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? Learn the Three Options Each Defendant Has When Receiving an ISP Subpoena including a Motion to Quash the Subpoena
In a wonderful win for defense counsel, today Judge Hellerstein of the Southern District of New York granted a Motion to Quash Subpoena filed by Antonelli Law’s local counsel Leslie Farber.
In the Opinion below, Judge Hellerstein grants the motion to quash or vacate the ISP subpoena. But he does it for reasons not raised in the motion papers. Curiously, the Court finds that the Complaint by Strike 3 Holdings LLC failes to legally state a claim for copyright infringement.
Judge Hellerstein writes: ” The Complaint fails to provide appropriate copyright registration forms, or even list the copyrighted materials-as opposed to merely the “site”-that Defendant allegedly infringed on. According to the Complaint: “Plaintiff owns the copyrights to the Works and the Works have either been registered with the United States Copyright Office or have pending copyright registrations.
The United States Copyright Office registration information for the Works, including the registration number, is outlined on Exhibit A.” See Complaint at ~ 31. However, “Exhibit A” mentioned and attached to the Complaint does not provide such registration numbers, nor does Plaintiffs “AO 121” Copyright Form (see Dkt. Nos. 2, 5). By failing to identify which copyrighted materials Plaintiff owns, and which materials Defendant infringed on, the Complaint fails to contain sufficient factual matter to “state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). ”
Wow. If the ruling stands, there can be little doubt that this decision may be cited by defense counsel in many Strike 3 cases around the country in similiar motions to quash the subpoena issued to the Defendant’s ISP, and in motions to dismiss the lawsuit.
Order granting Motion to Quash subpoena in Strike 3 Holdings LLC by Judge Hellerstein 17-cv-08956 SDNY956-akh-document-15
Are You Targeted By an ISP Subpoena? Defendants’ Three 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
The article below provides a great deal of background information about the Strike 3 Holdings LLC and Malibu Media LLC 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.
Option One: 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 somewhere between $1,500 – $2,000 for anonymous settlements.
Option Two: 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.
Option Three: Preparing to Fight Your STRIKE 3 HOLDINGS LLC or MALIBU MEDIA LLC Case in Court
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.
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.
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
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, many times before and resolved them with successful results. 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 one indication of the success of our defense practice.
Ready to take the first step in resolving the copyright infringement allegations brought you?
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 expertise in this field of litigation.
STRIKE 3 HOLDINGS Files 100 New Lawsuits This Week: Learn the THREE OPTIONS Each Defendant Has – ISP Subpoena Defense
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STRIKE 3 HOLDINGS and MALIBU MEDIA LLC File 50 New Lawsuits This Week: Learn the THREE OPTIONS Each Defendant Has – ISP Subpoena Defense