Malibu Media lawsuits paved the way for Strike 3 Holdings subpoenas.
In March of this year I suggested that the movie and music industry (MPAA / RIAA) used the porn industry to make way for the legitimacy of bittorrent-based copyright infringement cases we see legitimized today in a growing number of federal courts. Strike 3 Holdings, LLC is the most recent beneficiary of the path forged by Malibu Media LLC with their John Doe lawsuits filed against accused downloaders of their “Tushy.com [NSFW],” “Vixen.com [NSFW],” and “Blacked.com [NSFW]” popular adult themed videos and websites.
It is my opinion that Strike 3 Holdings LLC owes what will be their success to the Malibu Media LLC lawsuits. Malibu Media LLC, once seen as a roach of a company preying on its customers through its 6,000+ lawsuits filed nationwide now enjoys free reign in the federal courts, as will Strike 3 Holdings and the judges who blush at the adult themes they carry.
I expect that judges will rubber-stamp and approve Strike 3 Holdings ISP subpoenas just as they have been approving Malibu Media subpoena requests, knowing that they too will proceed on the merits of the lawsuit if their accused defendant does not settle the claims against him.
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Will the judges be as cooperative with Strike 3 Holdings lawsuits, and my idea about why.
[My personal wonder when sitting in court and looking at a judge keep a straight face when discussing the Malibu Media / X-Art.com cases is whether they themselves have watched these videos. The clerks and the court reporters are typically louder about them, but the judge that signs the order allowing discovery of defendants — is he doing so because he believes even pornographic films deserve copyright protection? Or is he hiding the fact that he has seen these videos himself? I further wonder whether the judges who adjudicate the “Tushy or Vixen” adult film movie lawsuits will be able to do so with similar stoic silence, as “Tushy” “Blacked” and “Vixen” videos have a viewership that makes Colette Pelissier’s Malibu Media / X-Art brand look like K-Mart in the shadow of Target.]
[CONTACT AN ATTORNEY: If you have a question for an attorney about either Strike 3 Holdings, LLC cases or Malibu Media, LLC cases and options on how to proceed (even specifically for your case), you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your Strike 3 Holdings or Malibu Media case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number)].
Did you possibly connect Malibu Media and Strike 3 Holdings as being the same entity?
I wouldn’t be the first to suspect that perhaps the same people behind the Malibu Media, LLC lawsuits are the same as the people who are behind the upcoming Strike 3 Holdings LLC Tushy lawsuits, especially with the common thread between each of them being the Guardaley company each of them use to track the bittorrent networks to find victims for their next John Doe lawsuit.
Also unlike the recent movie lawsuits BUT EXACTLY LIKE MALIBU MEDIA CASES, it appears as if Strike Three Holdings cases sue for the copyright infringement of one adult film movie, however, when an accused defendant attempts to settle the claims against him, he is also asked to settle a list of titles he also downloaded.
While I could be wrong, although the two are similar in style and flare both in marketing techniques, lawsuit “troll” tactics, I understand from basic research that the Malibu Media, LLC lawsuits and the coming “Tushy” Strike 3 Holdings lawsuits are owned, operated, and run by very different people. However, I wouldn’t be surprised for an instant to learn that Strike Three Holdings lawsuits learned EXACTLY how to run their lawsuits by mirroring the Malibu Media lawsuits. To be more direct, I wouldn’t be surprised to learn that Colette Pelissier and Brigham Field personally taught, mentored, and is possibly directly benefiting from Strike Three Holdings’ settlement tactics.
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Perhaps an investigation of where each is incorporated can shed some light.
While the people behind the Malibu Media, LLC lawsuits are real estate brokers who live in lavish, overpriced homes (in which they have been observed illegally filming their content in violation of the local laws), Strike 3 Holdings LLC trademark registrations all point to a 2140 S. Dupont Hwy, Camden, Deleware address (right next to the Rite Aid, the Venetian Jewelers store, an Este Pharma skin care clinic, and two business development companies — Parasec Inc., SeoSamba, and Patton Vision).
However… no Strike 3 Holdings, LLC business presence or trace thereof.
You know, after writing this, it occurred to me that the tax-sheltered Deleware address Strike 3 Holdings is using is FAKE, or that their lawyer, Anna Marie Vradenburgh of Thousand Oaks, CA rented them a mailbox on the corner of S. Dupont Highway and E. Camden Wyoming Ave. so that they can claim that their corporate entity is located in Deleware.
You might also notice that Strike Three Holdings LLC’s lawyer is in California and Malibu Media, LLC is in… California (not Deleware). Why would a Deleware company hire an obscure California attorney to file their corporate papers and trademark filings for them, unless perhaps the Deleware address is a fake? [Look at the Google Map and ask yourself if you see Strike 3 Holdings, LLC].
*UPDATE* Lawsuits now filed in DC
In sum, the Strike 3 Holdings LLC lawsuits are just beginning to warm up. And, while there are similarities between the adult film brands claimed in the Malibu Media lawsuits and the Strike 3 Holdings lawsuits, they appear to be different entities headed by different people (although you must admit that similarities are suspect). Hopefully they act differently too in the lawsuits as to how they treat their own attorneys and their cases.
Strike 3 Holdings have even now started filing single John Doe lawsuits as well.
*New Cases* filed in the US District Court for the District of Columbia:
Strike 3 Holdings, LLC v. DOE (Case No. 1:17-cv-02338, Case No. 1:17-cv-02344, 1:17-cv-02345, 1:17-cv-02346, 1:17-cv-02347, 1:17-cv-02342)
What I don’t like about each of these movie (or here, “adult film”) cases is the slick non-transparency between who the copyright holder is, who is actually the party filing the lawsuit, and who the interested parties are in the lawsuit. Honestly, historically, the “patent troll” problem was solved by making the distinction between inventors and NON-PRACTICING ENTITIES (NPEs). I wonder if NPE status should also be applied to copyright trolls as well.
Article(s) Written on the Strike 3 Holdings cases:
“Strike 3 Holdings, LLC (“Blacked, Tushy, Vixen”) Adult Film Lawsuit FAQ,” on 11/5/2017
“Everything you need to know in one page about your Strike 3 Holdings Movie Lawsuit and ISP subpoena,” on 11/5/2017
“Just the Facts — Strike 3 Holdings, LLC,” on 11/5/2017
“Should Copyright Trolls Be Considered Non-Practicing Entity (“NPE”)?,” on 11/15/2017