Last Updated on August 12, 2025 by Rob Cashman
Have you been on the receiving end of a subpoena notice from your ISP? Chances are that your first thought was “what is this going to cost me?!” and fortunately, with the right kind of attorney, the a Strike 3 Holdings settlement is surprisingly within your reach.
Federal court filings based on a person’s IP address have become notorious for its aggressive high-pressure tactics in an attempt to extract a cash payment from each “alleged” copyright infringer. But with no attorneys writing the answer as to the actual amount a settlement might actually be (until now, all you knew was that the settlement price varies), I understand that it can be incredibly frustrating trying to weigh your options and decide on what path you should take.
I hope to take some of that stress away with this MONSTER of an article; hopefully what I am sharing here will help. I have NO DOUBT that getting through this article in one sitting (or even ten sittings) is nearly impossible. Come back to this article as often as you need to.
If you need more information after reading this, please feel free to contact me at the Cashman Law Firm PLLC so that I can answer your questions.
Why I wrote this article: It’s time that we take away some of the mystery around what is [in my opinion] nothing more than an extortion scheme. I hope to share everything I know about the tactics they use in soliciting a settlement – including typical settlements amounts, and how they arrive at that number!
In this article, I’ll review all the facts surrounding these federal court filings so that you will have everything you need when making your decision of what to do.
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Table of Contents
WHAT DO THE STRIKE 3 HOLDINGS LAWSUITS WANT?
Strike 3 Holdings, LLC is a adult film company that sues those they believe copied or streamed their copyrighted titles without permission. They do this by filing Civil Cases in federal courts against an unknown “John Doe” defendants.
Each defendant is suspected of illegally copying or streaming copyrighted films using peer-to-peer software.
Each filing seeks monetary damages ($150,000 per instance of infringement). However, an accused defendant can hire an attorney and negotiate a one-time payment in return for a release of liability and a dismissal of the case… all for a lot less.
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CONTEXT:
Providing just a bit of context, this copyright holder has become well-known by the U.S. District Court judges for their thousands of filings in each state. Over 10,000 lawsuits have been filed by them since 2017. They claim over three million illegal video views, and they are known for their aggressive high-pressure tactics.
A main strategy is the pursuit of lump sum payments from accused individuals. Too often, they ask for exorbitant amounts compared to other copyright holders who also filed these cases in federal courts. If the defendant cannot afford the original amount demanded of them, then they attempt to begin an invasive analysis into your assets to determine what you can pay. It is common for them to ask for bank account information and tax documents, but your attorney should not comply with these requests.
In my opinion, there is no need to provide any financial documentation in such a negotiation. They are simply not entitled to this information without first naming and serving the defendant.
And, if we can negotiate a release of liability and a dismissal of the case without providing them any of your financial documentation, this is my preference. But, if you do not have the numbers they are asking for, we can still settle your case. As an attorney, you and I might decide to provide them financial documentation so that we can help them pinpoint an exact amount that will cause them to accept the offer we negotiate on your behalf. Such a “hardship based” settlement makes use of your inability to pay the obscene amounts they ask for.
Remember — when dealing with this copyright holder, it is important to understand what their motive is: to separate you from your pocket book.
Knowing the ‘statutory damages’ you could potentially be liable for if found guilty might seem important when making decisions about your case; however, this is a misdirection and a fear tactic used by ‘settlement factory’ attorneys.
The real analysis is determining the amount demanded by the movie company, then determining how much lower than the original amount we will be able to negotiate based on what they have accepted in the past. Only then — if we are able to prove financial hardship and get a settlement amount that is significantly lower (than one we can negotiation without sharing your financial information), then yes, we could make use of your financial information, helping you settle and remain private.
QUESTIONS: A Strike 3 Holdings subpoena arrived in the mail. I looked online, and “Settlement Factory” attorneys scared me into thinking I should settle my Strike 3 Holdings lawsuit.
1) What are the pros and cons of settling with Strike 3 Holdings?
2) Do anonymous settlements protect my rights?
3) Does receiving a subpoena from Strike 3 Holdings LLC mean I have been actually sued?
