Strike 3 Holdings CRUSHES John Doe Defendant's "due process" counterclaim
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In this episode of "COURT SHORTS", Attorney Steve® Copyright Defense lawyer, discusses a case where a "John Doe" Defendant tried to file a counterclaim for a "due process" violation. Judge Terry Hatter, JR. was not going for it.
DUE PROCESS RIGHTS MUST BE PROTECTED
In a recent case, Strike 3 Holdings LLC v. Doe, Judge Hatter of the Central District of California ruled that the plaintiff's due process rights had been violated. Strike 3 Holdings is a copyright holder that sends "takedown" notices to internet service providers (ISPs), demanding that they remove infringing content. In this case, the plaintiff's ISP forwarded one of these notices to him, but Strike 3 failed to give the plaintiff an opportunity to respond before sending a second notice. As a result, the plaintiff's ISP cut off his internet service. Judge Hatter found that this was a violation of the plaintiff's due process rights, and he ordered Strike 3 to pay damages. This case highlights the importance of giving individuals an opportunity to respond to accusations before taking any adverse action against them.
CONTACT A STRIKE 3 COPYRIGHT INFRINGEMENT DEFENSE LAW FIRM
Call us at (877) 276-5084 if you receive a subpoena from your ISP in regard to a BitTorrent file-sharing adult movie case. We have settled millions of dollars in claims and helped hundreds of clients.
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