These articles are never brief, no matter how hard I try to make them concise. 🙂 Have you ever heard of Strike 3 Holdings LLC lawsuits? If not, let’s just say that you don’t want to find yourself in their crosshairs!
Strike 3 Holdings has been causing quite a stir on Reddit and other social media platforms lately – and for good reason. The company specializes in subpoenaing infringers of their copyrighted content. Unfortunately, they’ve recently become notorious for filing lump-sum settlement demands against these individuals. This has led to an increase in legal cases around this issue over the years.
So what is Strike 3 Holdings LLC really all about? Stick around as we break down this emerging monster of litigation law – from who they are targeting to how much money people can be expected to pay them upon settlement or court judgement. Let’s briefly dive into the Strike 3 Holdings LLC lawsuits.
However, I am embarrassed to say that this article was written just to get your attention. If you want actual content that can help you figure out exactly what to do with the ISP subpoena letter that you received in the mail, instead of reading on, I strongly suggest that you instead read these articles:
ESSENTIAL ARTICLES:
- STRIKE 3 HOLDINGS SUBPOENA LAWSUITS – JUST THE FACTS.
- WALKTHROUGH: WHAT IS THE EASIEST WAY TO UNDERSTAND THE ISP SUBPOENA NOTIFICATION LETTER THAT I RECEIVED AND WHAT ARE MY OPTIONS ON HOW TO PROCEED?
IN-DEPTH ARTICLES:
- Strike 3 Holdings LLC John Doe Subpoena Lawsuit – In Depth – FAQ
- Strike 3 Holdings: SETTLEMENT NEGOTIATIONS and SETTLEMENT PRICES: More Than You Ever Wanted to Know
ALSO, THESE ARTICLES ARE “IMPORTANT TO KNOW.”
- Beware of the defense attorney “settlement factory.”
- “Anonymous Settlements”
- REVISITED: Why Motions To Quash an ISP Subpoena Have Failed.
If you stayed, what you will find here:
What Is Strike 3 Holdings?
Strike 3 Holdings may sound like the name of a rebellious punk band, but it’s actually a company with a very different agenda. In fact, it’s one that has raised some eyebrows and sparked some controversy in recent years. So what exactly is it?
Imagine a company that creates thousands of adult films and sells subscriptions to those videos online. Then imagine that someone (them?) leaks their videos onto the online file sharing networks. Then imagine that this company is so upset that they feel the patriotic duty to use the federal courts to right the wrongs they have suffered by suing each and every internet user who allegedly clicked on a link and viewed one of their copyrighted films. That is Strike 3 Holdings.
What does Strike 3 Holdings own?
Strike 3 Holdings LLC is a company that has filed thousands of cases in Federal Courts over copyright infringement from adult entertainment films. These cases are filed in the District Courts (for example, the United States District Court for the Northern District of California, etc.). The lawsuit is usually filed against an unknown defendant identified as “John Doe,” and to reveal the identify of the ISP subscriber, they ask the court to allow them to send a subpoena to the Internet Service Provider (ISP) where the downloads allegedly happened.
The plaintiff in these cases argues that each defendant has downloaded one or more of their adult films without permission and accuses them of copyright infringement. In response, defendants are faced with an uneven playing field — do they spend thousands of dollars to respond to the claims against them, or do they spend thousands more to settle with Strike 3 Holdings?
Based on the ISP subpoena letters and the way they are written, the account holders often are told to file a motion to quash the subpoenas, however, I’m pretty sure that is a bad idea.
In some cases, so-called “defense attorneys” who often merely run a volume-based settlement business (I call them “settlement factories”) claim representing accused defendants sell them on agreeing to anonymous settlements with Strike 3 Holdings.
These attorneys use fear-based tactics to scare would-be clients into settling. They rush that accused defendant into hiring them so that they could quickly (dare I say, with minimal time invested) resolve the claims against their new client. That way, any personal information regarding who was sued does not become public record.
For those looking for further information on how this process works and what happens when a company wins a lawsuit against individual infringers, Reddit forums like /r/piracy are sometimes useful resources as people share experiences and advice associated with Strike 3 Holdings lawsuits and subpoenas.
Lawsuits Pursuing Infringers In California
Ah, California – land of sunshine, surfers, and…lawsuits? Well, when it comes to Strike 3 Holdings, that seems to be the case. This adult entertainment company has been pursuing infringers in California through its many lawsuits.
I guess what is important to know is that Strike 3 Holdings, LLC is run out of California, and their main attorney — Lincoln Bandlow — runs their lawsuits from there.
Motion to Quash
Motion to Quash? People often ask me if our Cashman Law Firm, PLLC will do a Motion to Squash (this is terrible humor, but I do hear it called this almost weekly). But in all seriousness, if you’ve received a subpoena from Strike 3 Holdings, you may be wondering what a motion to quash entails.
I’ve written about this topic multiple times, and since it always comes up, you can read more about a Motion to Quash here.
How do you settle with Strike 3 Holdings?
Uh oh, do you think you might need to settle? Don’t panic just yet. If you’re looking to settle with this adult film company, there are a few things you need to know first.
Let’s do a deep-dive on settlements, and how you can potentially resolve this legal issue and move on with your life.
[Just so you know, I don’t encourage these, and in that article, you’ll find a bunch of reasons and strategies on how NOT to settle. But for those of you who don’t want to sit in front of a court reporter (once named and served) and answer questions under oath, yeah, I get it.]Since this is a brief overview article, I am covering Anonymous Settlements NOT because I believe in them, but because the other attorneys who’s “Google AdWords-sponsored website ads” that you clicked on will for sure be pushing these things on you.
