HOW TO DEFEND a Strike 3 Holdings John Doe subpoena client.

strike-3-holdings-blacked-tushy-vixen-awardsgraphic-for-lawsuit Strike 3 Holdings lawsuits for Blacked, Tushy, Vixen adult films

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 1-13 (Case No. 7:24-cv-06789) filed by Paul Beik in the U.S. District Court for the Eastern District of Texas”).  Please also feel free to post new cases you find them listed as the plaintiff.

Contents hide

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“).

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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 JULY, 2024):

STRIKE 3 HOLDINGS LLC FILINGS - JULY 2024
Cases filed as of JULY 2024 can be found below. I have separated these cases by court.

CALIFORNIA CASES (JULY 2024)

Filed in the California Central District Court

Strike 3 Holdings, LLC v. John Doe (Case Nos. 8:24-cv-01149, 8:24-cv-01150)
John Doe Subscriber Assigned IP address 104.173.237.152 (Case No. 2:24-cv-04465)
104.175.73.190 2:24-cv-04467
104.33.197.198 2:24-cv-04414
104.35.237.231 2:24-cv-04464
107.184.185.172 8:24-cv-01147
107.185.103.37 8:24-cv-01151
108.184.20.249 2:24-cv-04476
108.185.226.228 2:24-cv-04401
142.129.108.178 2:24-cv-04404
172.113.49.51 2:24-cv-04416
172.116.135.36 8:24-cv-01152
172.117.180.31 2:24-cv-04472
172.90.67.188 8:24-cv-01148
198.72.180.39 2:24-cv-04399
23.240.111.232 2:24-cv-04409
45.49.36.149 2:24-cv-04415
45.50.112.248 2:24-cv-04406
47.148.192.196 2:24-cv-04398
47.157.42.57 2:24-cv-04468
47.157.42.57 2:24-cv-04468
47.6.176.39 2:24-cv-04411
73.170.208.166 2:24-cv-04400
75.84.138.16 2:24-cv-04474
75.84.140.7 2:24-cv-04410
76.168.171.146 2:24-cv-04475
76.169.81.104 2:24-cv-04408
76.174.37.101 2:24-cv-04405
76.176.171.189 2:24-cv-04473
76.32.114.148 2:24-cv-04462
76.33.109.134 2:24-cv-04417
76.91.52.153 2:24-cv-04402
98.148.217.38 2:24-cv-04471
104.175.14.19 2:24-cv-05344
104.34.136.98 2:24-cv-05320
138.229.235.242 2:24-cv-05330
172.118.80.216 2:24-cv-05333
172.91.208.232 2:24-cv-05348
174.87.84.6 2:24-cv-05334
198.72.206.170 2:24-cv-05339
23.240.178.16 2:24-cv-05325
24.180.60.173 2:24-cv-05323
24.205.184.71 2:24-cv-05332
45.49.207.237 2:24-cv-05327
47.152.199.27 2:24-cv-05328
66.74.195.81 2:24-cv-05331
75.83.203.225 2:24-cv-05343
75.84.225.99 8:24-cv-01393
75.84.80.172 2:24-cv-05340
97.90.37.53 2:24-cv-05324
98.148.215.205 2:24-cv-05347
98.148.71.136 2:24-cv-05329
98.149.168.104 2:24-cv-05321
142.129.36.28 2:24-cv-05345
198.72.217.11 2:24-cv-05335
47.146.221.10 2:24-cv-05346
75.84.106.171 2:24-cv-05342
76.170.134.122 2:24-cv-05341
76.175.106.140 2:24-cv-05336

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Filed in the California Eastern District Court

71.195.168.4 2:24-at-00692
71.195.168.4 2:24-cv-01566
73.12.208.87 2:24-at-00695
73.12.208.87 2:24-cv-01574
73.235.39.250 2:24-at-00693
73.235.39.250 2:24-cv-01567
98.239.92.29 2:24-at-00696
98.239.92.29 2:24-cv-01569
98.255.208.42 2:24-at-00691
98.255.208.42 2:24-cv-01565
98.36.150.196 2:24-at-00694
98.36.150.196 2:24-cv-01571
104.186.230.180 2:24-cv-01807
107.220.110.27 2:24-cv-01806
108.195.126.179 2:24-cv-01809
71.135.147.75 2:24-cv-01805
73.235.108.220 2:24-cv-01808
76.127.98.205 2:24-cv-01804
104.186.230.180 2:24-at-00810
107.220.110.27 2:24-at-00809
108.195.126.179 2:24-at-00812
108.237.245.75 2:24-at-00804
23.119.244.58 2:24-at-00799
24.10.15.157 2:24-at-00802
24.23.40.188 2:24-at-00805
71.135.147.75 2:24-at-00808
73.192.132.61 2:24-at-00801
73.235.108.220 2:24-at-00811
76.127.98.205 2:24-at-00807
99.131.34.228 2:24-at-00806
108.237.245.75 2:24-cv-01801
23.119.244.58 2:24-cv-01797
24.10.15.157 2:24-cv-01800
24.23.40.188 2:24-cv-01802
73.192.132.61 2:24-cv-01799
99.131.34.228 2:24-cv-01803

