Strike 3, Accused Copyright Infringer Reach Agreement Before Florida Trial

Strike 3, Accused Copyright Infringer Reach Agreement Before Florida Trial

TAMPA, Fla. — Strike 3 Holdings and a Florida man accused of illegally downloading and sharing 36 of the company’s copyrighted adult titles reached a confidential settlement on Sunday, only days before the case was scheduled to go to trial.

Strike 3, the copyright holder for the Vixen Media Group brands, and its main legal enforcer, attorney Lincoln Bandlaw, have engaged in a long-term, relentless practice of pursuing lawsuits against individual content pirates and anonymous file-sharers.

As XBIZ reported, Strike 3 has not backed down from its lawsuit-heavy strategy, even after being criticized by judges for subpoenaing ISPs for customer information, and being termed “copyright trolls” by critics.

Although many of these cases result in a settlement, the Florida case concerning defendant John Adaire was moving toward a federal trial this week, until the parties reached an agreement “at the eleventh hour” on Sunday, news site TorrentFreak reported.

“It’s unusual for such a file-sharing case to be so heavily litigated since that’s quite costly for both sides,” wrote TorrentFreak’s Ernesto Van der Sar, who regularly covers Strike 3 litigation. 

“The prospect of a potential jury trial is even rarer,” Van der Sar added, noting that neither Strike 3 nor Adaire “wanted to give in.”

U.S. District Judge Mary Scriven had allowed Strike 3 to use evidence from its proprietary VXN tracking technology, which the company claims allowed it to identify the IP address assigned to Adaire in connection with the illegal download and sharing of 36 copyrighted Vixen Media Group titles.

During pretrial motions, Adaire’s lawyer unsuccessfully argued that the in-house technology was not reliable as “VXN had no user’s manual, no design documentation, and was never verified by an independent third party. There is no known false positive rate of VXN, since it was never measured.”

On Sunday, the parties informed the court they had “finalized and executed, by way of written agreement, a final settlement resolving all claims raised in this case.”

According to TorrentFreak, due to the confidential nature of the settlement, it remains unclear whether either party agreed to pay compensation.

Adaire’s attorney, Curt Edmondson, told TorrentFreak that the dispute was “amicably resolved to the satisfaction of all,” with Strike 3’s lawyer, Christian Waugh, concurring.

Waugh touted the judge’s injunction stipulating that the defendant “will have to pay $125,000 in damages if they infringe any of Strike 3’s copyrights in the future.”

“The injunction itself is a historic result for content creators and owners like my client,” Waugh told TorrentFreak. “There are extraordinary penalties, including contempt, if Defendant ever violates the injunction imposed by the Court.”

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

9th Circuit Upholds Verdict Against Oregon College for Discriminating Against Former Adult Performer

The Ninth U.S. Circuit Court of Appeals on Monday upheld a 2022 Oregon jury’s verdict in favor of Nicole Gililland, a former nursing student who sued her school for discriminating against her because of her adult performer past.

Former Trump Staffer, Project 2025 Advisor John McEntee Predicts a Total Porn Ban

John McEntee, Senior Advisor to the Heritage Foundation’s Project 2025 and a key figure in the former Trump administration, predicted an eventual full ban of pornography and claimed that once it is enacted, “this country will flourish.”

Vendo Launches 'Pay by Bank' Service

Vendo has launched its new Pay by Bank checkout system.

CrakRevenue Taps Maxime Bergeron as New CEO

CrakRevenue has appointed longtime staffer Maxime Bergeron as the company's new CEO.

Clips4Sale Adds 'Spatial Video' Category

Clips4Sale (C4S) has debuted a “spatial video” category for the next generation of VR and AR devices.

Lemon Social Launches Educational Program, 'Metaverse' Feature

Premium fan platform Lemon Social has debuted an "Adult Content University" program and a "Lemon Social Metaverse" feature.

Australian Conservatives Raise Concerns About US-Born Online Censor

Long after progressive free speech advocates in Australia questioned eSafety Commissioner Julie Inman Grant over her campaigns to target adult content, conservatives and libertarians are now raising concerns about the powers granted to the country’s top censor — an unelected former tech exec born in the U.S. — with some calling for her ouster.

Cupcake Girls, Aylo Partner on Educational Video Series for Performers

The Cupcake Girls and Aylo have teamed up to produce a series of educational videos focused on safety standards for adult performers.

My.Club Appoints Nicole Aniston as New Brand Ambassador

My.Club has named Nicole Aniston its newest brand ambassador.

Elevated X Implements Age Verification Solution, Integration API

Elevated X is now offering age verification services (AVS) through an API.

Show More