What’s A Typical Settlement Amount For Strike 3 Holdings Case? When Antonelli Law negotiates for their clients, the settlement amount will vary greatly and will depend on several factors. Average settlements can range from under $100/movie to approximately $500/movie.
What to do if you are sued in Strike 3 Holdings LLC?
When sued as a John Doe defendant in a Strike 3 Holdings, LLC lawsuit, the three options are to 1) file a motion to quash (or decide why it is a good idea not to file a motion to quash ), 2) settle the claims against you, or 3) fight the claims in court through litigation. Who are the attorneys behind the Strike 3 Holdings, LLC lawsuits?
What happened to strike 3 holdings?
Strike 3 Holdings ended up being required to compensate the defendant for his attorney’s fees and costs in that matter. The language used by the court should be of particular interest.
Who has the burden of proof in a strike 3 Holdings case?
John Doe (73.225.38.130), the court first noted that Strike 3 Holdings had the burden of proof with respect to infringement. It then determined that Strike 3 Holdings provided no evidence that John Doe in that case copied any of Strike 3 Holdings’ copyrighted motion pictures.
Is Strike 3 a form of extortion?
As a federal judge in the District of Columbia once wrote in a Strike 3 Holdings case, “Strike 3 floods this courthouse (and others around the country) with lawsuits smacking of extortion. It treats this court not as a citadel of justice, but as an ATM.”
How do you settle with Strike 3 Holdings?
Five Steps for Settling a Strike 3 Holdings lawsuitRetain all copies of documents received.Contact a Strike 3 Holdings lawsuit defense attorney.Allow them to negotiate a settlement with Strike 3 Holdings.Finalize the agreement.Pay your settlement.
Who is Malibu media?
Who is Malibu Media? Malibu Media LLC is an adult movie company that produces films featured on the pornagraphic website X-Art.com. The company has spent years suing people for copyright infringement, alleging the defendants downloaded its films via peer-to-peer file sharing software such as BitTorrent.
Who owns Malibu media?
We've written a bunch of stories about Malibu Media, a copyright trolling operation. The company's founders, Colette Pelissier and Brigham Feld, like to claim that they're purveyors of “classy” pornography under the X-Art brand, but their business seems almost entirely focused on trolling practices.
Is Malibu copyrighted?
Some of them have titles that are far more lewd and embarrassing than the titles of Malibu's own movies. But Malibu doesn't own the copyright in those other movies, and can't actually sue over them.
How much will it cost to settle with Strike 3 Holdings? Should I settle with Strike 3 Holdings?
These are extremely common questions from defendants that have discovered they are being sued by Strike 3 Holdings. You are not alone; Strike 3 Holdings has sued thousands of defendants across the United States over the past few years.
Settling with Strike 3 Holdings
There are several reasons that people choose to settle their Strike 3 Holdings case.
Is settling right for me? What is the typical Strike 3 Holdings settlement amount?
Typically, Strike 3 Holdings requests roughly $750 per movie downloaded, however, the maximum amount requested by Strike 3 tends to be about $50,000. When we represent you, we take a look at your case from every angle and then aggressively negotiate on your behalf.
Introduction
Many of my internet file sharing John Doe defendant clients ask me “how much will it cost me to settle the case?” Usually we cannot answer this question directly as there are a lot of possibilities and factors that get taken into account.
Potential damages in a Strike 3 Holdings Lawsuit or Malibu Media case
One of the main cases that might be cited to a movie downloader (or even in a photo, font, jewelry or software infringement case), is the Tashiro case where a damage award amounted to $240,850 (21k damages award + 199k in attorney fees). The case is Malibu Media v. Tashiro .
Settlement Factors in Copyright Infringement Cases
Here is a video I did that discusses some of the financial factors to be considered (in addition to the factors named above).
Who are the attorneys for Strike 3?
The attorneys behind the Strike 3 Holdings, LLC lawsuits are Lincoln Bandlow and John Atkin.
How to speak to an attorney about Strike 3?
Lastly, please feel free to e-mail me at info [at] cashmanlawfirm.com, or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.
HOW ARE THEY SUING?
THEY FILE A COPYRIGHT INFRINGEMENT LAWSUIT IN FEDERAL COURT AGAINST ONE UNKNOWN “JOHN DOE” DEFENDANT WITH ONE ACCUSED IP ADDRESSES. TRACKING OF THE DEFENDANT OFTEN TOOK PLACE FOR MONTHS OR YEARS BEFORE THE LAWSUIT WAS FILED. JUDGE ALLOWS THEM TO SEND A SUBPOENA TO THE ACCUSED DEFENDANT’S ISP FORCING IT TO PROVIDE THEM THE ACCUSED “JOHN DOE” DEFENDANT’S CONTACT INFORMATION (AND OTHER RELEVANT INFORMATION).
What to do when sued by John Doe?
When sued as a John Doe defendant in a Strike 3 Holdings, LLC lawsuit, the three options are to 1) file a motion to quash (or decide why it is a good idea not to file a motion to quash ), 2) settle the claims against you, or 3) fight the claims in court through litigation.
How far does strike 3 go?
How far Strike 3 Holdings is willing to go depends on which federal court the case is filed in. It depends on the proclivities of the plaintiff attorney, and whether he is willing to name and serve each defendant. It also depends on whether the Strike 3 Holdings, LLC local counsel is willing or able to conduct discovery to determine whether the accused defendant actually downloaded their copyrighted videos.
What does "no settlement" mean?