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Filed in the California Northern District Court

24.4.188.12 4:24-cv-03251
24.5.18.6 3:24-cv-03256
47.208.129.171 3:24-cv-03257
47.208.154.10 4:24-cv-03254
67.180.115.218 3:24-cv-03259
71.202.153.152 3:24-cv-03255
73.252.205.161 4:24-cv-03248
98.37.211.102 4:24-cv-03250
98.47.18.54 4:24-cv-03252
73.158.126.115 3:24-cv-03855
99.122.50.167 4:24-cv-03893
98.210.12.216 3:24-cv-03862
76.126.232.185 5:24-cv-03853
98.37.147.63 3:24-cv-03860
107.202.150.234 4:24-cv-03854
172.0.77.13 3:24-cv-03895
24.130.20.96 4:24-cv-03857
73.63.133.173 4:24-cv-03856
73.92.141.33 3:24-cv-03890
76.220.25.52 3:24-cv-03892
98.248.93.202 3:24-cv-03894
99.13.231.123 4:24-cv-03861
107.199.203.44 5:24-cv-03891
107.142.109.91 3:24-cv-03858

Filed in the California Southern District Court

3:24-cv-00963
3:24-cv-00964

3:24-cv-00965
3:24-cv-00967
3:24-cv-00968
3:24-cv-01106
3:24-cv-01109
3:24-cv-01105
3:24-cv-01108
3:24-cv-01104
3:24-cv-01103
3:24-cv-01107
3:24-cv-00962

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COLORADO CASES (JULY 2024)

Filed in the Colorado District Court


174.51.4.113 1:24-cv-01480
73.203.32.26 1:24-cv-01477
73.3.243.204 1:24-cv-01479
73.78.148.203 1:24-cv-01486
73.95.74.104 1:24-cv-01487
75.70.234.31 1:24-cv-01489
98.43.108.69 1:24-cv-01491
24.8.37.165 1:24-cv-01794
24.9.45.128 1:24-cv-01799
71.205.223.32 1:24-cv-01793
73.14.174.11 1:24-cv-01801
73.14.8.49 1:24-cv-01800
73.181.116.186 1:24-cv-01796
73.34.30.204 1:24-cv-01797

CONNECTICUT CASES (JULY 2024)

Filed in the Connecticut District Court

3:24-cv-00956
3:24-cv-01110
3:24-cv-01106
3:24-cv-01111
3:24-cv-01109
3:24-cv-01107

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FLORIDA CASES (JULY 2024)

Filed in the Florida Middle District Court

3:24-cv-00530
6:24-cv-00971
6:24-cv-00973
6:24-cv-00974
6:24-cv-00976
8:24-cv-01266
8:24-cv-01268
8:24-cv-01270
173.170.84.71 8:24-cv-01271
73.224.176.31 3:24-cv-00529
35.145.183.208 8:24-cv-01272
8.30.96.97 8:24-cv-01273
99.149.117.102 3:24-cv-00645
6:24-cv-01158
6:24-cv-01162
6:24-cv-01168
8:24-cv-01543
6:24-cv-01169
162.196.27.244 6:24-cv-01157
99.85.87.144 6:24-cv-01172
45.19.21.184 6:24-cv-01170
3:24-cv-00646
6:24-cv-01159
6:24-cv-01161
6:24-cv-01163
6:24-cv-01171
8:24-cv-01542

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Filed in the Florida Southern District Court

0:24-cv-60900
0:24-cv-60901
0:24-cv-60902
0:24-cv-60903
1:24-cv-22023
9:24-cv-80672
1:24-cv-22470
1:24-cv-22473
1:24-cv-22471
1:24-cv-22469
1:24-cv-22474
0:24-cv-61125

Filed in the Florida Northern District Court

4:24-cv-00254

GEORGIA CASES (AS OF JULY 2024)

