Florida Judge Allows Defendant to Refer to Strike 3 as 'Copyright Troll'

Florida Judge Allows Defendant to Refer to Strike 3 as 'Copyright Troll'

TAMPA, Fla. — A Florida judge ruled against Strike 3 Holdings last month, allowing lawyers for a defendant accused of illegally downloading and sharing 36 of the company’s copyrighted adult titles to refer to the company in court as a “copyright troll.”

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 the legal strategy of 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 is now moving forward. In late January, U.S. District Judge Mary Scriven denied Strike 3’s request to exclude information from the upcoming trial.

Strike 3, torrent news site TorrentFreak.com reported, “doesn’t want the defense to use the term ‘troll,’ which is often used to describe its sue-and-settle practice. According to Strike 3, it’s clear that being called a ‘troll’ is derogatory, so it wants to prevent a jury from being influenced by ‘prejudicial’ language.”

Strike 3’s lawyers told the judge that “name-calling has no place in civil litigation,” but the judge disagreed.

A Mixed Ruling Endorsing 'VXN' Technology

Judge Scriven did, however, allow 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.

Adaire’s lawyer had 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.”

The case appears to be heading toward a jury trial with a yet-uncertain outcome, the TorrentFreak.com report concluded.

A top legal analytics firm released a report last year confirming that just two adult companies — Strike 3 Media and Malibu Holdings — were responsible for the bulk of all copyright litigation in federal courts between 2018 and 2020, with Strike 3 being the plaintiff since then in the overwhelming majority of the cases.

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

FSC Drops Opposition to California Age Verification Bill After Amendments

Free Speech Coalition (FSC) has dropped its formal opposition to California’s age verification bill AB 3080, after an amendment secured through months of discussions with the bill’s author was heard by the Senate Judiciary Committee.

SCOTUS Agrees to Hear Texas Age Verification Challenge

The United States Supreme Court granted on Tuesday the petition for a writ of certiorari in the Free Speech Coalition-led challenge to Texas’ age verification law, agreeing to hear the case in the next term.

Dorcel Group Acquires LifeSelector

Dorcel Group has acquired interactive content company LifeSelector.

Etsy Updates Policy to Ban Sale of Most Adult Pleasure Products, Content

Etsy will ban sales of most pleasure products and content that depicts sex acts and genitalia starting July 29.

Jamie Page Is LoyalFans' 'Featured Creator' for July

LoyalFans has named Jamie Page as its Featured Creator for July.

Stripper, Adult Businesses Challenge Florida's Under-21 Ban for Adult Entertainment Workers

Strip clubs and other adult entertainment establishments in Florida are challenging the state’s law that prevents them from employing adults between the ages of 18 and 20.

Byborg's Le Shaw Research Institute Teams Up With SWOP Behind Bars

LiveJasmin parent company Byborg Enterprises’ Le Shaw International Sexual Health and Wellness Research Institute has joined forces with U.S.-based sex worker advocacy group SWOP Behind Bars.

AI Erotic Storytelling Platform 'Erota' Launches

Erota, a new AI-powered erotic storytelling platform, has debuted.

Indiana Court Blocks Age Verification Law

A U.S. district court in Indiana has blocked the state's age verification law from taking effect this coming Monday, July 1.

Sex Worker Rights Advocates Speak at UN Criticizing Stigmatizing Report

Several sex worker rights organizations and advocates provided input this week at the United Nations office in Geneva, addressing a recent controversial report by the Human Rights Council’s special rapporteur on violence against women and girls, which made broad claims about sex work and adult content, and also endorsed different forms of criminalization.

Show More