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 © 2026 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

Pineapple Support Introduces 'Wellbeing by PS' Service

Pineapple Support has debuted its new Wellbeing by PS service, providing mental health support packages for companies and agencies.

MyMember.site Integrates Bluesky Functionality

MyMember.site has added Bluesky features to its website management platform.

GirlsDoPorn Defendants Ordered to Pay Victims $75.5 Million

A federal court has ordered former GirlsDoPorn owner Michael Pratt and his co-defendants in the GDP sex trafficking case to pay restitution totaling $75,568,283.47 to 106 victims.

SWR Data Publishes 'Clip Trend' Report

Adult industry market research outfit SWR Data has published a report on the performance of clip platforms and sales.

Another German Court Rejects Blocking Orders Against Pornhub, YouPorn

A German court has blocked the Rhineland-Palatinate Media Authority (MA RLP) from forcing telecom providers based within the court’s jurisdiction to cut off access to Aylo-owned adult sites Pornhub and YouPorn.

Ofcom Fines Kick Online Entertainment $1 Million for AV Noncompliance

U.K. media regulator Ofcom on Thursday fined Kick Online Entertainment 800,000 pounds (more than $1 million) for failing to implement age checks as required for compliance with the Online Safety Act.

FSC Details Legislative Outlook for 2026

The Free Speech Coalition (FSC) has laid out the legislative outlook for the industry in 2026.

AEBN Publishes Popular Searches by Country for December, January

AEBN has released the list of popular searches from its straight and gay theaters, by country, for December and January.

Jim Austin Joins CrakRevenue Team

Online industry veteran and business strategist Jim Austin has been hired by CrakRevenue.

Judge Dismisses NCOSE-Backed Suits Against Adult Sites Over Kansas AV Law

A federal judge on Tuesday dismissed lawsuits brought against two adult websites in Kansas for alleged violations of the state’s age verification law.

Show More