Filed in the Georgia Northern District Court

71.56.29.193 1:24-cv-02308
24.99.173.210 1:24-cv-02310
172.6.222.33 1:24-cv-02788
70.240.202.202 1:24-cv-02779
99.179.184.14 1:24-cv-02778
104.184.162.28 1:24-cv-02783
104.185.206.174 1:24-cv-02777
104.191.116.173 1:24-cv-02781
108.77.165.178 1:24-cv-02780
71.132.234.126 1:24-cv-02786
76.200.132.42 1:24-cv-02782
76.213.136.110 1:24-cv-02784
76.226.180.238 1:24-cv-02787
99.145.218.98 1:24-cv-02776

HAWAII CASES (AS OF JULY 2024)

Filed in the Hawaii District Court

Case Nos. 1:24-cv-00235
1:24-cv-00236
1:24-cv-00277
1:24-cv-00278
1:24-cv-00279

ILLINOIS CASES (AS OF JULY 2024)

Filed in the Illinois Northern District Court

1:24-cv-03656
1:24-cv-03665
1:24-cv-03668
65.79.133.62 1:24-cv-03771
67.176.227.206 1:24-cv-03636
71.239.160.180 1:24-cv-03659
73.176.171.162 1:24-cv-03648
73.208.52.171 1:24-cv-03663
73.36.156.196 1:24-cv-03661
73.45.168.128 1:24-cv-03654
76.136.191.155 1:24-cv-03669
76.157.124.253 1:24-cv-03645
73.58.99.72 1:24-cv-04585
73.50.57.211 1:24-cv-04665
98.226.146.137, 1:24-cv-04594
98.34.85.82 1:24-cv-04582
69.245.228.145 1:24-cv-04664
1:24-cv-04587
168.91.246.69 1:24-cv-04639
24.148.43.254 1:24-cv-04659
67.167.249.152 1:24-cv-04638
67.175.84.7 1:24-cv-04591
71.194.130.118 1:24-cv-04640
73.247.128.200 1:24-cv-04662
73.51.121.150 1:24-cv-04666
73.72.226.193 1:24-cv-04641
98.206.221.149 1:24-cv-04592

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KENTUCKY CASES (AS OF JULY 2024)

Filed in the Kentucky Eastern District Court

2:24-cv-00090
5:24-cv-00172
2:24-cv-00109
3:24-cv-00044
5:24-cv-00171
6:24-cv-00092

Filed in the Kentucky Western District Court

3:24-cv-00321
3:24-cv-00381
3:24-cv-00382
3:24-cv-00379
3:24-cv-00380

MARYLAND CASES (AS OF JULY 2024)

Filed in the Maryland District Court

8:24-cv-01517
1:24-cv-01515
1:24-cv-01516
108.51.184.174 8:24-cv-01882
73.191.70.133 1:24-cv-01879
96.234.163.232 1:24-cv-01880

MASSACHUSETTS CASES (AS OF JULY 2024)

Filed in the Massachusetts District Court

1:24-cv-11389
1:24-cv-11390
1:24-cv-11391
1:24-cv-11392
1:24-cv-11393
1:24-cv-11394
1:24-cv-11395
1:24-cv-11397
1:24-cv-11398
1:24-cv-11399
1:24-cv-11400
1:24-cv-11401
1:24-cv-11648
1:24-cv-11649
1:24-cv-11651
1:24-cv-11652
1:24-cv-11653
1:24-cv-11656
1:24-cv-11657
1:24-cv-11658
1:24-cv-11659
1:24-cv-11660
1:24-cv-11661
1:24-cv-11662
1:24-cv-11663

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MICHIGAN CASES (AS OF JULY 2024)

Filed in the Michigan Eastern District Court

2:24-cv-11410
2:24-cv-11412
2:24-cv-11413
2:24-cv-11414
2:24-cv-11415

Filed in the Michigan Western District Court

1:24-cv-00669
1:24-cv-00670
73.190.12.152 1:24-cv-00671

MINNESOTA CASES (AS OF JULY 2024)

Filed in the Minnesota District Court

131.93.233.149 0:24-cv-02025
71.195.35.2 0:24-cv-02027
73.164.85.13 0:24-cv-02026
76.156.106.47 0:24-cv-02430
174.53.144.88 0:24-cv-02428
68.46.96.103 0:24-cv-02429

NEW JERSEY CASES (AS OF JULY 2024)

