I have added this page for internet users who have become entangled in the Strike 3 Holdings LLC movie lawsuit cases.
This company has filed thousands of lawsuits in many locations, making allegations that people “act against them” when they go online seeking their pornographic films. Thus, Strike 3 Holdings sued these downloaders in a public lawsuit to protect their expensive suite of “personal” adult videos, and they want the courts to favor their decision to demand that each defendant settles the Strike 3 Holdings claims against them.
The goal of my litigation response team in writing this article is to keep up to date on this plaintiff, and to discuss our experiences in defending against (containing) their various cases. Should you learn of any updates regarding one of their cases, or you hear that a subpoena has been issued to an ISP, please post it here using the following format — (e.g., “Strike 3 Holdings LLC v. John Does 1-20 (Case No. 3:23-cv-01234) filed in the U.S. District Court for the Southern District of Texas”). Please also feel free to post new cases you find them listed as the plaintiff.
Strike 3 Holdings LLC v. Does Lawsuits
This company is suing for copyright infringement based on the the illegal download or streaming of the adult movie titles produced under the Blacked, Vixen, Deeper, etc. brands. The lawsuits are all copyright infringement lawsuits in Federal Courts, and each lawsuit sues for statutory damages of $150,000.
Accused internet users are made aware of these cases when they are sent a letter from their ISP (e.g., CenturyLink, Comcast, Hawaii Telecom, Verizon Fios, Time Warner Cable, etc.), which informs them 1) they are implicated as a “John Doe” Defendant in this case, and 2) the ISP is bound by an order signed by the federal judge to share the account holder’s contact information (and relevant information about their IP address’ involvement in the case) on a certain due date unless the subscriber files an objection or a motion to quash the subpoena with the court (referring to a “motion to quash“).
Have you read enough? Book Now to get help. > > >
Remember to please exercise discretion when posting (e.g., do not post your real name or e-mail address), and as usual, avoid using vulgar or offensive language (both towards the plaintiff and towards other users).
[CONTACT AN ATTORNEY: If you have a question for an attorney about your case and options on how to proceed, you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].
RECENT CASE HISTORY OF FILINGS (as of MARCH, 2023):
[CONTACT AN ATTORNEY: If you have a question for an attorney about one of their cases and options on how to proceed (even specifically for your case), you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your options, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].
Have you read enough? Book Now to get help. > > >
BLOG POSTS:
Article(s) Written on their cases:
“Everything you need to know in one page about your Strike 3 Holdings LLC (movie titles produced by Blacked, Vixen, and Deeper) Movie Lawsuit and ISP letters,” -11/5/2017
“SIMILARITIES BETWEEN THE STRIKE 3 LAWSUITS AND THE MALIBU MEDIA, LLC LAWSUITS,” -11/15/2017
HOW AN ATTORNEY SHOULD REPRESENT A STRIKE 3 SUBPOENA CLIENT:
Because IP address-based copyright infringement cases appear to be similar, I thought it would be beneficial to take a few moments and simplify the process. That way, when you pay an attorney, you will know exactly what the attorney will be doing. (Look here for an article on when to hire an attorney, and at what point does it become too late to hire an attorney.)
Here are the steps your attorney (us, or anyone else) should be taking on your behalf.
STEP 1) STOP PLAINTIFF FROM CONTACTING YOU OR ANYONE ELSE ON YOUR BEHALF (WORKPLACE) ABOUT THE CLAIMS AGAINST YOU.
Once your plaintiff attorney learns that you are represented by an attorney, all communication must be with that attorney alone. Phone calls or letters to client directly once a notice of representation is provided can jeopardize that attorney’s law license.
STEP 2) RESEARCH AND DISCUSS CLAIMS COMPARING PLAINTIFF ATTORNEY’S DATA OF USE VERSUS ACTUAL USE OR NON-USE.
Carl Crowell and his local counsel across the US (here in Texas, Gary Fischman) appear to be researching the claims and linking the accused IP addresses to determine whether that accused defendant has been involved in the download of other copyrighted films. They appear to be watching the activity of the IP address (specifically, before and after the date the ISP sends the subpoena notice to the account holders) to see if there is a change in the downloading activity of the accused subscriber.
It is important to share truthful information with your defense attorney so that claims against you can be disputed with facts and dates. The plaintiff attorneys have data that they rely on, but their reliance on that data is based on a STORY which may or may not have an alternative explanation. Obviously, your attorney should have the common sense to discuss the claims in order to refute their story without admitting guilt on your behalf.
STEP 3) DISCUSS AND NEGOTIATE SETTLEMENT OPTIONS WITH PLAINTIFF ATTORNEY, WHETHER BY PAYING A FEE OR NOT (PROCEED WITH LAWSUIT).
Normally the plaintiff attorneys in a copyright infringement lawsuit (or more frequently, an IP address-based “copyright troll” lawsuit) may or may not approach a defendant asking for money regardless of guilt or wrongdoing. This is not always the case with these attorneys, as they always ask for money from accused defendants.
The “no settlement” letter option is obviously the scenario where the client did not do the download, or the plaintiff attorney was unwilling to come to an amicable arrangement.
