Strike 3 Holdings Dismissed by District Court Judge
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Strike 3 Holdings LLC distributes adult films through the subscription-based websites Blacked, Vixen, and Tushy. The company continues to file lawsuits against anonymous defendants for allegedly using file-sharing software like BitTorrent to download their adult content illegally.
Judge Royce C. Lamberth of the United States District, recently shared his opinion on Strike 3’s method of filing lawsuits in a memorandum regarding the case Strike 3 Holdings LLC v. John Doe subscriber (assigned IP address 18.104.22.168):
“Armed with hundreds of cut-and-pasted complaints and boilerplate discovery motions, Strike 3 floods this courthouse (and others around the country) with lawsuits smacking of extortion. It treats this Court not as a citadel of justice, but as an ATM. Its feigned desire for legal process masks what it really seeks: for the Court to oversee a high-tech shakedown. This Court declines.
The Court denies Strike 3’s ex parte motion  for discovery prior to the Rule 26(f) conference. Since this makes serving the defendant impossible, the Court denies as moot Strike 3’s motion  extending time to effectuate service and dismisses the case Without prejudice. An accompanying order will issue.”
Judge Lamberth states that Strike 3 Holdings can credit their success rate not to copyright violations, but to the sheer number of lawsuits filed. Strike 3 has filed 1,839 cases over the past 13 months, including 40 in the District of Columbia.
“These serial litigants drop cases at the first sign of resistance, preying on low-hanging fruit and staying one step ahead of any coordinated defense. They don’t seem to care about whether defendant actually did the infringing, or about developing the law.” Judge Lamberth writes. “Perhaps the trolls fear a court disrupting their rinse-wash-and-repeat approach: file a deluge of complaints; ask the court to compel disclosure of the account holders; settle as many claims as possible; abandon the rest.”
Some Judges have become irritated with Strike 3 Holdings for flooding their courts with motions that lack sufficient evidence and don’t outweigh the defendant’s privacy expectation. It remains to be seen whether Strike 3 Holdings files an appeal of Judge Lamberth’s order. Judge Lamberth’s opinion is not binding precedent and other judges, including in DC, may disagree with the opinion.
Why it’s important to speak to an Attorney About Your Strike 3 Holdings LLC
It’s best to discuss your case with an experienced ISP subpoena defense law firm, such as Antonelli Law. We will make sure you have a clear understanding of the lawsuit brought against you so you can make an informed decision regarding your case.
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Contact Antonelli Law about your Strike 3 Holdings LLC case today to set up your free consultation.