Filed in the New Jersey District Court

3:24-cv-06582
3:24-cv-06589
108.53.202.78 2:24-cv-06581
69.244.125.124 1:24-cv-06536
71.187.254.27 2:24-cv-06578
73.194.219.209 1:24-cv-06537
74.105.92.45 3:24-cv-06583
74.88.186.160 3:24-cv-06577
96.225.87.50 2:24-cv-07220
173.70.66.176 2:24-cv-07217
173.63.212.85 2:24-cv-07221
3:24-cv-07222
100.8.240.40 2:24-cv-07223
74.102.15.111 2:24-cv-07219
108.35.121.209 2:24-cv-07218
100.35.236.19 2:24-cv-07302
69.119.12.6 3:24-cv-07306
69.141.97.134 3:24-cv-07305
69.248.205.149 3:24-cv-07304
71.169.88.196 2:24-cv-07300
73.226.114.195 3:24-cv-07303
96.234.34.156 2:24-cv-07301

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NEW YORK CASES (AS OF JULY 2024)

Filed in the New York Eastern District Court

2:24-cv-03866
2:24-cv-03867
2:24-cv-03868
2:24-cv-03869
2:24-cv-03870
100.2.219.122 1:24-cv-03809
100.38.72.53 1:24-cv-03840
100.38.72.53 1:24-cv-03840
108.176.129.27 1:24-cv-03810
108.21.244.235 1:24-cv-03827
108.54.202.46 1:24-cv-03812
141.149.34.89 1:24-cv-03811
173.52.105.124 1:24-cv-03807
173.52.229.144 1:24-cv-03836
207.38.181.179 1:24-cv-03837
24.102.76.33 1:24-cv-03813
67.244.115.202 1:24-cv-03839
67.245.72.250 1:24-cv-03817
67.245.8.10 1:24-cv-03833
69.123.70.51 1:24-cv-03838
71.167.137.191 1:24-cv-03815
71.190.15.33 1:24-cv-03826
72.229.3.23 1:24-cv-03814
72.80.79.31 1:24-cv-03828
74.108.3.106 1:24-cv-03843
74.68.41.220 1:24-cv-03808
74.72.170.60 1:24-cv-03816
96.250.46.47 1:24-cv-03830
69.124.113.134 1:24-cv-04534
72.89.153.253 1:24-cv-04532
100.2.100.98 1:24-cv-04533
2:24-cv-04540
2:24-cv-04542
2:24-cv-04543
2:24-cv-04545
100.2.188.56 1:24-cv-04520
173.3.231.68 1:24-cv-04521
67.82.240.240 1:24-cv-04522
68.129.222.116 1:24-cv-04523
69.115.50.93 1:24-cv-04526
71.183.157.103 1:24-cv-04525
72.69.6.19 1:24-cv-04524

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Filed in the New York Northern District Court

1:24-cv-00726
3:24-cv-00724
1:24-cv-00817
5:24-cv-00818

Filed in the New York Southern District Court

1:24-cv-04126
1:24-cv-04129
7:24-cv-04136

Filed in the New York Western District Court

6:24-cv-06343
6:24-cv-06344
1:24-cv-00608

NORTH CAROLINA CASES (AS OF JULY 2024)

Filed in the North Carolina Eastern District Court

5:24-cv-00296
5:24-cv-00297
7:24-cv-00448

Filed in the North Carolina Middle District Court

1:24-cv-00438
1:24-cv-00439
1:24-cv-00440

Filed in the North Carolina Western District Court

1:24-cv-00162

OHIO CASES (AS OF JULY 2024)

Filed in the Ohio Northern District Court

1:24-cv-00939
1:24-cv-00939
1:24-cv-01066
1:24-cv-01069
1:24-cv-01070
1:24-cv-01057
1:24-cv-01058
3:24-cv-01071
5:24-cv-01055
5:24-cv-01056

Filed in the Ohio Southern District Court

2:24-cv-03033
2:24-cv-03034
2:24-cv-03035
2:24-cv-03033

2:24-cv-03034
2:24-cv-03035
2:24-cv-03456
2:24-cv-03452
2:24-cv-03464
2:24-cv-03455
2:24-cv-03462
1:24-cv-00348
1:24-cv-00349
2:24-cv-03457
2:24-cv-03458
2:24-cv-03460
2:24-cv-03463
2:24-cv-03454

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PENNSYLVANIA CASES (AS OF JULY 2024)

Filed in the Pennsylvania Eastern District Court

69.249.23.38 2:24-cv-02309
151.197.48.45 2:24-cv-02794
100.11.10.37 2:24-cv-02796
98.115.59.202 2:24-cv-02795
208.58.100.102 2:24-cv-02798
174.173.212.171 2:24-cv-02797

Filed in the Pennsylvania Middle District Court

4:24-cv-00879
174.54.137.224 1:24-cv-00877
1:24-cv-01050

TENNESSEE CASES (AS OF JULY 2024)

