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

CAM4 Debuts Weekly 'Skyy Knox's CAM Crawl' Livestream

CAM4 is launching "Skyy Knox’s CAM Crawl," a new livestream running every Sunday at 3 p.m. PDT.

Texas Judge Pauses AG Ken Paxton's Aylo Lawsuit Until SCOTUS Decision

A Texas district judge granted a request Wednesday to pause proceedings in the lawsuit filed by Attorney General Ken Paxton against Aylo over its implementation of Texas’ controversial age verification requirements for Pornhub, pending the outcome of the Free Speech Coalition-led lawsuit against Paxton, which will be heard by the Supreme Court during the next term.

Author of UN Report Recommending Worldwide Criminalization of Sex Work, Porn to Speak at NCOSE Summit

Jordanian activist Reem Alsalem, a special rapporteur on violence against women and girls at the United Nations Human Rights Council who recently issued a controversial report recommending that governments abolish all forms of sex work, including porn, will speak at anti-porn lobby NCOSE’s 2024 summit in August.

Spicey AI Voice Chat Platform Launches

Spicey AI, a platform that uses artificial intelligence to create interactive voice messages from chatbots based on adult performers, has launched.

Derek Hay Sentencing Hearing: Performers Give Impact Statements

The first day of the sentencing hearing for LA Direct Models’ Derek Hay, who pleaded guilty in May to one charge of conspiracy to commit pandering and a charge of perjury, took place in Los Angeles Wednesday.

Utherverse to Host 8th Annual VirtualCon in September

Virtual reality and metaverse technology company Utherverse will hold the eighth edition of its annual virtual conference, VirtualCon, from Sept. 26-28.

Pornhub Shuts Down Access in Nebraska Over Age Verification

Aylo began blocking access to Pornhub in Nebraska on Monday, in anticipation of the state’s new age verification law — one of many such bills promoted by religious conservatives around the country — which is scheduled to go into effect Thursday.

FeelMe AI Launches 3 New Subscription Tiers

FeelMe AI has launched three new subscription levels, allowing users to connect compatible Kiiroo sex toys to their videos for interactive solo play.

CamSoda Launches AI Girlfriend Builder

CamSoda has debuted a personalized "AI girlfriend" feature, which allows users to create their very own virtual companion at no charge, including free NSFW role-play and chat.

Free Speech Organization Comes Out in Support of Wisconsin Professor Who Posted on OnlyFans

After a University of Wisconsin-La Crosse faculty tribunal recommended stripping veteran professor of communications Joe Gow of tenure last week due to Gow having unremorsefully created and appeared in adult content, a major free speech organization has come out in his support.

Show More