Strike 3 Files Copyright Infringement Lawsuits Against Average Citizens Allegedly Using Torrent Sites To Illegally Access Their Copyrighted Material
Have you ever received a notice from your internet service provider that you have been illegally downloading copyrighted material? Did you know that you can be sued for up to $30,000 per copyright infringement violation? While most media providers don’t bother with lawsuits against random Torrent users on the internet, one company has been making headlines by filing suits against average Americans who allegedly downloaded their adult movies using sites like The Pirate Bay.
The company is called Strike 3 and they have filed nearly 10,000 lawsuits against various individuals who they claim illegally downloaded their pornographic movies. A typical case begins when the individual learns that Strike 3 has asked their internet service provider to identify who owns the IP address assigned to the individual’s router. Strike 3 is accusing the owner of the IP address of using BitTorrent or another Torrent client to download one of its copyrighted adult titles. BitTorrent is a program used for downloading large files quickly using peer-to-peer sharing protocols.
How does Strike 3 get my information?
Strike 3 claims to have proprietary technology that allows them to search torrents for IP addresses associated with individual downloaders. However, the IP address is associated with the router and not any individual computer within the household. Using this information, Strike 3 then files a lawsuit in federal court. Because they do not know the name of the user who downloaded the file, the company names the defendant as John Doe and qualifies that with an IP address. A typical named defendant can look like: “John Doe subscriber assigned IP address 76.102.6.248.”
Generally speaking, the discovery process for federal litigation takes a long time. However, Strike 3 has successfully convinced judges to allow the company to quickly subpoena the internet service provider that hosts the defendant’s IP to ask for John Doe’s real name and address.
When the ISP gets Strike 3’s subpoena, it will contact John Doe and ask if they wish to contest the release of his or her name to Strike 3. John Doe now faces a difficult decision. If Strike 3 prevails, John Doe could face statutory damages under the U.S. Copyright Act. He could face a minimum of $750 per illegal download or up to $150,000 for willful infringement. Plus, your name will appear in a lawsuit associated with the illegal downloading of pornography.
Fighting back
With the help of an attorney, you may not have to pay Strike 3 a dime. In many cases, the quality of the plaintiff’s information isn’t as good as it could be, and finding individuals through IP addresses isn’t as easy as it sounds. In fact, all Strike 3 knows is the name of the individual with whom the account is associated.
Facing a Subpoena by Strike 3? Call Kohl & Cook Today!
Kohl & Cook Law Firm, LLC represents the interests of individuals who have been sued by Strike 3. We can help defend you from their copyright infringement claims. Call our Columbus consumer lawyers and learn more about how we can help.
Source:
sfgate.com/news/bayarea/article/strike-3-s-lawyer-defends-reliability-of-17790945.php
