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

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