Strike 3 Holdings has been filing copyright infringement lawsuits for years, most commonly at the federal level. However, in 2019 Strike 3 began filing lawsuits in Florida state court for a variety of reasons, one of which appears to be that it was a cheaper option for them. But, their change in filings did not go unnoticed nor uncriticized.
If you’ve received a letter from your internet service provider (ISP) alerting you that Strike 3 Holdings is seeking your name along with a subpoena, you’re being sued. These cases are time-sensitive and can have serious consequences. They are accusing you, or someone in your home or office, of illegally downloading their adult films without the proper licensing fees, typically using a file-sharing software such as BitTorrent.
Antonelli Law represents Strike 3 Holdings clients nationwide and is ready to discuss your case today.
Want to talk to Antonelli Law and discuss your specific case in our free consultation? Call 312-201-8310 or click here.
In the U.S., copyright infringement cases are a federal matter that should be handled in federal court, which many have called Strike 3 out on.
According to a recent article by torrentfreak.com there are several reasons that attorneys believe Strike 3 is wrong to use state courts for these filings:
Attorney Jeffrey Antonelli and his firm Antonelli Law‘s local counsel Steven Robert Kozlowski objected to these subpoenas on behalf of several defendants. In his motion to quash, he highlights a variety of problems, including the earlier observation that copyright cases don’t belong in a state court.
“This Court lacks subject matter jurisdiction over the copyright claims at issue in the lawsuit which the subpoena to Comcast is premised upon. Federal courts have original and exclusive jurisdiction over civil actions arising under federal copyright law,” the motion reads.
Another problem is that the purpose of the “pure bill of discovery” is to obtain facts or information a defendant has. However, the targeted ISPs are not defendants in these cases.
Finally, the motions highlight that the IP-addresses may not even be linked to Florida, where the court is based. Strike 3 should have known this, as they always disclose the location in federal court. However, they may have omitted it on purpose, the defense argues.
“In fact, Plaintiff’s failure to allege that Defendant has sufficient contacts with the state of Florida or is a Florida resident is likely a purposeful omission as Defendant is not a resident of Florida,” the motion to quash reads, showing that the IP-address is linked to Minnesota.
We can discuss your case, whether filed in federal or state court, and come up with the best options for you. Your main options are typically:
- Settle anonymously
- File a motion to quash
- Fight in court
If you would like to discuss your federal or state Strike 3 Holdings case with Antonelli Law for free, call 312-201-8310 or click here.
This is a blog dedicated to updates on copyright infringement cases. We’ve represented 400 Strike 3 Holdings clients across the US since 2017, and are America’s most experienced BT copyright defense firm; we can represent you in your case. For more information about handling your subpoena visit our main website page for Strike 3 Holdings.