Strike 3 Holdings, LLC actually sent me a frightening ISP subpoena letter. Can you advise me on how to best avert this colossal crisis before the deadline?

WALKTHROUGH (JOHN DOE): I WAS CAUGHT DOWNLOADING ADULT FILMS. WHAT IS THE EASIEST WAY TO UNDERSTAND THE ISP SUBPOENA NOTIFICATION LETTER THAT I RECEIVED AND WHAT ARE MY OPTIONS ON HOW TO PROCEED?

WALKTHROUGH (SERVED): I WAS JUST NAMED AND SERVED AS A DEFENDANT (RECEIVED A SUMMONS). WHAT DO I DO AND HOW LONG DO I HAVE TO RESPOND?

WHO IS SUING:

STRIKE 3 HOLDINGS LLC

WHAT ARE THEY SUING FOR:

THE UNLAWFUL DOWNLOAD OVER TIME OR STREAMING OF ADULT MOVIE TITLES PRODUCED UNDER THE BLACKED, TUSHY, AND VIXEN BRANDS.

WHAT DO THEY WANT:

ONE SETTLEMENT FOR THE UNLAWFUL DOWNLOAD OR STREAMING OF THEIR COPYRIGHTED ADULT MOVIE TITLES PRODUCED UNDER THE BLACKED, TUSHY AND VIXEN BRANDS.

HOW FAR ARE THEY WILLING TO GO?

DEPENDS ON WHICH FEDERAL COURT THE CASE IS FILED IN. DEPENDS ON THE PROCLIVITIES OF THE PLAINTIFF ATTORNEY / STRIKE 3 HOLDINGS LLC’S LOCAL COUNSEL, AND WHETHER HE/SHE IS WILLING TO NAME AND SERVE EACH DEFENDANT, AND WHETHER HE/SHE IS WILLING OR ABLE TO CONDUCT DISCOVERY.

HOW ARE THEY SUING?

THEY FILE A COPYRIGHT INFRINGEMENT LAWSUIT IN FEDERAL COURT AGAINST ONE UNKNOWN “JOHN DOE” DEFENDANT WITH ONE ACCUSED IP ADDRESSES. TRACKING OF THE DEFENDANT OFTEN TOOK PLACE FOR MONTHS OR YEARS BEFORE THE LAWSUIT WAS FILED. JUDGE ALLOWS THEM TO SEND A SUBPOENA TO THE ACCUSED DEFENDANT’S ISP FORCING IT TO PROVIDE THEM THE ACCUSED “JOHN DOE” DEFENDANT’S CONTACT INFORMATION (AND OTHER RELEVANT INFORMATION).

* 2020 UPDATE: MIAMI-DADE FLORIDA STATE-BASED LAWSUITS BASED ON “PURE BILL OF DISCOVERY” AND NOT COPYRIGHT INFRINGEMENT

STRIKE 3 HOLDINGS, LLC HAS DEVISED A WAY OF UNMASKING THE IDENTITY OF ACCUSED DOWNLOADERS *WITHOUT* NEEDING TO GO THROUGH A FEDERAL COURT SUBPOENA PROCESS.

SEE THE 2019-2020 “MIAMI-DADE STRIKE 3 ARTICLES”:

INITIAL ARTICLE EXPLAINING HOW THEY ARE USING THE STATE COURTS TO UNMASK DEFENDANTS’ IDENTITIES.
FOLLOW-UP ARTICLE EXPOSING THE ATTORNEYS BEHIND THE SCHEME
RECENT ARTICLE EXPLAINING HOW DEFENSE ATTORNEYS ARE LURING DEFENDANTS IN WITH A “BAIT AND SWITCH” WHICH ENDS UP FORCING THEM TO SETTLE OR BE SUED.

STRATEGIES:

1) HAVE AN ATTORNEY DEFEND THE CLAIMS IN LITIGATION (RESULT: ATTORNEY FEES, NOT REFUNDABLE; EVENTUAL DISMISSAL).

2) HAVE AN ATTORNEY NEGOTIATE A SETTLEMENT COVERING ALL PAST CLAIMS OF COPYRIGHT INFRINGEMENT FOR THE MOVIE TITLES PROUCED BY BLACKED, TUSHY, AND VIXEN.

