Strike 3 Holdings, LLC has cracked down on copyright infringement of their adult movies. In the past few years, they have filed thousands of complaints and they continue to sue over illegal downloads of their films published under the Blacked, Slayed, Tushy, and Vixen brands.
If you are notified that your internet service provider (ISP) has received a Strike 3 Holdings subpoena, informing you that you are being sued for an illegal download of their content, you may feel embarrassed. You may worry about the amount of money they claim that you owe as a result of the copyright infringement. You may even wonder if you can avoid going to court altogether.
What is a Subpoena and How Does it Relate to a Copyright Infringement Case?
A subpoena is a legal order requiring the recipient to appear in court or disclose (reveal) certain information.
When Strike 3 Holdings software finds that someone has illegally downloaded their copyrighted materials (based on their IP address), they can subpoena the ISP, demanding that they provide the internet subscriber’s identification information so that it can take legal action against the subscriber. If your ISP declines, it is seen as contempt of court. For this reason, most ISP providers will readily hand over this information. Once Strike 3 obtains your information, they will generally amend or update the complaint to name you personally as the defendant in the lawsuit.
What to Do if You’re Notified of a Strike 3 Subpoena
If you receive a notice from your internet service provider that Strike 3 Holdings has subpoenaed them for your information, don’t panic. You have a few options. You can hire an attorney to:
- Settle with Strike 3 Holdings. In a settlement, you agree to pay Strike 3 Holdings a sum of money in order for the charges to be dropped. Most people prefer to avoid court and worry that they may have to pay more money if they fight Strike 3 Holdings in court and lose.
- File a Motion to Quash. If the subpoena and the reasons given for summoning you to court lack any validity, you may be able to file a Motion to Quash. If granted by the judge, a Motion to Quash would deem the subpoena a nullity.
- Take the Case to Court. If you believe you have a defense against Strike 3 Holdings, you can also take your case to court. This is generally the most expensive option due to the high cost of legal fees.
In most cases, when Strike 3 Holdings issues these subpoenas, the best response is to settle. It is essential to hire an attorney before you make any decision about how to handle this situation. You can discuss the details of the case with your attorney, who can lay out what would be the best option for you. An experienced attorney will be able to determine what has the best chance of success in your case.
How an Attorney Can Help
There is no law that requires you to have an attorney to represent you in legal proceedings. However, it is always recommended. Studies have shown that pro se defendants (those who represent themselves) are far less likely to win their cases against represented plaintiffs. An attorney’s experience and specialized knowledge really can’t be replaced. If you receive a letter from your ISP concerning a Strike 3 Holdings subpoena, your attorney can offer you invaluable help by:
Offering a Consultation
One of your first questions is likely, “Do I even have a case?” This is a question that most people struggle to answer on their own. That’s why a lot of attorneys offer free consultations. This is a no-risk meeting in which you can go over the details of the case with the attorney and they can give you their professional opinion of what they could do. From there, you can make the choice of whether or not to hire the attorney. Getting that legal advice without having to put forth any money can be a relief.
Saving You Time and Effort
Representing yourself in court is difficult. It is time-consuming to prepare a case, and it can be exhausting – especially if you would be better off settling. An attorney’s legal advice will save you time by telling you the most efficient and effective path forward. They will also save you the time and effort involved in having to prepare your own case.
When you hire an attorney, they will start building your case, beginning with gathering evidence. Any documentation relevant to the case, and any witnesses that might be able to help you shared with the attorney. They can also demand documentation from Strike 3 Holdings to gather evidence from their side. Your attorney’s job is to build a strong case to defend you.
Handling Communications with the Other Side
Your attorney will handle communication with the opposing side’s attorneys. Having an experienced negotiator on your side is important, especially for defendants. Strike 3 Holdings attorneys know exactly how to twist your words so that you incriminate yourself. Your attorney, on the other hand, will understand their tricks and know how to avoid them.
Bringing Knowledge of the Courts and Law
Your attorney has studied the law for years, even before they began to practice. They have represented people in similar cases, and they may know legal precedents that can help you win or settle your case. They will also be familiar with the courts in which the case will be tried — including the judges, opposing counsel, and any local laws or requirements.
At the end of the day, Strike 3 Holdings will have attorneys representing them. You’re going to want an attorney on your side as well.
Contact Us to Represent You
If you’ve received notification that you’ve been sued by Strike 3 Holdings, or another copyright holder, the attorneys at Rosenblum Law are here to help. Over the course of a free consultation, we will discuss your options, tell you what can be done to protect your identity, and work to reduce the potentially large financial impact of the copyright infringement lawsuit. E-mail Rosenblum Law or call 888-815-3694 today to learn more or schedule your consultation.