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Strike 3 Ramps Up Copyright Infringement Lawsuits Strategy

Strike 3 Ramps Up Copyright Infringement Lawsuits Strategy

LOS ANGELES — Strike 3 Holdings, the copyright holder for the Vixen Media Group brands, filed more than 430 new infringement federal lawsuits against unidentified downloaders in October.

The Law.com Litigation Radar section described the strategy as “an onslaught.”

“While infringement suits by Strike 3 are fairly routine,” Law.com explained, “last month’s volume sticks out at 56% higher than the typical monthly average, and the company is currently on pace to surpass the 3,000 cases which it filed in 2022.”

The suits, the report added, are backed by several firms including the Atkin Firm, the Beik Law Firm and the James Law Firm.

Strike 3 has for years been the subject of much fascination in the legal world for not backing down from its lawsuit-heavy strategy, even after previous practitioners have been rebuked by judges.

A top legal analytics firm released a report in June 2022 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.

Last year, legal analysis news site Law360 profiled Strike 3’s IP strategy as a success story.

Although Law360 noted that “several adverse court rulings have dismantled controversial business models that center on filing a high volume of infringement suits accusing internet users of downloading copyright-protected pornographic movies,” the legal gambit had proven profitable for the company.

The Law360 article describes Strike 3’s strategy this way: “After targeting anonymous Internet Protocol addresses, the plaintiffs use the suits to file ex parte subpoenas to demand internet service providers turn over information to identify the subscribers attached to the addresses. Armed with that information, the plaintiffs then pursue the defendants, who often pay small amounts to settle because they are too embarrassed to fight the allegations or don’t want the expense of hiring an attorney.”

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