Strike 3 Wins Another Legal Victory to Unmask Alleged Content Pirates

Strike 3 Wins Another Legal Victory to Unmask Alleged Content Pirates

TRENTON, N.J. — The U.S. District Court for New Jersey ruled earlier this month that Strike 3 Holdings — the copyright holder for the Vixen Media Group brands — may be granted discovery to establish the identity of a person behind an IP address that the company alleges has been pirating its content and distributing it via torrents.

U.S. Magistrate Judge for the District of New Jersey Marsh A. King granted Strike 3 leave to serve pre-Rule 26(f) conference discovery, legal news site JD Supra reported yesterday.

According to the legal site, the judge “recognizes there’s good cause for the Internet Service Provider (ISP) [Comcast] to provide the identity of the alleged infringer through expedited discovery, but won’t let the public ‘peek behind the curtain.’”

Parties, JD Supra explained, are “generally barred from seeking discovery before the Rule 26(f) conference occurs,” but courts can grant leave to provide expedited discovery “upon a showing of ‘good cause.’”

Magistrate Judge Sharon A. King agreed that Strike 3 could show “good cause.”

In the interest of protecting the defendant's privacy, however, Comcast was required “to first serve a copy of the Order and Subpoena on the IP address owner, which then had 30 days to file a motion to quash, move for a protective order or seek other relief.”

The defendant will also have the option of being identified publicly only as “John Doe” if the case moves forward.

This is one in a series of recent wins by Strike 3, after a period in which the company's main lawyer, Lincoln Bandlaw, was sharply criticized by some judges for his legal strategy of subpoenaing ISPs for customer information.

As XBIZ reported, a top legal analytics firm released a report in June 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.

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

European Industry Initiative Open Mind AI Asks EU to Be Included in AI Legislation Debate

New European industry initiative Open Mind AI penned a letter asking EU authorities to include adult companies and creators in ongoing discussions on setting up a legal framework for AI content.

Canadian Law Professor: Proposed Age Verification Bill 'Will Make Things Worse'

Leading Canadian newspaper The Globe and Mail this week published an op-ed written by a legal scholar outlining fundamental issues with the Conservative-backed age verification bill currently making its way through Parliament.

UK Labour Government Confirms it Will Continue Baroness-Led 'Porn Review'

The U.K. Labour government of Prime Minister Keir Starmer has confirmed it will continue the controversial full review of British pornography laws ordered by former Tory Prime Minister Rishi Sunak in July 2023.

AEBN Publishes Popular Searches for July and August

AEBN has released the top search terms for the months of July and August from its straight and gay theaters in all 50 states and the District of Columbia.

SWR Data Survey Probes Concerns About Political Attacks on Industry

SWR Data, an adult-sector market research firm led by industry veterans Mike Stabile and MelRose Michaels, has released data from its upcoming 2024 State of the Creator report, illustrating creators’ concerns about political attacks on the industry.

FSC Urges SCOTUS to Strike Down 'Unconstitutional' Texas Age Verification Law

The Free Speech Coalition (FSC) urged the U.S. Supreme Court through a brief filed Monday to strike down Texas’ age verification law as unconstitutional.

Japanese Manga Industry Hit by Credit Card Companies' Anti-Porn Restrictions

Japanese manga retailers are reporting pressure from multinational credit card companies — many based in the U.S. and targeted by anti-porn religious conservatives — to censor their content if they wish to maintain their current payment processing arrangements.

Netherlands Government Continues Porn Probe Following Abuse Allegations

The Dutch government plans to continue investigating the local porn industry in the Netherlands, following a series of abuse allegations involving photographer and self-styled “model scout” Daniël van der W.

Clips4Sale Releases '20 Years of Fetish' Data Survey

Clips4Sale (C4S) has released a report based on 20 years of data and analysis to show how kink and fetish tastes have changed since the site began.

Grooby, Yanks Ink Website Management Deal

Grooby will begin managing Yanks.com under a new company, Blue.xxx.

Show More