a doctor that has performed the procedure many, many times before. The same applies to BitTorrent copyright defense. You want lawyers that have seen cases just like yours many times before and resolved them successfully. We’re the nation’s most experienced BitTorrent copyright defense firm. Antonelli Law attorneys have handled movie download BitTorrent copyright infringement cases nationwide nearly 2,000 times. Our many positive client reviews is just one indication of the success of our defense practice.

Ready to take the first step in resolving the copyright infringement allegations brought you?

Contact us today.

The Case Numbers for the STRIKE 3 HOLDINGS LLC Copyright Infringement Claims are:

California

4:17-cv-06998
4:17-cv-06999
4:17-cv-07001
4:17-cv-07002
4:17-cv-07004
4:17-cv-07005
4:17-cv-07006
4:17-cv-07007
4:17-cv-07008
4:17-cv-07009
4:17-cv-07010
4:17-cv-07011

Connecticut

3:17-cv-02038
3:17-cv-02039
3:17-cv-02040
3:17-cv-02041
3:17-cv-02044
3:17-cv-02045
3:17-cv-02046
3:17-cv-02047
3:17-cv-02048
3:17-cv-02049

Maryland

1:2018cv00367
1:2018cv00369
1:2018cv00370
8:2018cv00374
8:2018cv00379
8:2018cv00380
1:2018cv00383
8:2018cv00384
8:2018cv00385
8:2018cv00395
1:2018cv00397
8:2018cv00398
8:2018cv00399
8:2018cv00400
1:2018cv00401
1:2018cv00405
1:2018cv00406
8:2018cv00408
1:2018cv00409
1:2018cv00410
8:2018cv00424
1:2018cv00426
1:2018cv00427
8:2018cv00428
8:2018cv00429
8:2018cv00430

Strike 3 Holdings LLC is represented in Maryland by attorney Jessica Haire of Fox Rothschild

New Jersey

New York – more cases

2:18-cv-00689
2:18-cv-00691
2:18-cv-00692
2:18-cv-00693
2:18-cv-00694
2:18-cv-00695
2:18-cv-00696
2:18-cv-00697
2:18-cv-00698
1:17-cv-09654
1:17-cv-09658
1:17-cv-09659
7:17-cv-09663
7:17-cv-09664
7:17-cv-09665
7:17-cv-09666
7:17-cv-09667
1:17-cv-09655
1:17-cv-09656
1:17-cv-09657
1:17-cv-09661

See Also:

STRIKE 3 HOLDINGS Motion to Quash Granted in New York – ISP Subpoena Defense

STRIKE 3 HOLDINGS LLC SUING MORE CALIFORNIA INTERNET USERS – ISP SUBPOENA DEFENSE

STRIKE 3 HOLDINGS JUDGE: “RISK OF FALSE POSITIVE IDENTIFICATIONS” – ISP Subpoena Defense

STRIKE 3 HOLDINGS and MALIBU MEDIA LLC File 50 New Lawsuits This Week: Learn the THREE OPTIONS Each Defendant Has – ISP Subpoena Defense

Related

Tags:piracy, privacy

About Author

JAntonelli

Add a Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Website Apps