Obviously if neither side can agree on an early solution to the problem, then yes, it makes sense to proceed to allow the plaintiff attorney to name and serve your client, file an answer with the court, and proceed with defending your client’s interests in the courtroom.
STEP 4) NEGOTIATE PRICE (IF BENEFICIAL, CONSIDERING CLIENT’S ABILITY TO PAY). PROVIDE DOCUMENTATION OR STATEMENT IF NECESSARY TO SUBSTANTIATE CLAIMS.
Many accused defendants downloaded the copyrighted movie not realizing that the download was illegal. This is because there are websites (e.g., The Pirate Bay) which, on their face, appear to be innocuous. However, unbeknownst to the end user, The [SOMETHING] Bay shares a IP address tracked file with the end user’s “sharing via IP address” software. It through the download of the unlicensed uploaded videos included in the tracked file that the account holder gets ‘caught’ downloading the video, because his/her real IP address is exposed as the file sharing software joins the user to one or more online swarms in order to acquire the video.
Unfortunately, it is not always known whether a video source is legitimate or not. For example, the videos presented on The Pirate Bay (as the name describes) are usually pirated, and downloading the videos or viewing the videos can get the end user sued for copyright infringement. Contrast this with other movie sources, e.g., Netflix, Amazon Prime, Hulu, etc., which are legitimate. However, there are many “in between” websites which appear to be legitimate, but may not be.
Regardless of the intention of how the adult film was acquired, downloaded, or viewed, this is our goal — to have the circumstances of the accused defendant be relevant and useful in a negotiation to arrive at a price the client can afford.
Have you read enough? Book Now to get help. > > >
STEP 4A) IF ATTORNEY IS UNCOOPERATIVE, CONSIDER ARGUING FOR MINIMUM STATUTORY DAMAGES
Obviously this is not a preferred outcome, but it still must be considered. If an attorney is unwilling to negotiate a fair settlement amount (or if we believe he or she is being unreasonable with our office in the negotiations, e.g., if he opens the negotiations asking for too much money, or he requires that the client take some action outside negotiating a cash payment in return for a dismissal of the lawsuit), there is another alternative strategy. You can have us (or have your attorney) file an answer on your behalf, admit guilt to the claims of copyright infringement, and and make appeals to the court for what are called “minimum statutory damages” of $750 plus the other side’s attorney fees (which at this point would be minimal). While not a preferred alternative, it is a method of forcing a reasonable payment to the plaintiff attorney if the download actually occurred.
STEP 5) NEGOTIATE TERMS OF SETTLEMENT AGREEMENT.
The release of liability agreement should be specific to the claims of copyright infringement, and they should include the nuances of contract law in order to ensure the agreement is enforceable. The terms should not ‘admit guilt’ on behalf of the client, and the scope of the contract should include not only the accused defendant (the account holder), but also the household and/or family members.
There are other crucial elements to have in such an agreement (e.g., attorney fee shifting specific to copyright infringement lawsuits), but the above should be sufficient.
STEP 6) HAVE PLAINTIFF ATTORNEY SIGN AGREEMENT(S), THEN HAVE CLIENT SIGN AGREEMENT(S) AND PROCESS SETTLEMENT PAYMENT.
This is self explanatory. The one filing the lawsuit is not bound to an agreement until they sign it (or until someone with authority to sign signs it on their behalf as their agent). Attorneys generally try to get the John Doe Defendant to sign first and pay the agreed-upon fee, and then ‘maybe’ they will sign it, and ‘maybe’ they will accept the payment, and ‘maybe’ they will release that defendant from liability once the payment is received. These are games their lawyers might play. For this reason, it is advisable to have the defense attorney insist that the plaintiff attorney sign the agreement first in order to bind their client to the terms of the agreement… before their client signs the agreement or pays a penny in resolution of the claims against them.
STEP 7) FOLLOW-UP WITH PLAINTIFF TO HAVE CLIENT’S “JOHN DOE” ENTITY DISMISSED FROM CASE.
Once again, this is self explanatory, but unfortunately, it must be a step. Too often, plaintiff attorneys have the clients sign first and pay first, and then when they get around to it, they’ll sign the agreement and release that defendant from liability. However, this could take weeks or months.
The reason for this is because once their client has their money, without being contract-bound to release the John Doe Defendant from the lawsuit (assuming he signed first), once he pays his settlement money to the plaintiff, he becomes a lower priority to the busy plaintiff attorney (who is juggling sometimes hundreds of negotiations in multiple cases) who is more worried about the due dates for their other cases, or who is more worried about extracting as much as he can from as many of the other accused account holders as possible. This is why it is important in STEP 6) for the plaintiff attorney to sign the agreement first.
Nevertheless, even with a signed agreement, sometimes the plaintiff attorneys need ‘reminders’ to do what they are duty-bound to do. Thus, your attorney should not close the client’s file when payment is sent, but rather, the attorney should stay on top of the plaintiff attorney until the dismissal is actually filed in the court dismissing that John Doe Defendant from liability.