SHOULD YOU PAY THEM ANYTHING?
There are clear reasons WHY [as an accused defendant] you might decide to settle the claims against you.
There are also clear reasons WHY NOT to settle.
Knowing when to offer a payment in return for a release and a dismissal (and knowing the timing of when NOT to make such as offer) based on an unemotional analysis of TIMING AND RISK [as opposed to the fear tactics that many “settlement factory” attorneys might employ] can give you EXACTLY the advantage you need when responding to the ISP subpoena notification letter that you just received in the mail.
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WHEN YOU WOULD NOT PAY A SETTLEMENT TO SETTLE A STRIKE 3 HOLDINGS LAWSUIT?
In short, there are certain times you should NOT offer any kind of payment.
For example, under no circumstances should you offer anything if you did not view or copy their movies. Without evidence to prove that you copied their copyrighted adult movies, you cannot be found guilty of copyright infringement.
You might have been told that “fighting a case on the merits is significantly more expensive than just paying them to release you from the lawsuit.” This is honestly not true. Strike 3 cases throughout all federal courts all go through the same procedural steps. The burden of proving that you are guilty is on THEM, not you. Thus, the passive approach of “defending the claims against you” can be significantly cheaper than anything they might ask you to pay them.
Other factors might lead me to suggest that settling may not be the best option for you. For example, if your age or financial documentation indicate that you might not be able to pay anything they ask for, then perhaps settling is not the right approach.
There are ways to let the plaintiff attorney know that you cannot afford to pay them. I have written about it in the past referring to it as a “no settlement letter.”
Obviously, a “no settlement letter” strategy wouldn’t be successful as a viable Strike 3 defense strategy if you were named and served. However, having an attorney explain that you cannot afford to pay them might be all that is needed to avoid them having you fight the claims against you
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1) WHEN YOU DID NOT DOWNLOAD THEIR VIDEOS
Settling with Strike 3 Holdings, LLC involves signing a settlement agreement that generally requires them to release you from all claims and liabilities related to the lawsuit. This means that when you enter into such an agreement, the civil case against you will be dismissed in Federal Court. No reporting to your internet company is necessary, as they are not involved in the litigation. Their only job is to comply with the subpoena that is sent to them.
There is no reason to pay them if they wouldn’t be able to prove that you did the copying of their movies in the first place. Remember — the burden is on THEM to prove that you copied their copyrighted titles without a license. It is NOT your job to prove that you did not copy their content.
If you did not do the engage in the illegal copying of their content or distributing of illegal content as alleged in their complaint, then you should not be settling. Why? Because paying them might suggest that you accept responsibility for something you did not do, or for something which was done by someone else. Remember, you are not responsible for any copyright infringements that occur on your internet account without your knowledge and consent.
In my opinion, if you did not do the downloads, then paying them anyway is unfair. Any attorney who suggests otherwise could be engaging in unethical conduct. This is my main issue with volume-based settlement factories — these law firms encourage and often use fear tactics to push a settlement. But what their clients do not realize is that NO SETTLEMENT might have achieve the same dismissal (and for many thousands of dollars less).
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If there is no proof linking you to copying or distributing their copyrighted content, then again — you should not pay them anything. If you have read my other articles, remember that the “EXHIBIT A” listing multiple dates and times where they believe you copied their content is NOT SUFFICIENT to prove that you were the one at the keyboard. To prove you are guilty, they need to obtain your TESTIMONY [in the form of you answering questions under oath in a deposition]. Without this testimony, proving their complaint becomes difficult. Thus, you see that fighting your case against Strike 3 Holdings on the merits could end up being significantly less expensive than paying them out-of-court.
Obviously, before you go and act on what I have written in this article, I urge you to seek legal advice from an experienced attorney before considering entering into litigation with them or any other copyright holder. You can contact a Cashman Law Firm, PLLC attorney here to represent you in your Strike 3 Holdings lawsuit. If for some reason I cannot speak to you immediately [here might be why], I will still be willing to assist you even if you do not become a client of our law firm.
