BitTorrent Subpoena & Lawsuit Defense – Defending victims of BitTorrent and other File-Sharing Lawsuits

January 14, 2025 by Leonard J. French

Understanding Strike 3 Holdings, LLC Lawsuits: What You Need to Know

As an experienced copyright attorney, I have been defending clients against Strike 3 Holdings, LLC, lawsuits since their inception. Strike 3 is the world’s largest copyright troll, filing lawsuits en-masse, and aggressively pursuing claims of copyright infringement, targeting individuals they believe have downloaded their adult films through BitTorrent.

Who is Strike 3 Holdings, LLC and why are they sending these notices?

Strike 3 Holdings, LLC is an adult film company creating titles under their several brands: Blacked, Tushy and Vixen (and now Holed). They developed their own proprietary technology called “VXN Scan” to track IP addresses that are allegedly involved in downloading or sharing their copyrighted material via BitTorrent, a peer-to-peer protocol for online file-sharing.

When they identify an IP address linked to such activity, they store this information until a defendant accumulates a minimum of 24 downloads or claims, at which point they will file a lawsuit against an anonymous “John Doe” defendant in federal court. Their next step is to obtain a court order that compels the defendant’s Internet Service Provider (ISP) to disclose the identity of the account holder associated with the IP address. This is where you might receive a notice. If no action is taken, Strike 3 Holdings, LLC will acquire the identity of the account holder and through their research will try and identify a member of the household to name in the lawsuit. This does not have to be the account holder themselves.

What do these notices mean?

If you’ve received a letter from your ISP referencing Strike 3 Holdings, LLC, it’s likely because your ISP has been subpoenaed to provide your personal information to Strike 3. These letters are not direct accusations but rather notifications that legal action has been initiated and your identity is being sought. Here are key terms and concepts explained:

John Doe Defendant: Since Strike 3 doesn’t initially know who the alleged infringer is, they file the lawsuit against a “John Doe” tied to an IP address.
Subpoena: The legal document compelling the ISP to provide identifying information, such as your name and address, unless you file (and win) a motion to challenge it.
Motion to Quash: A formal request to the court to block the subpoena and prevent your information from being disclosed.
Peer-to-Peer (P2P) Network: A decentralized network, like BitTorrent, where users share files directly with other computers connected to the internet. Strike 3 alleges that their films were illegally shared on such networks.

The legal process in Strike 3 Holdings Lawsuits

Detection of Alleged Infringement: Strike 3’s software identifies an IP address linked to the downloading or sharing of their content.
Filing of the Lawsuit: Strike 3 files a lawsuit in federal court, listing the defendant as “John Doe.”
Issuance of a Subpoena: Strike 3 requests a court order requiring the ISP to disclose the subscriber’s identity.
Notification by ISP: The ISP sends you a notice about the subpoena, often including deadlines to object.
Disclosure or Challenge: If you don’t act, your ISP may disclose your information to Strike 3.
Litigation: If your information is disclosed, Strike 3 Holdings, LLC may name you, or a member of your household, on the Lawsuit and will seek legal actions against the infringements.

What are the potential legal consequences?

Strike 3 typically pushes its cases into litigation without making monetary demands. It’s up to you to seek a lawyer to represent you and help you get the best outcome.

Failing to respond or resolve the matter could lead to:

A Lawsuit Naming You as the Defendant: Once identified, you could be formally named in the lawsuit. Leading to a possible expensive litigation if no action is taken promptly.
Default Judgment: Ignoring the lawsuit can result in a default judgment, meaning the court awards Strike 3 the damages they request without your defense.

What should you do if you receive a notice?

Don’t Ignore It: Taking no action can make matters worse.
Understand the Deadlines: The notice will specify deadlines for when the ISP will release your identity to Strike 3 Holdings, LLC.
Consult an Experienced Attorney: A knowledgeable attorney can:
- Evaluate the validity of the claims.
- Assert your innocence
- Negotiate a settlement or defend you in court.

