Appeals Judge Grants Strike 3 Supboenas to ID Alleged Copyright Violators

Appeals Judge Grants Strike 3 Supboenas to ID Alleged Copyright Violators

NEWARK, N.J. — A New Jersey federal judge on Tuesday overruled a circuit court ruling preventing Strike 3 Holdings from identifying alleged illegal downloaders of their adult content.

The new decision, by U.S. District Judge Noel L. Hillman, granted the subpoenas requested by Strike 3 to allow them to identify individuals with computers associated to 13 IP addresses who allegedly downloaded their content illegally.

Strike 3 is the holding company that owns the copyrights to Vixen Media Group content, including those from popular brands Vixen, Tushy, Blacked and Deeper.

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.”

The company’s lawyers have filed more than 3,000 similar lawsuits across the country since 2017, receiving criticism from some legal observers and judges about their tactics.

Judge Hillman’s decision reversed the October 2019 ruling by Judge Joel Schneider, who said that while he was not “unmindful” that his ruling “may make it more difficult for Strike 3 to identify copyright infringers,” he chose instead to uphold the expected privacy rights of the accused over the company’s claims.

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

Yesterday, it was time for Judge Hillman to opine that, although he “does not view lightly” the privacy concerns Judge Schneider had prioritized, he would side with Strike 3.

The still-anonymous defendants, Hillman wrote, may have a legitimate privacy interest in their online activity, but those rights “do not grant users a license to infringe on copyrighted material.”

"To the extent that anonymity is used to mask copyright infringement or to facilitate such infringement by subscribers or other persons, it is unprotected by the First Amendment," Judge Hillman wrote.

Hillman also ruled that the subpoenas should be accompanied by “a limited protective order” to assuage “any concerns about misidentification or privacy exposure.”

Related:  

Copyright © 2025 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

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

WannaCollab Joins Pineapple Support as Supporter-Level Sponsor

WannaCollab has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

FSC: Age-Verification Laws Go Into Effect in South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Sex Work CEO Debuts Upgraded 'GPTease' AI Assistant

Sex Work CEO has introduced the new Canvas in-chat editing feature to its AI-powered, NSFW text generator, GPTease.

UPDATED: Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

Show More