2) WHEN THE PRICE OF LITIGATION COSTS LESS THAN SETTLING.
As we just read, if you did not do the copying of their content, then fighting the case on the merits (a.k.a. passively “litigating”) can be significantly cheaper than paying anything they might ask for. This is because the ‘burden of proof’ [to demonstrate to the court that you are guilty of copyright infringement] is on the company suing you. It is NOT YOUR JOB to prove that you did not download their copyrighted films.
This means that [assuming you did not do the copying], you can fight the case and win without having to spend large amounts of money. Rather, cooperating with the plaintiff attorney’s requests might be sufficient to get you out of trouble. I don’t consider this approach anything close to “trying your luck in a federal court.” Rather, I am merely sharing with you a simple analysis of RISK. If you did not do the copying, then they likely will not be able to extract the testimony they require to prove that you copied their films.
Yes, fighting against them on the merits will cost you time (and money), and you will be paying your attorney (me, at the Cashman Law Firm PLLC, or any other federal court attorney like me) for preparing each step of this process. A barebones defense might include filing documents in court up to answer the complaint. It might include a case management hearing, along with some back-and-forth with the plaintiff attorneys. It might also include coaching you on how to truthfully answer questions when attending a deposition. Lastly, even if we did not want to pay them anything, some price negotiations might take place because they usually offer one or more ways out of the case, so we might need to entertain them. In sum, I understand fully that entering into actual court practice at the US District Court (federal court) level is scary, but that is simply what we are trained to do.
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So while you might be frightened about considering a defense strategy, most experienced attorneys (including myself) will tell you that for your plaintiff, you will likely NOT go into a full blown legal battle. More often than not, there are checklist items to take care of in every court case, but they will not necessarily cause you to pay more than you would in a settlement. Remember, the plaintiff attorney also pays their attorneys for the hours they spend in the courts, so they too want to minimize the time spent in litigation!
Thus, the lawsuit would likely be limited to the pre-trial stages of the federal court lawsuit. [Assuming that you did not download their videos online], the lawsuit should end shortly after Strike 3 Holdings, LLC realizes that they do not have evidence to prove that you downloaded their copyrighted content.
Again — before you go off any cooperate with them in litigation, you should probably speak to an attorney (speaking to me is fine), and have an attorney help you analyze the risk of this approach.
3) WHEN YOU WOULD NOT BE NAMED AND SERVED ANYWAY.
There are several instances when you may not be named and served regardless. For example:
- if you’re elderly or have nothing to pay them with,
- if you did not do the copying or streaming yourself, or
- if you can provide them with the name and address of the person who actually did the infringement.
You would also likely not be served if it might be embarrassing for them to take you to court.
In each of these cases, paying them anything is probably unnecessary. It is my opinion that you would be wasting your money if you paid to have them dismiss you from the lawsuit, especially when you could have achieved the same result if you did not settle.
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Obviously again, speak to me in order to analyze the risk if this applies to you. The reason for this is that just because you are not the type of person they typically name and serve as a defendant, this does NOT mean that you have a legal defense to the copyright infringement. If you did view, copy, or stream their videos, you can still be named and served and you could lose if they brought the case to trial.
4) WHEN YOU ARE ELDERLY OR CANNOT PAY.
If you are an elderly person and have nothing to pay them, then there is a low likelihood that they would name and serve you as a defendant.
Obviously, the question of whether you have “nothing to pay” is one where you should probably speak to an attorney. I could ask you a few questions so that you can gauge the various ways they could see your circumstances. If you can pay even a small amount, they will still ask you to pay a settlement. However, if you cannot pay even that, well, this might be a reason in itself why you should not be settling the claims against you.
Remember, just because you cannot pay anything to them does not mean you can ignore their lawsuit. They could still name and serve you as a defendant and proceed into litigation against you.
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5) WHEN THEY KNOW YOU DID NOT DO THE DOWNLOAD.
If you have been accused of viewing or streaming their adult films and you know that you are not the one who did it (even if you do not know who did it), it is your right to fight the claim against you. In a lawsuit such as yours, the plaintiff must prove that it is “more likely than not” that YOU are responsible for the infringements.