NOTE: A “NO SETTLEMENT LETTER” IS A DISCOUNTED MEANS OF INFORMING THE PLAINTIFF ATTORNEY THAT NO SETTLEMENT PAYMENT WILL BE MADE, AND THAT HIS CHOICE IS EITHER TO NAME AND SERVE THE DEFENDANT OR LEAVE HIM BE. BECAUSE THIS IS A DISCOUNTED “BAREBONES” STRATEGY, NO FURTHER COMMUNICATION WILL BE MADE WITH THE PLAINTIFF ATTORNEY.
What is the purpose of the strike 3 subpoena?
After filing the copyright infringement lawsuit in a federal court, Strike 3 Holdings, LLC asks the federal judge to allow them to send a subpoena to the accused defendant’s ISP. The subpoena forces the ISP to prove them the accused defendant’s contact information and other relevant information.
INTRODUCTION – WHY THESE STRIKE 3 HOLDINGS LAWSUITS WILL NEVER END
I used to wonder whether copyright infringement lawsuits like the thousands of Strike 3 Holdings lawsuits filed each year (or the hundreds each month) would ever stop.
Enlisting the help of politicians and federal judges
In sum, until some politician gets involved and stops these bittorrent-based copyright infringement lawsuits (or, call them “piracy” lawsuits or whatever), these lawsuits will continue because it is too profitable for the copyright holder to file these lawsuit and solicit settlements in return for not proceeding with litigation and eventually trial..
IN CONCLUSION
Obviously I would like to see these bittorrent-based copyright infringement “John Doe Subscriber” lawsuits disappear overnight. But the reality is that they are here to stay because there will always be an endless supply of potential defendants to sue for copyright infringement.
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DISCLAIMER
The contents of this web site are for information purposes only. Nothing here is to be construed as legal advice or a solicitation for legal representation. If you have any questions, contact an attorney competent in the area of law in which you seek assistance.
What is strike 3 holdings?
Strike 3 Holdings’ general tactic is to initiate what is called a Complaint in Equity for a Pure Bill of Discovery . This type of Complaint is often brought in the county court in and for Miami-Dade County, Florida. Strike 3 Holdings, at this stage, is only seeking to determine the name and address of individuals attached to an IP address that it has identified as allegedly infringing upon Strike 3 Holdings’ copyrighted content, with the stated intention of subsequently filing a copyright infringement action against those who are identified as the infringers .
Who copied the motion picture in Strike 3?
John Doe (73.225.38.130), the court first noted that Strike 3 Holdings had the burden of proof with respect to infringement. It then determined that Strike 3 Holdings provided no evidence that John Doe in that case copied any of Strike 3 Holdings’ copyrighted motion pictures. A footnote found in one of the court’s orders is especially insightful.
Is Strike 3 a copyright troll?
Strike 3 Holdings, LLC, which has gained a reputation as being a “copyright troll” due to the number of copyright infringement disputes it is involved in, is an adult film producer for movies under brand names such as Blacked, Tushy, and Vixen.
How long do you have to respond to a strike 3 lawsuit?
Typically, if you have received a letter from your ISP that they have been subpoenaed for your information, the letter will indicate how long you have to respond before they surrender those details. Bottom line: The sooner you respond, the better.
How can a plaintiff get more money?
The plaintiff can go online and try to uncover all kinds of information about you. This includes how much money you are worth. For example, if an internet or social media search shows that you own a home, own one or more cars, or live in an upper-class neighborhood, this can make the lawsuit more worthwhile. In turn, it will increase the amount of money that the plaintiff will want to settle for.
Can Strike 3 get your IP address?
Yes! Strike 3 has the legal right to obtain a person’s identity from his/her ISP, and will likely succeed in doing so unless an attorney settles the case out of court on your behalf before it can get to that point. In such a case, all Strike 3 will know is your IP address, but not who you are or anything about your financial situation.
Introduction
Potential Damages in A Strike 3 Holdings Lawsuit Or Malibu Media Case
- One of the main cases that might be cited to a movie downloader (or even in a photo, font, jewelry or software infringement case), is the Tashiro case where a damage award amounted to $240,850 (21k damages award + 199k in attorney fees). The case is Malibu Media v. Tashiro. This case involved four attorneys working on the case for the Plaintiff. Wh...
Watch Attorney Steve® Explain Copyright Infringement Penalties
Other Cases – $750 Per Infringement as Statutory Minimum
- Many times a settlement offer may come back from Plaintiff counsel (many times the Bandlow Law Firm out of California) at $750 per movie. There is a reason for this. Here are some other cases discussing fee awards in copyright infringement cases including music infringement. 1. Malibu Media, LLC v. Funderburg, 2015 (N.D.Ill. April 24, 2015) (Court awarded $750 per violatio…
Other Cases –
- When warranted, Courts have also awarded an amount higher than the minimum statutory damages of $750 for each copyrighted work infringed. For example, see: Malibu Media, LLC v. Goodrich (D.Colo. Dec.18 2013) ($2,250 per violation, for a total award of $36,000 in statutory damages); Malibu Media, LLC v. Brenneman, 2013 WL 6560387, (N.D.Ind. Dec.13, 2013) ($1,500 …
Settlement Factors in Copyright Infringement Cases
- Here is a video I did that discusses some of the financial factors to be considered (in addition to the factors named above). VIDEO: Click on the image above to watch this important video. Make sure to SUBSCRIBE to our popular legal Youtube Channel with over 2.5 million video views and over 20,200 subscribers
Contact A Torrent [Peer-To-Peer] Internet File-Sharing Lawyer
- Our law firm has helped many clients accused of illegal movie downloading and file sharing on the internet. We can help with legal demand letters, cease and desist, DMCA takedowns on Youtube, Fair Use Defense, and cases with Strike 3 Holdings, LLC and Malibu Media. We are the leading Strike 3 Holdings, LLC defense law firm in California in terms of federal lawsuits filed. We know t…