[CONTACT AN ATTORNEY: If you have a question for an attorney about your matter and want options on how to proceed (we can even consider your situation, balancing the costs vs. the risks of each different approach to determine which one works best for you), you can email us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].
Have you read enough? Book Now to get help. > > >
TIMELINE: STRIKE 3 HOLDINGS SUBPOENAS AND HOW TO HANDLE THEM
Any “copyright troll” IP address-based copyright infringement lawsuit really revolves around the subpoena which moves from the court to the internet service provider (ISP), and then is forwarded to the accused John Doe Defendants.
Tracking the timeline of a subpoena can help an accused defendant understand the timelines of when they can fight, when they can settle, when they can ignore, and whether they are anonymous or not at each step.
NOTE: I have moved the contents of this section to its own article, because the topic of “Subpoena Stages and Anonymity” is not limited to this plaintiff’s lawsuits.
Subpoena is first introduced to the court for approval.
First, the plaintiff attorney files the lawsuit and asks the court for permission to obtain the identities of the various internet users accused of downloading their adult film movie titles under the Blacked, Vixen, etc. brand names.
Once approved by the court, it is delivered to the ISP.
The federal judge approves the subpoena (usually by rubber stamp), and they are then sent to the “abuse” department of the various ISPs (e.g., AT&T U-verse, COX Communications, Comcast, etc.).
These ISPs are ordered to hand over the accused subscriber’s information to the plaintiff attorney.
The ISP forwards it to the accused account holder giving him a chance to file an objection with the court.
Before handing over your information, the ISPs send a notice to the account holder that a subpoena has been received, and that they are under a duty to comply with it by a certain date unless the account holder files a Motion to Quash before the arbitrary deadline they set (usually the deadline is 30 days from the notice sent to the subscriber).
You (the account holder) receive the notice, and you learn that you are implicated as a “John Doe” (an unnamed defendant) in the Strike 3 Holdings LLC v. Does lawsuit. At this point, you are still anonymous.
Assuming that you do not file a motion to quash (here is why you would not do this)…
The ISP complies with the Subpoena and hands over your contact information to the plaintiff attorney.
Assuming you do not file the Motion to Quash (there are many articles on this website explaining why you might not do so), the 30-day deadline set by your ISP will lapse, and your ISP will do as it was instructed to do by the judge. They turn over your information to the PLAINTIFF ATTORNEY (but not to the court or anyone else). You are still anonymous.
Have you read enough? Book Now to get help. > > >
The exact moment your anonymity expires.
At this point, the life of the subpoena is over, as it has served its purpose and the plaintiff attorney is in receipt of your contact information (and whatever other information your ISP was forced to hand over to it). At this point, you are a “John Doe” defendant in the lawsuit, and only your plaintiff attorney knows your real identity. YOU ARE STILL ANONYMOUS at this point (as to the court and the world, as the plaintiff attorney is not going to share your information unless he decides to name and serve you as a defendant in the lawsuit).
Your anonymity expires once the plaintiff attorney realizes that he or she cannot get a cash payment from you, and based on their evidence that you are the downloader of their Blacked, Vixen, etc. branded movie titles, they file an amended complaint with the court with your name as a defendant, and they serve you with a copy of the complaint. At this point, you have been “named and served,” and you are no longer anonymous. At this point, you need to decide whether it makes more sense to stand and defend against the infringement claims against you (again, consider the attorney fees issue), or to negotiate a settlement and amicably step away from the lawsuit.
NOTE: If you choose to fight, be aware of Prof. Matthew Sag’s paper entitled “Defense Against the Dark Arts of Copyright Trolling,” and the considerations surrounding using what are otherwise “valid” copyright infringement defenses which likely DO apply to your case.
[CONTACT AN ATTORNEY: If you have a question for an attorney about these cases and options on how to proceed (even specifically for your case), you can e-mail us at info[at]cashmanlawfirm.com, you can schedule a free and confidential phone consultation to speak to us about your case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].
In sum, about this article.
In sum, copyright infringement cases are all similar, but each one has its nuances. The steps described in this article apply to any John Doe Defendant in any copyright infringement lawsuit, and for this reason, I wrote this article 1) to not only give the client an understanding of the steps which are required in representing a client prior to being named and served in a John Doe lawsuit, but more importantly, 2) to allow that client to hold their lawyer’s toes to the fire and make sure they are being represented carefully and individually.
—
[CONTACT AN ATTORNEY: If you have a question for an attorney about their filings and options on how to proceed (even specifically for your case), you can e-mail us at info[at]cashmanlawfirm.com, you can set up a free and confidential phone consultation to speak to us about your case, or you can call us at 713-364-3476 (this is our Cashman Law Firm, PLLC’s number].
CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.
NOTE: No attorney client relationship is established by sending this form, and while the attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me, I do not become your attorney until we sign a contract together. That being said, please do not state anything “incriminating” about your case when using this form, or more practically, in any e-mail.
Lastly, please pay attention to our privacy policy, as the content of this article (and the various articles we have written) are not to be considered legal advice. Each defendant’s case and circumstances are different, and while we may recommend one course of action for one client, we might recommend the opposite approach simply because the next client’s circumstances justify such an approach.