But, if they cannot prove this [especially when you were not the one viewing their content], then they probably cannot muster enough evidence to find you guilty.
However, let’s simply this. Practically, any copyright holder should not name and serve you if they learn that you were not the one who viewed or copied their videos. It is not your job to prove to them who did infringe. If you know who did it (e.g., if you have a roommate who won’t take responsibility for this, or if you have neighbors or workers who used your internet connection to play online adult films on their computer without your knowledge and consent), then you can have your attorney share this information with them.
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Remember, you were implicated ONLY as a “John Doe subscriber assigned IP Address.”
A “John Doe” legally is merely a PLACEHOLDER when the plaintiff does not know the real identity of who did the ‘crime’ they are suing to remedy. If your attorney informs the plaintiff attorney that it wasn’t you who viewed, streamed, or copied their content, but it was “that guy,” then the plaintiff could just as easily go after that guy. When they decide who they want to name and serve, the proper person to serve would be “that guy,” and not you.
Obviously, if you are considering this option, it is important to retain an attorney to represent you for this brief interchange. The plaintiff attorney might ask you to sign some documents, to draft and sign a declaration, or to provide testimony under oath. For any of these, you should really be represented by an attorney who could keep you out of trouble when employing this strategy.
6) WHEN THEY MIGHT BE EMBARRASSED TO TAKE YOU TO COURT.
Because of the predatory nature of Strike 3 cases throughout the US, judges often give their cases extra scrutiny. If you have done nothing wrong but they still decide to move forward against you anyway, a judge might take action against the adult file company in the form of sanctions or some other penalty.
Similarly, if they name and serve a person who cannot defend themselves — for example, someone with a mental disability, or some handicap which a court might look sympathetically upon that individual regardless of whether they did the unlawful copying or not — naming and serving that individual could be a tragic mistake for that company.
The reason for this is that federal court cases of a certain type are often all assigned to one judge to handle and adjudicate all of the cases of that type. If a plaintiff attorney upsets the judge or insults his moral code, this judge can have negative effect on each and every one of the plaintiff attorney’s HUNDREDS OF OTHER CASES in that federal court. (This has happened with both these cases and Malibu Media cases; Malibu Media cases are no longer being filed).
Remember, who you are (or what you have gone through) is not a legal defense to copyright infringement. It is just one consideration why it might be better not to settle the claims against you. You can have your attorney design a strategy around your special circumstances. Maybe they can even make it unfavorable for the plaintiff attorney to name and serve you.
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WHEN YOU WOULD PAY A SETTLEMENT AS A JOHN DOE:
If you decide to settle, there are a few items your attorney should handle to protect your rights before you pay your settlement amount. For example, the plaintiff attorney should negotiate the terms of your settlement agreement.
A settlement agreement typically involves paying out some amount of money. It also involves signing a release of liability which absolves both you any claims each of you had against the other. As part of the agreement, they would be relinquishing their right to proceed against you, and they would guarantee that they will dismiss their case against you (with prejudice).
It is my strong opinion that if you DID view, stream, or copy their copyrighted films without a license, then you should probably settle the claims against you. Obviously, there are a bunch of other approaches as an alternative. For example, fighting the case on the merits in the courtroom. But if you went down that route and you sat in front of a reporter and gave those who sued you your testimony under oath that you illegally copied their content, then you just lost the lawsuit.
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1) WHEN YOU DOWNLOADED THEIR COPYRIGHTED FILMS WITHOUT A LICENSE.
If you did the downloading, then you will probably settle the claims against you in order to provide resolution and closure of the case.
A settlement agreement will be drafted both by their attorneys (AND by your attorney*). It must be signed in order to dismiss the case that was filed against your Doe placeholder entity. This settlement agreement typically includes a release of liability and a dismissal with prejudice, meaning the case cannot be brought back to court.