Anonymous Settlement
So, you decided you want to settle, and you don’t want anyone to know about this. After all, just being associated with these kinds of lawsuits can harm your reputation, your marriage, and more. But, don’t panic just yet!
Did you know that an anonymous settlement is possible? That’s right – it’s possible to reach a settlement without revealing your identity. However, please take me seriously when I share some real reasons why an anonymous settlement for this kind of lawsuit could be a really bad idea.
Strike 3 Holdings Reddit Posts
With its massive user base, Reddit is often a go-to source for all kinds of information and discussion about Strike 3 Holdings LLC cases. Depending on the time of year, searching “Strike 3 Holdings” on the Reddit platform will reveal an abundance of threads that range from questions about individual cases to debates over copyright law. Though it can be difficult to parse through the sometimes complicated legal jargon, at first glance, Reddit’s wealth of resources and insights can provide valuable insight into understanding the ins and outs of Strike 3 Holdings LLC lawsuits.
But as always, be wary of people who are offering “legal advice,” especially if they are not licensed attorneys. Going one step further, I can’t believe “Strike 3 Reddit” is actually a think I need to write about. I looked online there (I visit Reddit on my personal device, but only for fun), and I saw a bunch of questions being answered by… you guessed it — settlement factories. I did let out a sigh in frustration when I saw them recommend a settlement… even when the person asking a question didn’t do the download. Uch!
Some common topics on Reddit include:
- s Subpoena issued by Strike 3 Holdings;
- Settlements with Strike 3 Holdings;
- Whether or not their owner, James Gibson, is a real person;
- Federal District Court assigned case numbers for each lawsuit;
- How many defendants are named in each case; and how much settlements have been offered to them; and – Whether or not a Motion To Quash was filed against some particular Plaintiff.
Additionally, discussions around whether enough evidence has been provided by the plaintiff attorneys in order to prove infringement (the link I just provided here is the answer — that the so-called evidence they would need is the PCAP file, and this is missing in almost every one of their lawsuits) is present can also be seen on these threads.
It’s important to note that while this kind of information can be helpful when trying to decide whether or not you should settle a claim with Strike 3 holdings, it should always be taken as just one factor among many when making such decisions. If you don’t mind cringing for a moment, you should really consider speaking to an attorney (me or anyone else) rather than taking advice from people who are just as curious about these lawsuits as you now are.
PS – Just in case you wanted to see this article on Reddit, here you go.
What happens when a company wins a lawsuit?
Well, well, well. Looks like somebody won a lawsuit. Congrats to them — they must be feeling pretty good right about now. But what does this ever happen with Strike 3 Holdings lawsuits?
Haha, sorry, no. These lawsuits end after discovery is completed, before either side files for a motion for summary judgement. Yeah, that was not English.
Once a John Doe Defendant is named and served as a defendant, he enters into litigation. Once he files an answer with the court denying all of the claims against him, each side gets to prove their case. The plaintiff attorney likely does not have evidence that you actually did the downloading (their “EXHIBIT A” is not sufficient evidence to find you guilty of copyright infringement).
Thus, he will try to get you to agree to attend a deposition, where he would ask you questions “under oath” (which means your answers will be considered ‘testimony’). If you did the downloading of their copyrighted videos, it will be here that you’ll be admitting guilt to copyright infringement (which means you’ll be settling soon after the deposition). If you didn’t do it, it will be here that the plaintiff attorney will be dismissing you from the lawsuit.
All said and done, these cases almost NEVER go to trial. They die or defendants are forced to settle after the deposition.
Conclusion
Strike 3 Holdings LLC is a company that pursues copyright infringement cases on behalf of adult content creators. The company is successful in going after alleged infringers, and has been able to achieve many settlements outside of the courtroom.
The company is able to use the federal court subpoena system to force the ISPs to uncover the identities of the accused downloaders who thought their internet activities were anonymous. These same accused defendants get thrust into a litigation world they don’t know anything about, and because they don’t realize that filing a motion to quash is usually not a good idea, they end up sucked into some reality where they just paid someone $2,500 to file a motion to quash only to learn that they lost.
Then, that defendant is manipulated by the attorney into settling the claims against him — even if he did not do the downloading. If he does not settle, he is told that he will be named and served as a defendant, and this is not always the case.
But, I guess if there is any advice I can give, I would concede that while there might be enough information about Strike 3 Holdings LLC lawsuits available on Reddit and other similar forums, this is my advice. It is important for anyone considering any interaction with Strike 3 Holdings LLC (whether settling, whether filing a motion to quash, or whether employing any of the many strategies we share on the TorrentLawyer website), to do their own research and consult with an attorney first before doing anything that could enmesh them in a spider web of annoyance which will cost them more money they would have ever wanted to spend on questionable lawsuits like the Strike 3 Holdings lawsuits.
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FOR MORE INFORMATION: Again, if you have been implicated as a John Doe defendant in a lawsuit, 1. and 2. (below) are the TWO (2) main articles you should read immediately:
- “ISP Subpoena Notification Received – WALKTHROUGH.”
- “JUST THE FACTS.”
- “Everything You Need To Know in One Page About Your Lawsuit [FAQ]”
- “In-Depth. Their Lawsuits, Their Strategies, and Their Settlements”
FOR IMMEDIATE CONTACT WITH AN ATTORNEY: To set up a free consultation to speak to an attorney about your lawsuit, click here. Lastly, please feel free to e-mail me at info[at] cashmanlawfirm.com, or call 713-364-3476 to speak to me now about your case (I do prefer you read the articles first), or to get your questions answered.
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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.