You probably found this blog because you received a letter from Comcast, Spectrum, or another Internet Service Provider (ISP) alerting you to a Strike 3 Holdings lawsuit in federal court. Here, we attempt to summarize who Strike 3 Holdings is, what it does, why you received the letter with subpoena, and what options you may want to consider.
Who is Strike 3 Holdings, LLC?
Strike 3 Holdings is a company known for producing adult films under brands like Blacked, Blacked Raw, Slayed, MILFY, Tushy, Tushy Raw, and Vixen. Similar to another company before it called Malibu Media, Strike 3 has gained a reputation for filing large numbers of copyright infringement cases, targeting individuals it believes have unlawfully downloaded or shared its content through BitTorrent networks.
Strike 3 Holding’s films are all pornographic, which may increase the risk of embarrassment for the account holder upon learning of the lawsuits. Such tactics, including the sheer number of lawsuits filed, have earned Strike 3 Holdings the badge of “copyright troll” by many critics.
Strike 3’s Recent Activity
In the federal courts of Florida, within the month of July 2024 alone, Strike 3 Holdings filed 27 new lawsuits, continuing its ongoing aggressive legal strategy, and it shows no indication of slowing down. In federal courts nationwide since about 2018, Strike 3 has filed more than 5,400 lawsuits. This continual surge in filings underscores the importance of taking this matter seriously if you receive one of these letters.
Why is Your IP Address in a Strike 3 Holdings Lawsuit?
If you’ve received a letter from your ISP, it likely means that Strike 3 Holdings has identified your IP address as being involved in copyright infringement. Strike 3 claims to use its own software, known as “VXN Scan,” which it says it developed in 2019, to monitor BitTorrent networks for transactions involving its copyrighted content. (Prior to creating its own software, it partnered with individuals in Germany who had created a similar modified BitTorrent client.)
VXN Scan reportedly works by connecting to BitTorrent swarms and capturing data packets that indicate when an IP address is involved in sharing Strike 3’s films. While Strike 3 portrays this system as reliable, it’s essential to recognize that these claims are part of Strike 3’s narrative in pursuing these lawsuits. The reliability and accuracy of such systems are not above scrutiny, and the fact that an IP address is flagged does not automatically mean that the account holder is liable for copyright infringement.
Furthermore, an IP address alone does not reveal the individual behind the activity but rather reveals the individual whose name is on the Internet account. To uncover the name of that individual to see whose account the Internet is under, Strike 3 files lawsuits against “John Doe” defendants, then subpoenas ISPs to disclose the names and addresses associated with the accounts for those IP addresses. The letter you received informs you that a subpoena has been issued to your ISP, compelling it to disclose your identity to Strike 3 Holdings unless you take legal action to prevent it.
Your Options Moving Forward:
1. Motion to Quash:
The letters from the ISPs usually reference filing a “motion to quash.” This legal term refers to a request to a court to render a previous legal decision (here, the order allowing Strike 3 to serve its subpoena or the subpoena itself) invalid. However, in 99% of cases in Florida, a motion to quash is really a non-option because the federal courts of Florida allow these lawsuits and will almost always rule that Strike 3 Holdings, as a plaintiff, has a right to obtain this information to determine who may have allegedly infringed its copyrights. (While there are a couple of judges who deny Strike 3’s requests to serve a subpoena, when that happens, you’ll never hear about it because your ISP will not be served.) There occasionally also can be rare and unique circumstances where a motion to quash may succeed, but these are very rare exceptions rather than the rule. Strike 3 Holdings, having filed thousands of these lawsuits, has gotten very experienced at what it does and, every time a court enters an order against it, it modifies its tactics slightly to strengthen its offense. Therefore, consulting with an attorney who is experienced in litigating these cases in the federal courts of Florida (such as Attorney Conlin) can help you determine if a motion to quash is a viable option for your specific situation. Also, it is important to be leery of what you read on the Internet, as federal jurisdictions vary and what judges may do in another state will not necessarily apply in Florida.
2. Settle or Resolve the Case:
Strike 3 Holdings often aims to reach a settlement quickly, often before the case progresses to a contested lawsuit. Our office can assist in negotiating settlements for clients who choose this option, with the goal of saving you a costly and public legal battle and ensuring the settlement is fair. Additionally, Strike 3 has stated that it does not pursue defendants who provide substantiated exculpatory evidence or who can prove hardships. If we can help prove such information, we will first enter into a confidentiality agreement with Strike 3 and work to resolve the matter as best as we can in your favor before you are formally served in the lawsuit.
3. Defend the Allegations (or Fight Back):
If you believe you are wrongly accused, you can choose to defend or fight the lawsuit in court. This is where the unique factual circumstances of your matter come into play. These lawsuits are not for one-time downloads, but rather multiple downloads over an extended period of time, so arguments that someone outside with a laptop used your wifi to download the movies or that a weekend visitor did it will likely not fly. Regardless, Attorney Conlin can discuss with you the unique circumstances of your matter to determine if your factual defenses are viable. It’s important to note that even if someone else in your household, not you, did the downloads, the issue will not necessarily go away by pointing a finger at that other person; rather, it will likely simply move the target to that other person (who may be a spouse or a son). Regardless, Attorney Conlin can discuss with you your theories of how the downloads may have occurred to help you determine what to do. While litigation can be time-consuming and costly, in some cases, it may be worth it, especially if the evidence against you is weak
Why you should take the Strike 3 Holdings lawsuit seriously
While you are not required to take any specific action, it is important to consider the potential consequences of inaction. Ignoring the letter or delaying a response could reduce your options and potentially lead to more severe outcomes, including continued litigation, public disclosure of your name in court documents, possible default judgments, and financial penalties. Being proactive and informed can help you navigate this situation more effectively.
Get professional help
Given the complexity and potential ramifications of these cases, it’s beneficial to seek legal counsel with experience in defending against Strike 3 Holdings lawsuits. A seasoned attorney who practices in the jurisdiction where the lawsuit was filed can guide you through the process, protect your rights, and work towards the best possible outcome for your situation. Because the courts of every state are different, it’s helpful that your attorney be admitted to the court in which the lawsuit has been filed. Whether you choose to settle, fight, or explore other legal options, having an experienced lawyer on your side can make a significant difference in the outcome of your case.
Attorney Conlin’s Experience
Attorney Cynthia Conlin has represented hundreds of defendants in BitTorrent lawsuits, including Strike 3 Holdings and other plaintiffs who sue for these claims. Through over a decade of experience in this niche area of law, she has developed tailored defense strategies to challenge the reliability of the evidence and protect the rights of her clients. Her knowledge of Florida’s legal landscape and her commitment to client privacy can make her an invaluable ally in these complex cases.
To contact us to discuss how we may be able to help you, feel free to call us at 407-965-5519 or use our online contact form.
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