* NOTE: A boilerplate settlement agreement contains clauses that any competent attorney should renegotiate. If you retain a ‘volume-based discount’ attorney, they might not be taking the extra steps to renegotiate this (you are simply not paying them for the time they would need do this). Also beware of “anonymous settlements” — they sound enticing to you if you just received a subpoena from your ISP (your internet service provider) threatening to release your name to the one that sued you. The problem is that they do not provide the basic protections that should be included in a settlement agreement for a case like these. Why? because here, the lawsuit is suing a particular ISP subscriber having only one IP address, and your “John Doe” entity downloaded THESE titles as seen in our Exhibit A.
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In my opinion, negotiating the terms of the settlement agreement is important not only to resolve the claims in this lawsuit. It is also important to write it in a way that it proactively resolves any future lawsuits that might show up in the future (for past activities). If not done right, a settlement for one case does not guarantee an end to all future filings against you related to this issue. This is something that your attorney needs to negotiate.
Accused defendants who choose to settle should always consult an attorney who has experience negotiating settlement agreement terms. It is one thing to negotiate the settlement price. If the settlement agreement does not properly protect the defendant who is potentially spending thousands of dollars to pay Strike 3 a sum of money, then that money is wasted. An improperly written settlement agreement could cause you to have to settle again when you are implicated as “another John Doe entity” in another Strike 3 Holdings, LLC future lawsuit.
2) WHEN YOU ARE PROTECTING A LOVED ONE FROM BEING NAMED AND SERVED.
If you are not the one who infringed their copyrights, there could be circumstances where you might choose to negotiate with them anyway in order to protect a loved one (e.g., a family member, a husband, or a child*). The way we at the Cashman Law Firm, PLLC phrase our settlement agreements, there are no admissions of guilt.
We also keep the settlement agreements private and confidential. This is a big different from claiming that you can settle and remain anonymous in many cases — your ISP will still release your name to Strike 3 Holdings LLC’s lawyers. However, we alter the confidentiality clause to prevent them from sharing your information with anyone. That way, we have successfully negotiated anonymous settlements NOT because we settled you as an “anonymous” defendant. But because after we are finished, even the court remains unaware of the person who actually settled the claims in the lawsuit.
Obviously, if you are settling on behalf of another person, you want that person also to be released from liability so they do not take your money and sue that person. In representing our clients, we have often expanded the scope of the settlement agreement to include others that are not listed as the account holder. That way, not only are you [the person who is paying in order to get the case dismissed, while at the same time protecting a loved one] released from liability, but we write the agreement so that we also release your loved one from liability so that they cannot later be sued.
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Just so there is no confusion, there is no legal duty to pay for the activities that another person did using your internet account. However, if the person who copied, viewed, or streamed their adult films is a family member, and they would need to pay them anyway [using your money] if they were named and served, then it makes sense that you might want to settle to keep their identity private. Remember to consult with an experienced attorney (for example, myself at Cashman Law Firm PLLC) who can help guide you through this process. We can listen to your circumstances and provide valuable suggestions about how we can phrase the terms in the agreement in order to protect you and your loved one.
* Also remember that a child under 18 is considered a minor in the legal world, and the attorney who filed the case should not name and serve a minor. Thus, in a case where the child used the internet connection without the knowledge and consent of the parent, there is absolutely no legal duty for the parent to pay thousands of dollars to settle the claims against the child.
3) WHEN YOU HAVE “LOW TOLERANCE” FOR BEING SUED (GOVERNMENT SECURITY CLEARANCE).
Being named and served in a civil lawsuit, especially one in a federal court, can cause significant disruption to your professional life. This comes up most frequently in my practice when my client has government security clearance.
If you have security clearance, then you have a low tolerance (or, zero tolerance) for being named and served in a federal court. Even being possibly identified as a defendant in a Strike 3 Holdings, LLC lawsuit could be detrimental because of the adult content, genre, and association the case has to pornography. Thus, even if you are not the one who acquired and viewed their films, you might decide that settling with Strike 3 Holdings could be the right choice. This will keep your name out of the public record and it will allow you to avoid having to deal with a court process which could cost you your security clearance (and by extension, your job).
This does not mean that if you have security clearance, then by definition you pay an elevated settlement amount. There is no reason (and no duty) to disclose to the plaintiff that we are dealing with a plaintiff who has a security clearance issue.
