Judge Finds Conflict with Strike 3 Holdings Case in Minnesota District Court
A Minnesota judge denied several subpoena requests from Strike 3 Holdings, a company that produces adult films.
This is a blog dedicated to updates on copyright infringement cases. We’ve represented nearly 2,000 clients across the US, and are America’s most experienced BT copyright defense firm; we can represent you in your case against Strike 3 Holdings For more information about handling your subpoena visit our Strike 3 Holdings page.
According to Magistrate Judge Franklin Noel, there is a conflict between the defendant’s privacy rights and the copyright protections of the DMCA for Strike 3 Holdings.
Strike 3 Holdings in Minnesota
Recently a Minnesota district court denied several subpoena requests from Strike 3 Holdings to ask Comcast for the personal details of the user associated with the IP address which they allege illegally downloaded their adult content.
Judge Franklin Noel raised concerns about a conflict when he rejected this discovery motion. Judge Noel wrote, “This Court concludes that the conflict between the statutes, DMCA and the Communications Act, compels it to deny Plaintiff’s instant ex parte motion.”
This may have led to a similar ruling in another Strike 3 case where Judge David Schultz denied subpoena requests from Strike 3 Holdings. Schultz wrote, “From this Court’s perspective there are obvious tensions between DMCA, the Communications Act, and Federal Rule of Civil Procedure 45. The Court is not unsympathetic to Plaintiff’s need to discover the actual identity of the infringer of its copyright; however, the discovery sought by Plaintiff through a Rule 45 subpoena directly collides with federal privacy protections.”
However it is still possible that the district judge or an appeals court may reverse these decisions.
Your Strike 3 Holdings Case
If you have received a subpoena from Strike 3 Holdings, you have three options.
- Settle anonymously: You can anonymously resolve your case by agreeing to a financial settlement. Your ISP will not release your name. However, you will have to pay the settlement regardless of whether you feel you should have to.
- File a motion to quash: With a motion to quash, you are attempting to show the judge that the case against you lacks sufficient evidence. This is most viable in certain circumstances such as if the subpoena was filed in a different jurisdiction from where you live.
- Fight it: Choose an experienced law firm, like Antonelli Law, to fight for you in court. We are well-versed in the fields of computer networking and computer forensics which are crucial to understanding these cases.
Interested in working with Antonelli Law? Check out our AVVO ratings.
For more information visit our Strike 3 Holdings page or contact us at 312-201-8310 to schedule your free consultation.
Strike 3 Holdings v. Doe in Minnesota:
- 0:18-cv-00768
- 0:18-cv-00771
- 0:18-cv-00773
- 0:18-cv-00774
- 0:18-cv-00775
- 0:18-cv-00777
- 0:18-cv-00778
- 0:18-cv-00779
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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.