Strike 3 Holdings LLC and Malibu Media LLC have been filing copyright infringement lawsuits for years alleging that individuals illegally downloaded their adult films without the proper licensing fees.
There have been thousands of these cases filed, but some judges appear to be growing tired of the numerous case filings.
Defendants in these cases often first receive notice that they’re being sued when they receive a letter from their internet service provider with a copy of a subpoena alerting them that Strike 3 Holdings or Malibu Media is requesting their identity.
These cases are time-sensitive and defendants often must act quickly to avoid their name being released and tied to the case publicly. Their choices usually involve settling their case, filing a motion to quash, or fighting in court.
However, more and more judges seem to have noted that these cases have become what some call “copyright trolling” and denying Strike 3 Holdings and Malibu Media their subpoena requests.
Joel Schneider, a magistrate judge in U.S. District Court in Camden, had previously ruled in favor of Strike 3 Holdings subpoena requests but has seemingly had a change of heart since then. On Oct. 24 he ruled that the company should not be able to file lawsuits against “John Does” identified only by their IP addresses and then obtain the subscribers’ real names by subpoenaing internet service providers. Schneider also reversed his own previous rulings granting subpoenas.
While this can be seen as a win for defendants, it does not mean that Strike 3 Holdings and Malibu Media have any plans of slowing down. Since Schneider’s ruling, Strike 3 Holdings has appealed his decision in hopes their subpoena requests will be granted.
Antonelli Law’s own Jeffery Antonelli, who has represented cases like these for years, said of the ruling;
“It shows that judges can change their minds about these cases, which is important.”
These copyright infringement lawsuits will likely continue to be filed. If you or someone you know received a notice from your ISP letting you know Strike 3 Holdings or Malibu Media is trying to obtain your name, the time to act is now.
The team at Antonelli Law has represented nearly 3,000 clients in copyright infringement cases like these and are ready to help you today.
To schedule a free consultation and discuss your case, call 312-201-8310 or click here.
This is a blog dedicated to updates on copyright infringement cases. We have handled more than 1,000 Malibu Media cases and more than 350 Strike 3 Holdings cases. We work across the U.S., helping each client figure out the best option for their individual situation. Please click for our main website pages on Strike 3 Holdings or Malibu Media.
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JAntonelli
Jeffrey Antonelli is a member of the federal trial bar of the Northern District of Illinois and is admitted to numerous federal courts around the country. He has been a civil litigator nearly 25 years in a broad range of actions representing corporations and individuals as plaintiffs and defendants in state and federal court.
Jeffrey has been interviewed by the media many times, including Bloomberg BNA, NBC, The New York Times, Chicago Lawyer, Chicago Tribune, and the longstanding lawyer’s publication Chicago Daily Law Bulletin.
Prior to forming Antonelli Law Ltd. in 2007 Jeffrey worked for several litigation boutiques in Chicago’s Loop as well as a full service firm. His litigation experience includes hotly contested issues in intellectual property, business, insurance, and consumer fraud. He is an adviser to the Illinois Board of Higher Education Advisory Council for Private Business and Vocational Schools (PBVS), and was a member of the Illinois State Bar Association Education Law Section Council from 2012-2013. Jeffrey is especially proud of his work representing hundreds of students defrauded by improperly accredited educational institutions, including as certified class counsel.
Before attending law school, Jeffrey was interested first in business, and then in biomedical ethics. These interests led him to graduate from the nation’s largest philosophy department at Loyola University in Chicago, where some of his favorite (and most challenging) subjects were cognitive science and philosophy of science. During college he held positions at the University of Chicago’s Ben May Institute; as a medical assistant for a University of Chicago foot and ankle surgeon; and volunteered in the emergency room at the University of Chicago Hospitals. These experiences led to studying health law at the DePaul College of Law where Jeffrey earned his law degree and a certificate in health law. At that time DePaul’s Institute for Health Law was consistently ranked in the top 10 health law specialty programs nationwide.
During law school Jeffrey immersed himself in studying the practical and public policy aspects of health care through internships at the American Medical Association in Chicago, and on Capitol Hill at the Governmental Relations Office of the Association of American Medical Colleges in Washington, DC.
Jeffrey has concentrated in civil litigation throughout his legal career, and is a member of the federal trial bar of the Northern District of Illinois, the Central District of Illinois federal court, and all federal courts of Colorado, Wisconsin, Michigan, and Indiana. In addition, he is a member of the DuPage County Bar Association and the Illinois State Bar Association.
Jeffrey prides himself on his strong personal ideals, passionate, ethical advocacy, and working hard to bring the best possible results for his clients. He also maintains a special interest in cases involving fraud. Whether due to good parenting, his family’s law enforcement employment, undergraduate studies in philosophy including ethics, or a fortuitous outcome of good breeding, one essence of Jeffrey’s character is a drive to root out the truth behind fraudulent practices.