Similarly, on a case-by-case circumstance, sometimes simply speaking to your commanding officer and informing them that the case was filed against you and that you intend to defend the claims against you is sufficient. You could defend against your lawsuit without worrying about losing your security clearance. And better yet, you would not need to pay thousands of dollars to release you from claims that you did not even do.
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4) WHEN YOU HAVE SOMETHING TO HIDE (BECAUSE OF YOUR FAME, REPUTATION, OR NOTORIETY).
It is well known that the leverage adult film companies have in filing a case like yours is the reputation damage and embarrassment they can inflict on you, even if you didn’t do it. Whether or not the accused defendant wins the case, his name and by extension, his reputation gets tarnished merely by being accused as a defendant.
Sometimes the reputation damage is manageable — we can ask the court for a protective order to hide the identity of our client. That way, he can properly contest the claims against him. However, not all courts agree to such an order.
It does happen that our law firm will accept a defendant as a client who is settling not because they did the download, but because they are absolutely concerned that their reputation will be tarnished by litigating the claims against them (because their real name could become exposed once the accused defendant is named and served).
Similarly, it also happens that our law firm will accept a client wants us to pay them because of his or her notoriety. Simply, the client is concerned that if his name was somehow searchable on the search engines, that the media would recognize that he was accused as a defendant in a pornography case and would share this with the world.
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I want to note that for such circumstances, while the price negotiation still occurs, the fact that he did not do the download is a significant factor which can drastically reduce the settlement amount itself.
Obviously, speak to an attorney if you feel that your circumstances might place your ability to defend yourself into jeopardy. If you need us to negotiate a private and confidential settlement, this is an option too.
PROS & CONS OF COPYRIGHT INFRINGEMENT LAWSUIT SETTLEMENTS (FEDERAL COURT LITIGATION, AS A JOHN DOE).
In every case the settlement amount varies, and because each case is different, you should have an attorney negotiate it because we can obtain the best settlement possible on your behalf.
It’s important to note that while many people try and negotiate on their own without an attorney present, this can often lead to less favorable outcomes. This is due to lack of knowledge about common industry practices or legal precedent used in these types of cases. That’s why we advise clients seeking our services to consult us first before moving forward regarding any kind of resolution offered by any of Strike 3 Holding’s attorneys. We understand how intimidating it can sometimes feel navigating this type of situation. We will always strive our best to give you the best outcome. On our consultations, we will also always give you the bad news first. I do not believe in having a client become our client until he understands the actual risks and likely outcomes given his particular circumstances.
THE CONS OF SETTLING WITH STRIKE 3 HOLDINGS LLC
Any settlement can be a costly endeavor for the defendant. Aside from coming up with the funds to pay them, you will also be asked to sign a settlement agreement that also includes a release of liability of anything they did to you, even filing a frivolous case against you and costing you thousands of dollars. The process does not end there – striking a deal with them can have long-term consequences beyond dollars and cents:
First, it is important that the terms of the agreement be confidential and private. With this in mind, some defendants who hire ‘volume-based discount shops’ do not get this protection, and there is no protection against having it reported on their record that they were implicated as a defendant in federal court in one of Strike 3’s pornography cases.
Second, even though settling will result in the immediate dismissal of your case, many defendants who hire any ‘volume-based discount attorney’ are surprised at how much financial documentation that attorney discloses to the plaintiff. The documentation could include bank statements, tax returns, health or medical information, or other documentation which is simply private, and should not be shared if not absolutely necessary.
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Just so that we are clear — as an attorney, it is my preference that no documentation is provided to the plaintiff attorney when negotiating a settlement. A plaintiff attorney is not ‘entitled’ to financial information until they enter “the pearly gates of discovery.” This only happens when they name and serve a defendant. Until then, they have no right to ask for anything. Thus, if I can achieve the same result (or a similar outcome) without sharing financial documentation, I will simply not share it.
