Strike 3 Holdings Cases Rage Through Miami

Categories: Bittorrent

Strike 3 Holdings Case

Strike 3 Holdings Cases Rage Through Miami

Strike 3 Holdings case is a new and aggressive player in the copyright enforcement game. They file lawsuits across the country alleging that the defendants downloaded and distributed pornographic films using BitTorrent technology used in apps and websites used to watch movies and this can cause stress to the defendants.

What is this case about?

Strike 3 Holdings cases have a predictable trajectory by their nature, and by the nature of how BitTorrent technology works. When you watch a movie using a torrent app or website you’re receiving a copy of the movie in little pieces, and the app or site stitches them together for you so you have a whole movie file to watch. While you’re downloading the pieces needed to watch the movie, you’re sending out pieces of the movie as well. That’s how BitTorrent works. People are sending the pieces to you, and you’re sending pieces to other people. If a piece you send out (not on purpose, but by use of the app) is sent to the expert for Strike 3, they will have your IP address and will include it in a lawsuit seeking damages for copyright infringement.

Strike 3’s forensic expert patrols the internet looking for people sending out pieces of movies owned by the entities. If they get a piece of a Strike 3 movie from you, Strike 3 then takes that information and includes your IP address in a copyright infringement lawsuit. Since at the time they file the lawsuit they don’t know your name, the next thing they have to do is ask the court for permission to issue a subpoena to your ISP to determine who had the IP address they claim they caught sending the piece of the movie they received. Your ISP has a legal duty to send you a warning that someone is seeking your identity. So when you get a letter from Comcast or Wow warning you and including a copy of the subpoena, that’s why. In my experience, plaintiffs in cases such as these don’t want to amend the lawsuit to name you if they don’t have to do so. However, if you ignore the subpoena letter and move into a phase where you’re getting demand letters from Strike 3’s attorneys, you are moving closer to the day that either Strike 3 decides to name you or the judge decides that the case has been going on too long and orders them to name you. 

My advice is and always has been to act as soon as possible, whether you’re trying to settle the case or fighting the case in court. Time can be on your side if you act early. Act later, and time becomes a challenge for you.

If you got a subpoena notification letter from your ISP, Strike 3 has filed a lawsuit against you and is seeking disclosure of your name and address. A copy of one of the lawsuits can be seen here: Strike 3 Holdings Complaint. This is the first step in the litigation, but not the last. This is your chance to either challenge or settle your case before your name is made public. Call me at 312-994-2424 for a free consultation. I have 8 years of experience litigating and settling movie download cases involving pornography. I am one of the few attorneys in the country who has litigated one to conclusion. You can read about my success against Malibu Media, another pornography production house that files similar copyright infringement cases here.

Strike 3 Holdings cases are like most cases: you can maximize your results if you at quickly after you receive a subpoena notification letter. If you have received a letter from Strike 3’s attorney, you can still act to protect your identity from public disclosure. If you fail to respond after you receive notice from your ISP or a letter from Strike 3’s attorney, they will amend the lawsuit to publicly name you and have you served. I strongly advise that you do not wait until you are served a copy of the summons and complaint. At that point, your name will be part of the public record of the case. In some instances I can file a motion to remove your name from the docket, but there is no guarantee that the judge will allow it. Even if the judge does allow your name to be removed from the court’s public docket, your case may have already been reported to other public websites which are under no obligation to remove your name.

If you received a letter or a summons regarding a Strike 3 Holdings case,  I can talk with you about your case based on the number of movies Strike 3 alleges you downloaded, give you an idea of your financial and legal exposure, and provide you with a plan to protect your identity and your assets. These steps are important if you intend to litigate and also if you intend to settle. Call 312-994-2424 for a free consultation directly with me, Attorney Erin Russell, any time, seven days per week.

 

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