Hundreds In NJ Sued For Downloading Smut: Who's In Trouble?

Pornography websites have been going after hundreds of New Jerseyans recently for downloading smut – and they're been making a lot of money off this alleged "copyright trolling," lawyers say. Nearly 200 of those lawsuits are listed by a law firm.

Government employees, teachers, police officers and many others who are required to reveal legal trouble on job applications have been forced to settle rather than risk exposure to their family, friends and potential employers, said Leslie Farber, a Montclair attorney who has represented many defendants in these cases.

"A lot of the peple who call me are terrified of having their name revealed," said Farber. "I've had a couple people who work for the government who don't want their name connected to this. I've had people who are working in the financial industry."

Farber identified two companies in particular that have gone after her New Jersey clients and accused them with illegally downloading porn:

• Strike 3 Holdings LLC, which owns subscription sites such as "Tushy."
• Malibu Media is the other, and Farber says both have been doing it for at least five years.

Farber said she's not even sure all of her clients did anything illegal. But even if they are innocent, they believe settling is the better option than risk exposure.

Farber's revelations came after an nj.com report said the two companies have filed more than 1,000 suits in New Jersey and nearly 10,000 nationwide.

Farber, echoing what was published in the nj.com reort, said the companies go after "porn pirates" and demand damages for as much as $150,000. Then comes the settlement, usually for as much as $20,000, Farber said.

Lincoln Bandlow, a lawyer with Fox Rothschild LLP that handles many of Strike 3 Holdings’ suits, also backed up what was revealed in the nj.com report but defended the company's actions.

Bandlow said the settlement money represents a small fraction of Strike 3's revenues. But he said that illegal downloading is a "massive problem for every content creator" that needs to be addressed.

"This is just a massive theft of everybody's' copyright work," he said. "It's pretty straightforward."

Here's what else Farber and the nj.com reort revealed:

• The companies sue a person as a “John Doe Subscriber” and name the IP address where the downloads allegedly took place.
• People like to download lots of content at one time, or in a small amount of time. More downloads means more lawsuits that the companies file, Farber acknowledged.
• The porn company typically asks a judge to let them subpoena the internet provider – which they're typically allowed to do – to get the subscriber’s name, according to nj.com and Farber.

NJ.com identified one case involving a 23-year-old Morris County man who had lost his job, lived with his parents and was accused of downloading 50 films. The company wanted $10,000 or $15,000, but he was forced into bankruptcy.

Some law firms have gone so far as to advertise on their websites, telling potential defendants that they can rely on their legal expertise to help get them out of the downloading-lawsuit jam.

"Have you received a subpoena letter form your Internet provider?" the Cashman Law Firm LLC announced. "Have you received a copyright abuse or infringement notice."

One lawfirm, Antonelli Law, listed nearly 200 lawsuits in New Jersey filed by Strike 3 Holdings vs. "Doe." You can find those lawsuits here.

We’re America’s most experienced BT copyright defense firm and represent cases nationwide," the law firm says. "Want to Talk to Antonelli Law For Free, Anonymously About Your Questions Right Away? Start Here."

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