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

FTC Weighs Reboot of 'Click to Cancel' Rulemaking Process

The Federal Trade Commission has invited public comments on a petition to renew trade regulation rulemaking concerning negative option plans, after a federal court previously vacated a “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions.

VRPorn.com Releases 2025 'Annual Report'

VRPorn.com has released its Annual Report, highlighting its audience favorites from throughout 2025.

MrPornGeek Launches 'Visibility Boost' System

MrPornGeek has launched a new visibility boost system.

New Federal Bills Aim to Repeal Section 230

Members of Congress this week introduced two bills calling for the repeal of Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

RM11 Joins Pineapple Support as Supporter-Level Sponsor

RM11 has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Mark Spiegler Named XBIZ Talk Guest for 2026 LA Conference

XBIZ is pleased to announce that famed talent agent Mark Spiegler, impresario of the Spiegler Girls agency, will join an exclusive talk session at XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Gataca Introduces Passkey Integration

Spain-based age verification provider Gataca has debuted its new passkey integration.

GloryPay Announces New Financial App

European fintech company GloryPay has announced the launch of its financial app for industry members.

Creator of Hentaied, Parasited Launches New Site 'MonsterPorn'

Romero Mr. Alien, the creator of Parasited and Hentaied, has launched new paysite MonsterPorn.com.

House of Lords Approves UK Plan to Outlaw 'Choking' Content

The House of Lords, the U.K.’s upper house of Parliament, has agreed to amendments to the pending Crime and Policing Bill that would make depicting “choking” in pornography illegal and designate it a “priority offense” under the Online Safety Act.

Show More