SETTLEMENT WILL BE BASED ON THE PROFILE OF THE DOWNLOADER (DEMOGRAPHIC, INCOME, AND SOCIAL NETWORK INFORMATION). AMOUNT OF SETTLEMENT WILL TAKE INTO CONSIDERATION WHAT OTHER DOWNLOADS HE HAS DOWNLOADED, AND WHAT OTHER MOVIES HE HAS SEEN (AND WHETHER THOSE MOVIES ARE CLIENTS OF THE PLAINTIFF ATTORNEY).

ABILITY TO PAY AND WHETHER THE DOWNLOAD ACTUALLY HAPPENED (OR WHETHER THE MOVIE WAS ACTUALLY STREAMED) IS A RELEVANT FACTOR IN CONSIDERING THE SETTLEMENT AMOUNT.

3) HAVE AN ATTORNEY ACT AS A BUFFER BETWEEN YOURSELF AND THE PLAINTIFF ATTORNEY. THIS IS OFTEN CALLED THE “IGNORE” ROUTE BECAUSE NEGOTIATING A SETTLEMENT IS * NOT * THE INTENDED OUTCOME.

– FOR A DEFENDANT WHO DID NOT DOWNLOAD OR STREAM THE MOVIE: THE GOAL OF THE “IGNORE” ROUTE IS TO KEEP AN OPEN LINE OF COMMUNICATION WITH THE PLAINTIFF ATTORNEY TO CONVINCE HIM/HER THAT THE ACCUSED JOHN DOE DEFENDANT IS NOT THE DEFENDANT THE ATTORNEY IS LOOKING FOR — THAT HE DID NOT DOWNLOAD OR STREAM THE MOVIE TITLES PRODUCED BY BLACKED, TUSHY AND VIXEN, AND THAT HE IS NOT INTERESTED IN PAYING A SETTLEMENT.

– FOR A DEFENDANT WHO DID DOWNLOAD OR STREAM THE MOVIE: THE GOAL OF THE “IGNORE” ROUTE IS TO CREATE A BUFFER ZONE BETWEEN THE PLAINTIFF ATTORNEY AND THE ACCUSED JOHN DOE DEFENDANT.

THE GOAL IS TO STOP THE PLAINTIFF ATTORNEY FROM HAVING ANY COMMUNICATION WITH THE DEFENDANT, TO STOP ALL CORRESPONDENCES AND SETTLEMENT DEMAND LETTERS, AND TO FUNNEL ALL COMMUNICATIONS THROUGH THE OFFICE OF THE CASHMAN LAW FIRM, PLLC. WE WOULD MONITOR THE CASE FOR CHANGES THAT AFFECT YOUR JOHN DOE ENTITY, AND WE WILL BE YOUR EYES AND EARS UNDERSTANDING EVERY EVENT THAT OCCURS IN THE CASE, AND WHAT THE RELEVANCE OF EACH EVENT IS.

THE INTENDED OUTCOME IS FOR THE PLAINTIFF ATTORNEY TO DECIDE TO NAME AND SERVE OTHER DEFENDANTS (AND THIS DOES HAPPEN). HOWEVER, SHOULD YOUR DEFENSE ATTORNEY DECIDE THERE IS A “HIGH RISK” OF BEING NAMED AND SERVED, SETTLEMENT WILL BE SUGGESTED.

4) HAVE AN ATTORNEY DRAFT A “NO SETTLEMENT LETTER” ON YOUR BEHALF INFORMING THE PLAINTIFF ATTORNEY 1) THAT NOBODY IN THE FAMILY WATCHED OR DOWNLOADED THE MOVIE, AND THAT 2) NO SETTLEMENT WILL BE PAID, PERIOD.

NOTE: A “NO SETTLEMENT LETTER” IS A DISCOUNTED MEANS OF INFORMING THE PLAINTIFF ATTORNEY THAT NO SETTLEMENT PAYMENT WILL BE MADE, AND THAT HIS CHOICE IS EITHER TO NAME AND SERVE THE DEFENDANT OR LEAVE HIM BE. BECAUSE THIS IS A DISCOUNTED “BAREBONES” STRATEGY, NO FURTHER COMMUNICATION WILL BE MADE WITH THE PLAINTIFF ATTORNEY.

