Strike 3 Wins $108K Judgment Against Alleged Downloader

Strike 3 Wins $108K Judgment Against Alleged Downloader

NEW YORK — A New York court granted a default judgment for over $108,000 in favor of Strike 3 Media against a local man accused of illegally downloading videos from their Vixen Media Group studios. 

The 68-year old Long Island man had been served, but he didn’t answer the complaint and Senior District Judge Denis R. Hurley issued an order for a default judgement of $108,750 in statutory damages (plus $400 in fees and costs) in November 2020, which was confirmed last month and reported this week.

Strike 3 filed the original complaint in September 2018 and was eventually granted their discovery motion to identify the subscriber name behind the IP address unveiled by their research.

“In the U.S. the vast majority of these cases are filed by Strike 3 Holdings,” reported Ernesto van der Sar for the torrent news site Torrentfreak. “The company produces adult entertainment videos that are made available via the Blacked, Tushy and Vixen websites. When these videos leak and are shared on pirate sites, Strike 3 takes action.”

What makes this case significant is that it identifies the defendant by name. As XBIZ has reported, many jurisdictions have been hesitant to grant the Strike 3 legal team the power to subpoena ISPs for subscriber information, or else, when they have granted it, to allow them to publicize the defendants’ names or other identifying details.

Another distinct feature of this case is that Strike 3 “monitored other activity that was linked to ‘interests’ from the defendant’s public social media profile,” explained Torrentfreak, in order to build a stronger case against him.

For example, the complaint mentions that the defendant “works in the engineering industry, has an interest in science, and likes the TV show 'Myth Busters.' This matches with the download history, which includes 'Myth Busters' downloads as well as engineering, astronomy and chemistry e-books.”

The accused man does not appear to have responded to the summons and public information shows him to be very likely judgment-proof, lacking the means to cover the six-figure judgement and resulting in what is informally known in legal parlance as “a dry hole” with little chance for the plaintiffs to collect.

Strike 3 Copyright Lawsuit Order

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

MojoHost Releases Statement on the Future of Adult

In the wake of Tuesday's election and amid concerns about the possible ramifications for the adult industry, MojoHost President Brad Mitchell has releases a statement addressing Project 2025 and the future of the industy.

Adult Web Hosting Service 'Midnight-Host' Launches

Midnight-Host, a new web hosting service designed specifically for adult websites, has launched.

ASN Lifestyle Magazine Joins Pineapple Support as Media Sponsor

ASN Lifestyle Magazine has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support, partnering with the organization as a media sponsor.

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Fetisfy Online Fetish Marketplace Launches

Fetisfy.com, an online marketplace for users to sell fetish items, has launched.

Pineapple Support Launches 'Spill the Tea, Colombia' Community Support Event Series

Pineapple Support has launched "Spill the Tea, Colombia," a monthly, in-person community support event for adult industry professionals.

Streamster Launches 'Tip2Peep' Camera-Switching Feature

Live-streaming software provider Streamster has launched Tip2Peep, a new feature that allows viewers to switch between multiple webcam viewing angles by tipping the creator.

Tyler Wu Guests on Chaturbate's 'Sex Tales' Podcast

Tyler Wu is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall on the company’s “Camming Life” YouTube channel.

Fleshy to Launch Interactive Cam Site 'Eromote'

Male pleasure brand Fleshy has announced that it will launch an interactive, bidirectional cam site next month called Eromote.

XBIZ LA Show Introduces New 'Crib Crawl' Feature

XBIZ is pleased to announce that the 2025 edition of its flagship conference, the XBIZ Show, will debut a brand-new feature: Crib Crawl, offering attendees the chance to meet and greet representatives from leading brands and organizations in dedicated suites at the host venue.

Show More