Strike 3 Holdings, LLC is a company that owns the copyrights to many pornographic films. When an individual downloads these films, often through the use of BitTorrent, they potentially violate the copyrights of Strike 3 holdings.
Strike 3 finds these users through their IP addresses, and to identify the individual associated with the IP addresses, Strike 3 issues subpoenas the internet service provider (ISP) of the owner of the IP address. In other words, if your IP address is associated with Verizon, Verizon will get a notice to provide your personal information for Strike 3 in order to file a lawsuit against you. When your internet provider receives this notice, they will notify you. Whether you receive a notice from your internet provider or a subpoena from Strike 3 Holdings, this blog will discuss your options.
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.
Response to the Subpoena
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 Strike 3 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.
