Copyright-trolling outfit Strike 3 has its hands full with a retired police officer. The man, who denies pirating anything, is pursuing a counterclaim for abuse of process and wants to see the tracking software's source code. Strike 3, meanwhile, suspects that the man's son is the infringer and says it may have a "smoking gun."
Strike 3 Holdings, one of the most active copyright trolls in the United States, has filed cases against thousands of alleged BitTorrent pirates in recent years. While many of the defendants may indeed be guilty, quite a few of the accused Internet subscribers have done nothing wrong. This is also what a John Doe, known by the IP-address 220.127.116.11, has repeatedly argued before a federal court in Seattle, Washington. The defendant in question was sued by Strike 3 Holdings late 2017. In common with other defendants, the man was offered a settlement to let the case go, but instead, he went on the offensive. As it turns out, the adult company picked a fight with a 70+-year-old retired police officer, who lawyered up to fight back.
The retired police officer, for example, has asked for a copy of the source code of Strike 3’s BitTorrent tracking software IPP. The court granted this request in part and allowed the defendant to issue a subpoena requesting a copy of the software’s source code. Thus far, however, that hasn’t happened. This week the defendant, therefore, submitted a second motion, requesting a copy of the code. Or if that’s not an option, the court should exclude any evidence that’s based on it. “It is not Doe’s burden to prove the software is forensically sound. That is Strike 3’s burden. At this point, Strike 3 is playing ‘hide the ball’. If Strike 3 does not comply with the Subpoena, then the IPP Code and any data relying upon it should be excluded as unreliable,”