Another Judge Criticizes Strike 3 Holdings' Mass Copyright Litigation

Another Judge Criticizes Strike 3 Holdings' Mass Copyright Litigation

CAMDEN, N.J. — A federal judge in New Jersey became yesterday the latest magistrate to rule against Strike 3 Holdings and also to use the occasion to criticize the adult company’s strategy of filing a massive number of copyright lawsuits against anonymous downloaders.

Judge Joel Schneider ruled that he would not allow Strike 3 Holdings, the company behind the popular porn brands in the Vixen group, to reveal the identities of a number of internet users they claim illegally downloaded their content.

This threat of public exposure, legal experts say, is behind the more than 3,000 almost identical lawsuits Strike 3 has filed against internet users since 2017.

Judge Schneider stated that he was not “unmindful” that his ruling “may make it more difficult for Strike 3 to identify copyright infringers,” but chose to uphold the expected privacy rights of the accused over the litigious company’s claims.

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

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.”

Schneider had previously granted these subpoenas, but lately, he explained, he took "a deep dive into Strike 3's practices” and decided that the company’s subpoenas were “misleading." the judge wrote.

"Prior to its recent inquiries, the court assumed Strike 3's subpoenas identified the name of the IP subscriber when its works were infringed. However, the court was wrong," Schneider said.

"The innocent subscriber may have to pay a substantial sum to retain a lawyer to defend the lawsuit, or possibly settle to avoid incurring future costs," the judge wrote. "Negative publicity and embarrassment may occur from being named in a copyright infringement lawsuit [and] the fact that the innocent subscriber was named in a lawsuit may be revealed in an unrelated employment or credit search."

Related:  

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

Clip Page Launches 'Creator Analytics' Feature

Custom content marketplace Clip Page has launched the Creator Analytics feature on its platform.

BBWXXXAdventures Relaunches Through Grooby's Blue.xxx

Paysite BBWXXXAdventures has relaunched under Grooby's new website management company Blue.xxx.

Flirt4Free Announces 'Tease the Season' Holiday Contest

Flirt4Free has announced its Tease the Season promo and model contest, which will run Dec. 21-25.The competition is led by the return of the Snowflake Contest, where models can be gifted digital snowflakes by their fans. The models who collect the most snowflakes by 11:59 a.m. on Christmas Day will win cash prizes.

SWR Data Publishes 2024 'Top Creator Platforms' Report

Adult industry market research firm SWR Data has published a report on the Top Creator Platforms of 2024.

MintStars Joins Pineapple Support as Supporter-Level Sponsor

Content platform MintStars has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

Politicians Aim to Study Effects of FOSTA-SESTA on Sex Workers

In an encouraging sign for sex workers, California State Representative Ro Khanna and U.S. Senator Elizabeth Warren of Massachusetts have reintroduced the SAFE SEX Workers Study Act, which aims to study the effects of FOSTA-SESTA.

Pornhub to Shut Down Access in Florida Over Age Verification

Aylo will geoblock Pornhub across Florida starting Jan. 1, when HB 3, the state's age verification law, goes into effect.

AEBN Publishes Popular Searches by Country for October, November

AEBN has released the list of popular searches from its straight and gay theaters by country in October and November.

Texas Bill Aims to Ban Sex Toys at 'Big-Box' Retailers

Republican State Representative Hillary Hickland has introduced a bill in the Texas legislature that would restrict the sale of pleasure products at "big-box" and other non-adult retailers.

Jacquie et Michel Acquired by 'International Fund'

French adult studio Jacquie et Michel has been acquired by an international fund, marking a significant development for the well-known brand.

Show More