How Strike 3 Holdings Lawsuits use an “EXHIBIT A” spreadsheet and your IP Address history to prove their claims of infringement.

Things to know about Strike 3 Holdings EXHIBIT A spreadsheets:

• You can find the EXHIBIT A spreadsheets attached to each complaint as a separate document that you can download.
  
• These “EXHIBIT A” spreadsheets list the alleged dates and times that their copyrighted titles were allegedly downloaded by the ISP account holder.
• Strike 3 Holdings Lawsuits connect the IP address which was used to download the copyrighted title to the ISP account holder by having the ISP identify a particular account holder as being the one assigned a particular IP address on a particular date and time.
  
• It is THIS EXHIBIT A document that they use to calculate the dollar amounts they will ask for when negotiating a settlement.

Have you read enough? Book Now to get help. > > >

My opinion – the Strike 3 Holdings EXHIBIT A spreadsheet employs an interesting scare tactic – multiple instances of infringement.

I have reason to believe that their spreadsheet is inaccurate because I have spotted dates and times where a download allegedly happened, but my client was out of town or had documentation that they were in another location.

As scary as it is, the “EXHIBIT A” spreadsheet is not useful in your defense.

That being said, REMEMBER: a copyright infringement lawsuit asks for STATUTORY DAMAGES of $150,000 for ONE instance of infringement.

Claiming that “my client illegally downloaded these copyrighted videos, but not these copyrighted videos” is a pretty bad argument. There are other methods, however, of negotiating a settlement that are not based on whether you downloaded a particular video on June 4th, 2021.

I also wanted to point out that Strike 3 Holdings Lawsuits (even recent ones) do not sue a person for downloading one movie or film. Rather, they hide in the shadows on the BitTorrent networks and wait MONTHS, IF NOT YEARS letting the accused defendant download more and more of their copyrighted titles.

Once the defendant downloads enough titles (usually around 26 of their copyrighted adult film videos), they will file the lawsuit.

The results of their “lurkings” are seen on the Strike 3 Holdings EXHIBIT A spreadsheet.

Have you read enough? Book Now to get help. > > >

Strike 3 Holdings Lawsuits are won or lost at the DEPOSITION, not by arguing the correctness of the “EXHIBIT A” spreadsheet.

I have other issues with the list of titles my client allegedly downloaded on their “EXHIBIT A” spreadsheet, but really, the accuracy of their spreadsheet is not relevant.

Why? Because in a deposition, the Strike 3 Holdings lawsuit needs only to prove that it is “more likely than not” that you downloaded ONE of their copyrighted videos. They can easily get to this proof by putting you in a room with a court reporter (e.g., in a deposition), putting you under oath, and taking your testimony.

Think about it. If they put you under oath and ask you, “Have you downloaded, streamed, or viewed one or more of our copyrighted videos,” and you say yes, you have a $150,000 problem.

Whether you were there downloading on June 4th, 2021, as per line 7 of the “EXHIBIT A” spreadsheet, is irrelevant.

The reason I might not do this right away — again — is that it is your TESTIMONY UNDER OATH (e.g., during a deposition) that would find you guilty of copyright infringement, not whether the hash value on their spreadsheet matches the file or video you allegedly downloaded by BitTorrent.

So at best, this would be an intellectual tech-based “good to know” article, but it wouldn’t help you win your lawsuit. Thus it is a very LOW PRIORITY to write this article.]

Have you read enough? Book Now to get help. > > >

The “EXHIBIT A” spreadsheet of claims IS relevant to calculate the settlement numbers they will ask you to pay.

I guess what I need you to know about the Strike 3 Holdings EXHIBIT A spreadsheet is that it contains dates and times you allegedly downloaded their copyrighted videos. Strike 3 Holdings Lawsuit uses this spreadsheet merely to calculate how much they will ask you to pay to settle the claims against you.

If Strike 3 Holdings LLC has properly:

1. done their research to make sure they are suing the right person, and
   
2. they sue the actual ISP account holder who was assigned the IP address at the date and time the download happened (meaning, if they sue the correct person as the “John Doe subscriber assigned IP address XYZ,”),

THEN:

They will use their Strike 3 Holdings EXHIBIT A spreadsheet to multiply a per-title settlement amount by the number of downloads listed on that document.

Have you read enough? Book Now to get help. > > >

—

FOR IMMEDIATE CONTACT WITH AN ATTORNEY: To set up a free consultation to speak to an attorney about your Strike 3 Holdings, LLC 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.

CONTACT FORM: If you have a question or comment about what I have written, and you want to keep it *for my eyes only*, please feel free to use the form below. The information you post will be e-mailed to me, and I will be happy to respond.

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.