Strike 3 Holdings EXHIBIT A spreadsheets can usually be found attached to each lawsuit. These “EXHIBIT A” spreadsheets list the alleged dates and times that their copyrighted titles were allegedly downloaded by the ISP account subscriber.
Strike 3 Holdings Lawsuits connect the IP address which was used to download the copyrighted title to the 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 document that they use to calculate the dollar amounts they will ask for when negotiating a settlement.
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My opinion – the Strike 3 Holdings EXHIBIT A spreadsheet employs an interesting scare tactic – multiple instances of infringement.
I personally 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 which 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 do not sue a downloader for only one claim of copyright infringement. Rather, they lurk 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.
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Strike 3 Holdings Lawsuits are won or lost at the DEPOSITION, not by arguing the inaccuracy 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.
[NOTE TO THE READER: If I have time, I will create a short article describing Strike 3 Holdings’ “EXHIBIT A.” I will describe the various columns, the UTC Dates and Times the download allegedly happened, etc. I will explain what a “hash” is, and I will explain how I sincerely doubt a hash actually matches the lower-quality file you might have downloaded via BitTorrent. I will also discuss why I believe their list is out of date order, and why I believe their list might be missing titles you may have downloaded after the date this document was submitted to the court. Lastly, I would enjoy discussing the PCAP file.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 very LOW PRIORITY to write this article.]
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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 subscriber who was assigned the IP address at the date and time the download actually 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. > > >
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