Received a Strike 3 Holdings Subpoena in a Virginia District Court?
If you received a Strike 3 Holdings subpoena in the district court for the Eastern District of Virginia or Western District of Virginia, you likely have no idea what it means or what to do. It is confusing and often comes out of nowhere. Our Virginia federal litigation attorneys are experienced in these matters and can help. Contact our office to discuss the subpoena that you received, and read more about what this process is all about.
What is a Strike 3 Holdings Lawsuit?
Strike 3 Holdings, LLC owns the copyrights to some adult films. Through Strike 3 Holdings Lawsuits, they have accused certain internet users of violating their film copyrights through the use of BitTorrent, a peer-to-peer file-sharing protocol.
Through the use of internet protocol addresses (IP addresses), Strike 3 identifies anonymous defendants known to as “John Does” who are allegedly responsible for copyright infringement. They send subpoenas to the internet service provider (ISP) of the John Doe, such as Verizon, Cox, Xfinity, or Spectrum, which owns the IP addresses associated with the alleged copyright violations. These subpoenas request the ISPs to disclose the subscriber information linked to these IP addresses.
Once the ISP receives the subpoena from Strike 3, the ISP notifies the subscriber about the pending lawsuit and subpoena request. The subscriber is given a deadline to submit a Motion to Quash the subpoena. Failure to do so will result in the ISP releasing the subscriber’s personal information to Strike 3, enabling them to publicly identify the ISP subscriber and serve them with a summons and complaint.
What should you do if you receive a Strike 3 Holdings Lawsuit?
First, you have the option to file a Motion to Quash the subpoena before your ISP discloses your personal information to Strike 3. If the court grants the Motion to Quash, Strike 3 will be unable to obtain your personal identification information, and the lawsuit will be unable to move forward. However, if the court denies the Motion to Quash, your ISP will provide your personal information to Strike 3, allowing them to amend their complaint with your true name. The success of a Motion to Quash depends on the specific details of your case, but many courts deny these motions.
Second, you can attempt to settle the case. The settlement amount varies depending on factors like the alleged infringements, the location associated with the IP address, financial circumstances, and military status. If you are the subject of a Strike 3 lawsuit, it is important to consult with an attorney experienced in negotiating and settling these cases. Consider settling early in the process, as it may be more advantageous. An attorney can guide you through the settlement process, explain how to protect your reputation and anonymity, and negotiate a more reasonable settlement payment.
Third, you can fight the case in court after Strike 3 amends its complaint with your personal identification information. There are many factors to consider in making this decision, and taking a civil case to trial is often a time-consuming and expensive process. But given the facts and circumstances of your case, it may be worth considering this option. Sometimes, however, even if you are wrongfully accused of infringement, it might be worth considering settling the case depending on your circumstances.
Schedule a Consult
If you receive a letter from your ISP regarding a Strike 3 Holdings subpoena, contact our office to consult with one of our civil litigation attorneys. Once our attorneys have a clear understanding of your case, we can discuss the advantages and disadvantages of each option and develop a strategy to minimize the impact of a Strike 3 Holdings lawsuit on your situation.
Our attorneys possess extensive experience in responding to, defending against, and settling Strike 3 lawsuits, particularly in the Eastern District of Virginia (EDVA) district court. Our office is conveniently located less than a mile and a half from the Alexandria Division of the Eastern District of Virginia.
*This blog post does not constitute legal advice and is provided solely for informational purposes. Past outcomes do not guarantee future results.