RESOURCES:

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FAQ SECTION:

Why are Strike 3 Holdings, LLC suing John Doe defendants?
Strike 3 Holdings, LLC is suing John Doe defendants for the unlawful download or the streaming of adult movie titles produced under the Blacked, Tushy, Vixen, and Deeper brands.
What does Strike 3 Holdings, LLC want from me?
Strike 3 Holdings, LLC wants one settlement for the unlawful download or streaming of their copyrighted adult movie titles produced under the Blacked, Tushy, and Vixen brands.
How far is Strike 3 Holdings, LLC willing to go in their lawsuits?
How far Strike 3 Holdings is willing to go depends on which federal court the case is filed in. It depends on the proclivities of the plaintiff attorney, and whether he is willing to name and serve each defendant. It also depends on whether the Strike 3 Holdings, LLC local counsel is willing or able to conduct discovery to determine whether the accused defendant actually downloaded their copyrighted videos.
How does Strike 3 Holdings, LLC typically sue defendants for copyright infringement?
Strike 3 Holdings, LLC sues defendants by filing a copyright infringement lawsuit in federal court. The lawsuit is filed against one unknown “John Doe” defendant accused of using one IP address.
Does Strike 3 Holdings, LLC sue immediately upon determining that the accused defendant is downloading or streaming their content?
No. Strike 3 Holdings, LLC tracks the defendant for months or years before they file the lawsuit.
How does Strike 3 Holdings, LLC obtain the identity of the accused defendants?
After filing the copyright infringement lawsuit in a federal court, Strike 3 Holdings, LLC asks the federal judge to allow them to send a subpoena to the accused defendant’s ISP. The subpoena forces the ISP to prove them the accused defendant’s contact information and other relevant information.
Does Strike 3 Holdings, LLC only sue in federal courts?
No. In 2019, Strike 3 Holdings exploited Florida’s Bill of Discovery laws and used the Miami-Dade Florida county court to expose the identity of thousands of accused defendants.
Who are the attorneys behind the Strike 3 Holdings, LLC lawsuits?
The attorneys behind the Strike 3 Holdings, LLC lawsuits are Lincoln Bandlow and John Atkin.
Strike 3 Holdings, LLC separates out their local counsel by territories. Some attorneys control all of the lawsuits in one or two states, others take entire territories. Strike 3 Holdings, LLC attorneys and their personalities can be found here.
When I am sued as a John Doe by Strike 3 Holdings, LLC, what are my options.
When sued as a John Doe defendant in a Strike 3 Holdings, LLC lawsuit, the three options are to 1) file a motion to quash (or decide why it is a good idea not to file a motion to quash), 2) settle the claims against you, or 3) fight the claims in court through litigation.

ARTICLES WRITTEN ABOUT STRIKE 3 HOLDINGS, LLC ACTIVITIES:

Below are recent articles we at the Cashman Law Firm, PLLC have written on the Strike 3 Holdings, LLC plaintiff:

“Just The Facts: Strike 3 Holdings, LLC,” written on 11/5/2017

“Everything you need to know in one page about your Strike 3 Holdings, LLC (“Blacked, Tushy, and Vixen brand”) adult movie lawsuits and ISP subpoenas,” written on 11/5/2017

“HUMOR: Did Strike 3 Just Call Their Defendant “John Doe Infringer”?” written on 2/20/2020

“Why incorrect attorneys are listed on Strike 3 Holdings LLC case dockets,” written on 5/3/2019

“How Similar are Strike 3 Holdings and Malibu Media Lawsuits?” written on 11/15/2017

“Why Copyright Troll Non-Practicing Entities Should NOT Benefit From Copyright Laws,” written on 11/15/2017

ARTICLES WRITTEN ABOUT THE 2019-2020 “MIAMI-DADE STRIKE 3” FLORIDA COUNTY COURT CASES:

INITIAL ARTICLE EXPLAINING HOW THEY ARE USING THE STATE COURTS TO UNMASK DEFENDANTS’ IDENTITIES.:

“Strike 3 Holdings is NOT suing Miami-Dade County defendants for copyright infringement,” written on 10/31/2019

FOLLOW-UP ARTICLE EXPOSING THE ATTORNEYS BEHIND THE SCHEME

“Strike 3 Holdings Attorneys in Miami-Dade Florida County Have a “Behind The Scenes” Shadow,” written on 1/20/2020

RECENT ARTICLE EXPLAINING HOW DEFENSE ATTORNEYS ARE LURING DEFENDANTS IN WITH A “BAIT AND SWITCH” WHICH ENDS UP FORCING THEM TO SETTLE OR BE SUED.

“Why filing a motion to quash in a Strike 3 Holdings LLC Miami-Dade Florida case might not be the correct approach,” written on 2/10/2020

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