Another Judge Criticizes Strike 3 Holdings' Mass Copyright Litigation

Another Judge Criticizes Strike 3 Holdings' Mass Copyright Litigation

CAMDEN, N.J. — A federal judge in New Jersey became yesterday the latest magistrate to rule against Strike 3 Holdings and also to use the occasion to criticize the adult company’s strategy of filing a massive number of copyright lawsuits against anonymous downloaders.

Judge Joel Schneider ruled that he would not allow Strike 3 Holdings, the company behind the popular porn brands in the Vixen group, to reveal the identities of a number of internet users they claim illegally downloaded their content.

This threat of public exposure, legal experts say, is behind the more than 3,000 almost identical lawsuits Strike 3 has filed against internet users since 2017.

Judge Schneider stated that he was not “unmindful” that his ruling “may make it more difficult for Strike 3 to identify copyright infringers,” but chose to uphold the expected privacy rights of the accused over the litigious company’s claims.

"A legal remedy does not exist for every wrong,” Schneider wrote, “and it is unfortunately the case that sometimes the law has not yet caught up with advanced technology.”

According to legal news site Law360, Strike 3 “monitors for IP addresses that download its films, then uses geolocation technology to figure out roughly where the network is located. It then files a lawsuit in the appropriate district against the anonymous subscriber linked to the address, allowing it to request a subpoena to force the internet service provider associated with the address to reveal the name of the subscriber.”

Schneider had previously granted these subpoenas, but lately, he explained, he took "a deep dive into Strike 3's practices” and decided that the company’s subpoenas were “misleading." the judge wrote.

"Prior to its recent inquiries, the court assumed Strike 3's subpoenas identified the name of the IP subscriber when its works were infringed. However, the court was wrong," Schneider said.

"The innocent subscriber may have to pay a substantial sum to retain a lawyer to defend the lawsuit, or possibly settle to avoid incurring future costs," the judge wrote. "Negative publicity and embarrassment may occur from being named in a copyright infringement lawsuit [and] the fact that the innocent subscriber was named in a lawsuit may be revealed in an unrelated employment or credit search."


Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Chaturbate Signs On as Presenting Sponsor of XBIZ Miami

Premier webcam community Chaturbate has signed on as the exclusive presenting sponsor of XBIZ Miami, slated for May 13-16 at the oceanfront Sagamore Hotel in South Beach.

Japanese Performers, Stakeholders Rally to Save Industry From Controversial Law

Hundreds of protesters marched alongside Japanese adult industry professionals on Friday to protest a controversial 2022 law that regulates the country’s adult video (AV) sector, and which they contend has crucially destabilized the industry.

FSC Meets With UK Baroness in Charge of Tory Government's Porn Review

The Free Speech Coalition (FSC) has met with Baroness Gabrielle Bertin, the House of Lords member charged by the U.K. government with conducting a full review of the country's pornography laws.

NiteFlirt Joins Free Speech Coalition as Sponsor

Phone sex service NiteFlirt has joined the Free Speech Coalition (FSC) as a Silver-level sponsor.

FSC Publishes Guide to Navigating New FinCEN Reporting Requirements

The Free Speech Coalition has published a guide for members on how to navigate the new reporting requirements implemented by the Financial Crimes Enforcement Network (FinCEN).

Canada: Age Verification of Adult Content Becomes Election Issue

Canadian Prime Minister Justin Trudeau criticized on Thursday at an event in Cape Breton comments by Conservative Party leader Pierre Poilievre stating that his government would require age verification for adult content if elected.

Nebraska Republican Asserts Age Verification Aims to 'Protect Women' From Adult Content

The Nebraska Republican legislator behind the state’s copycat version of the age verification legislation being sponsored around the country by anti-porn religious conservative activists asserted Wednesday that his bill aims not only to shield minors from adult content but also to “protect women.”

MindBrowse Spotlights 'Minx' Creators at XBIZ LA, Session Now Streaming

Mindbrowse and have made available for streaming the full-length recording of “The Making of 'Minx' – Comedy, Culture, and Fictionalized Porn,” a discussion panel held at XBIZ LA in January.

FSC Meets With Treasury Department Officials on Banking Discrimination

The Free Speech Coalition (FSC) met with U.S. Department of Treasury officials last week to discuss the impact of banking discrimination on the adult industry.

Kansas Senator Dismisses Free Speech Concerns About Her Age Verification Bill

The Kansas state Senate Judiciary Committee last week voted unanimously to endorse the state’s copycat version of the age verification legislation being sponsored around the country by anti-porn religious conservative activists, despite Democratic senators expressing concerns about potential implications for free speech.

Show More