It also relies on the willingness of federal judges to wave through requests for third-party subpoenas without notice to possible defendants. As Lamberth, the D.C. federal judge, observed: Strike 3’s IP-address method is “famously flawed.” He turned down the porn company’s request to subpoena its target’s internet service provider. But Lamberth is in the bare minority of federal judges who have challenged plaintiffs such as Strike 3. Federal judges are also amenable to allowing defendants to respond to copyright cases anonymously, as “John Does,” reducing the leverage porn plaintiffs gain from the threat of public exposure. The volume of Strike 3 cases has increased every year — from 1,932 in 2021 to 2,879 last year and 3,311 this year.

Source: Los Angeles Times December 12, 2023 12:16 UTC