Aren’t Attorneys Expensive?

It’s true that legal representation can be expensive. I offer a free 30-60 minute consultation to go over your case and options. I also get to know you and will tailor my representation to your needs as best as I can. If I can’t represent you, I’ll tell you up front and recommend the best course of action I can. If I can refer you to another attorney who may more appropriate to represent you, I will.

What to Do

If you’ve received a copyright infringement notice from Strike 3 Holdings, LLC, know that you are not alone and help is available. Take action quickly by contacting myself for a free consultation tailored to your personal circumstances and use me as a resource to ask all your questions and explore the legal strategies available to you.

I can be reached directly at 610-466-5644 by voice or text. My email address is ljfrench@torrentdefense.com. Contact me any time, day or night, and I’ll do my best to answer or get back to you promptly.

— Leonard French, Esq.

January 8, 2025 by Leonard J. French

What to Do If You’ve Received a Copyright Infringement Notice from Strike 3 Holdings

Receiving an infringement notice from Strike 3 Holdings can be intimidating and stressful. As an experienced lawyer in copyright I have dealt with many of these cases. I have guided many clients in these cases to get the best outcome, and with my co-councel even took Strike 3 Holdings to the eve of a jury trial to protect my innocent Strike 3 victim.

Let me share some of my insights to help you navigate this situation and what steps to take to protect your rights.

Step 1: Understanding your letter from the internet service provider (ISP).

Strike 3 holdings is one of the only copyright plaintiffs to file lawsuits en-masse against alleged online file-sharing. They forego the sending of warning letters or takedown notices. Instead they wait for the potential defendant to accumulate at least 24 infringements before filing a lawsuit.

The letter you have received informs you that they believe your IP address was involved in the downloading of their copyrighted material by using BitTorrent. This notice is accompanied by a court-ordered subpoena compelling your ISP to disclose the identity of the subscriber.

In the letter sent by your ISP you can find some key information that you will need for your consultation with me, in which we can discuss the options available to you.

Case Number: This connects you with a specific lawsuit currently filed against a “John Doe” defendant. With this I can look up your case and find specific details about the alleged infringements.
Deadline for your ISP: There will be a deadline given by the court to your ISP, at this date they will reveal your identity to Strike 3 Holdings, LLC.
Details of the case: Your ISP might include a package with the details of the infringements, such as the Copyright Registration numbers of the Movies allegedly downloaded and the dates and times this alleged infringement has taken place. If your ISP did not include this, I can provide this to you through your Case Number.

Step 2: Consult an Experience Attorney.

While these lawsuits are filled en-masse, each case is different based on your situation. The best way to plan a legal strategy against these Lawsuits is by contacting an experienced Attorney who understands their playbook and can help guide you through this process to give you the best possible outcome. This is where I come in.

Here is how I can help you:

Evaluate your situation: We will take a look at the alleged infringements and evaluate if you or anyone in your household are responsible for these claims.
Planning a legal strategy: Based on the information you provided we will come up with a legal strategy. I can assert your innocence against Strike 3 Holdings, LCC or negotiate a settlement with them. I have developed effective strategies for dealing with these lawsuits.
Negotiate Settlements: I will fight to negotiate a fair and confidential settlement on your behalf, in which I will take into consideration your financial abilities towards paying these settlements. Every step taken will be discussed with yourself.

Together we will choose the right response for your situation.

Step 3: Preserve evidence and protect yourself.

The letter from the ISP acts as a notice to the lawsuit. Therefore you need to ensure that you do not delete or modify anything related to your internet activity or devices you have. Courts take spoliation of evidence very seriously and if your case ends up in litigation this could harm your case. However, step you can take now is changing your Wi-Fi password and only giving out the new password to people you trust and ensuring they will not use your internet to download Strike 3 holdings, LLC content through BitTorrent.

What to do