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.