Why Fight a Strike 3 Lawsuit Right Away?
The first notice a person will typically get when facing a copyright infringement lawsuit for downloading illegal content is a letter from their internet service provider (ISP). This letter itself is a response to a subpoena that the ISP has been served by Strike 3 Holdings, LLC, a copyright holder of pornographic content, seeking information about the person who downloaded their copyrighted material. The letter typically advises the subscriber that they have a certain amount of time to file a motion to oppose or quash the subpoena.
If you’ve received a letter like this, a clock has begun ticking! As such, it is critical that you hire an attorney to fight the lawsuit right away to protect your identity and reduce any potential settlement.
Your Identity Can Be Revealed
The purpose of the subpoena is to require the ISP to reveal the subscriber’s information to the plaintiff (i.e. the copyright holder). For now, all the plaintiff has is the subscriber’s IP address. However, the IP address doesn’t have a name or physical address behind it. The subpoena compels the ISP to reveal the identity of the person being sued.
One of the many reasons it is important to act fast after receiving such a letter is that, after a certain amount of time has passed, the ISP will be required to disclose that information to the plaintiff.
More Time Can Mean More Money
Another reason to act sooner has to do with legal fees. The more time that goes on, the more work that has to be done by the plaintiff’s lawyers. There’s the filing fee, then they will have to hire a process server to serve a subpoena, and then the defendant with the complaint. In addition, they may spend time trying to discover who you are and how much you are worth. As time goes on and the lawyers spend more time on this case, the more money the plaintiff is going to want to recover from this lawsuit.
Hiring an attorney early serves two purposes: it’s more likely the client’s identity will be protected and the settlement amount will be smaller.
What If I’ve Waited Too Long?
Far too often, a person sees this letter and assumes it’s a scam. As a result, too much time passes, and the copyright hold obtains the person’s information.
If too much time passes and it seems unlikely that you will meet the deadline, the best course of action is to remove any and all information about yourself from the internet that could give a hint as to your net worth.
For example, you may have social media posts that are public. Those accounts could have photos of your house or car. In addition, these posts might indicate that you live in a nice neighborhood or went to an expensive college. Such things increase the value of the case in the plaintiff’s eyes. It means they are going after someone with “deeper pockets”, as opposed to someone with lesser assets.