Filed in the Tennessee Middle District Court

3:24-cv-00671
4:24-cv-00473

TEXAS CASES (AS OF JULY 2024)

Filed in the Texas Eastern District Court

4:24-cv-00575
4:24-cv-00579
4:24-cv-00574
4:24-cv-00576
4:24-cv-00577
4:24-cv-00578

Filed in the Texas Northern District Court

3:24-cv-01277
3:24-cv-01278
3:24-cv-01279
3:24-cv-01610
3:24-cv-01603
3:24-cv-01605
3:24-cv-01608
3:24-cv-01609
3:24-cv-01604
3:24-cv-01606
3:24-cv-01607

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Filed in the Texas Southern District Court

4:24-cv-01976
4:24-cv-01977
4:24-cv-01978
4:24-cv-01979
4:24-cv-01980
4:24-cv-01982
4:24-cv-01983
4:24-cv-01984
4:24-cv-01985
4:24-cv-01986
98.198.223.83 3:24-cv-00148
3:24-cv-00189
3:24-cv-00190
3:24-cv-00191
3:24-cv-00192
4:24-cv-02386
4:24-cv-02387
4:24-cv-02388
4:24-cv-02389
4:24-cv-02390
4:24-cv-02392
4:24-cv-02393
4:24-cv-02394
4:24-cv-02395
4:24-cv-02396
4:24-cv-02397

Filed in the Texas Western District Court

1:24-cv-00570
1:24-cv-00571
1:24-cv-00572
1:24-cv-00573
5:24-cv-00564
5:24-cv-00565
5:24-cv-00566
5:24-cv-00567
1:24-cv-00709
1:24-cv-00710
1:24-cv-00711
1:24-cv-00712
1:24-cv-00713
1:24-cv-00714
5:24-cv-00713
5:24-cv-00714
5:24-cv-00715

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VIRGINIA CASES (AS OF JULY 2024)

Filed in the Virginia Eastern District Court

1:24-cv-00916

WISCONSIN CASES (AS OF JULY 2024)

Filed in the Wisconsin Eastern District Court

2:24-cv-00667
2:24-cv-00668
2:24-cv-00786
2:24-cv-00780
2:24-cv-00781
2:24-cv-00782
2:24-cv-00784
2:24-cv-00783
2:24-cv-00785

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[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].

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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.

Strike 3 Holdings copyright holders 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.

[Historically, there were other strategies we employed which were relevant and useful at the time. I am mentioning them here because you will come across them in my articles, and because some attorneys might still offer these to you. THIS IS A TRAP. Each of these strategies used to work at one point, but are no longer relevant (and they know this). But once a settlement factory lures you in with a “good sounding legal argument,” and you hire them thinking they’ll succeed and then that argument fails, these attorneys always jump to the “YOU MUST SETTLE, OR ELSE” FEAR TACTIC (which was their plan all alone). Thus, if someone presents any of these strategies to you, find another attorney.

I also want to point out that these strategies were our OWN strategies that we came up with and used in our lawsuits. Thus, I am sharing this based on my own experience because these were once good strategies.

STRATEGY #1: The “no settlement” letter option [at the time] was a good attempt at handling the scenario where the client did not do the download, or where the plaintiff attorney was unwilling to come to an amicable arrangement. We would provide a low-cost option to clients and write a letter on their behalf stating that 1) they did not do the download, and 2) they would not settle. The result was that the attorneys continued to engage us in questions and answers, and settlement negotiations which is not what the client wanted. They knew we couldn’t just write a letter and then abandon the client, and this is why this strategy failed.

STRATEGY #2: Arguing the facts of the case, namely that Strike 3 Holdings only has what is called “snapshot evidence” (which is not proof that the entire copyrighted title was downloaded, but merely that you were “in the room,” or connecting to an online “swarm” where users were uploading and downloading copies of that same file as you were accused of downloading. Even if you too were downloading it, there is no evidence that you downloaded the entire copyrighted film).

In general, arguing the facts of the case when you are not in litigation is a bad idea.

STRATEGY #3: Arguing that the Strike 3 Holdings plaintiff does not have the PCAP file. The PCAP file (which can prove or disprove whether actual infringement happened) is almost never present in these cases. However, even if they have ZERO EVIDENCE that you downloaded anything, it is still YOUR OWN TESTIMONY (e.g., in a deposition or in an interrogatory) which can provide them the evidence they need to prove that you were the one who downloaded their copyrighted titles.]

Returning to the topic of the negotiation itself, 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.

Streaming movies via IP address is the newest way to get caught.

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.

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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].

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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.

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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.