Lastly, while settling ends one lawsuit against you; there is no guarantee that other similar cases won’t come up due to multiple allegations of infringement from different IP addresses you might have had assigned to you by your ISP. Separate suits filed against other John Doe entities, associated with other IP address that were assigned to your internet account could entangle you again in subsequent lawsuits. This is why it is important that the attorney you hire to negotiate a settlement agreement on your behalf not only negotiates a price that you could afford. He MUST also negotiate the terms on the agreement itself so that you are inoculated against any future claim against you for other IP addresses you may have had.
If obtaining a settlement that also protects you from future lawsuits sounds like something you’re considering, make sure you know exactly what you’re getting into (and with what kind of attorney you have hired) before signing off on any agreements. That way you do not regret it later down the line!
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THE “PROS” OF SETTLING (INSTEAD OF MOUNTING A COPYRIGHT INFRINGEMENT DEFENSE):
Settling the claims against you can offer several benefits. First, the settlement agreement will include a release of any claims or liability against you, and the case will be dismissed in federal court. This means that [if the settlement agreement is phrased properly,] they won’t be able to file additional cases against you in the future — not for this IP address, or any other IP address you may have had.
Second, the negotiation itself and the money you pay them might be less expensive than going through the process of defending yourself in court. As you recall, this is not always the case. You’ll also avoid the risks associated with defending the claims against you. Such risks could result in you being found liable, and you having to pay damages for infringing their copyrighted titles. You might also have to pay the other side’s attorney fees.
Thirdly, settlements are usually faster than having to actually go through litigation proceedings (although this depends on how willing both parties are to negotiate). In addition, if you settle quickly enough there may even be an opportunity to present a “hardship-based negotiation” that could drastically reduce the amount you’ll end up paying.
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Lastly, settling can give you peace of mind knowing that the claims against you have been resolved. Thus, you can resume your life without ever having to worry about this again.
OTHER LEGAL DEFENSES:
Once again, throwing money at them should not be your first option in resolving the claims against you. If you have other legal defenses, it might be cheaper to assert those defenses rather than to negotiate and pay them anything.
Again, all copyright infringement lawsuits (regardless of which federal court in which state they are filed) all follow the same Federal Rules of Civil Procedure (FRCP). These rules dictate the burdens of proof each side has to win the case, and they dictate the procedures that each party must take part in to move the case to completion. Thus, regardless of whether your case is in California, Texas, or New York, they all [more or less] look the same.
Thus, if you have a legitimate legal defense, then it could be cheaper to simply have your attorney assert that defense rather than spending thousands of dollars to quickly make the lawsuit go away.
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“GOOD” LITIGATION STRATEGIES FOR STRIKE 3 HOLDINGS CASES:
Just because you might have viewed, streamed, or copied their films, there are certain defenses available to those accused of copyright infringement.
1) FAIR USE
The most common defense in an infringement case is fair use. Fair use is a doctrine that allows for a limited use of a copyrighted work without permission.
To determine if the use of copyrighted material is fair, four factors must be considered:
- the purpose and character of the use,
- the nature of the copyrighted work,
- the amount and substantiality of the portion used, and
- the effect of the use on the potential market for or value of the copyrighted work.
If the use of copyrighted material is deemed to be fair, then it is not considered to be an infringement.
2) DE MINIMIS INFRINGEMENT
Another defense available to those accused in these cases is the doctrine of de minimis infringement. This is a very limited defense that applies when only a small portion of a copyrighted work has been used. The amount of the copyrighted work used must be so small that it falls below the threshold of what is legally protectable.
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3) STATUTE OF LIMITATIONS
In some cases, an accused infringer can use the statute of limitations as a defense. This defense applies when the plaintiff waited three years from the alleged date of infringement before filing the lawsuit. In such a case, the statute of limitations has elapsed, and the plaintiff can no longer assert the claims against the accused defendant.
4) ESTOPPEL
Finally, the defense of estoppel may be available to accused infringers. Estoppel is a legal doctrine that prevents a party from making a claim if they have already taken a position in the past that contradicts their current claim.
Here, the copyright holder may be prevented from alleging copyright infringement if they previously indicated that the accused infringer had the right to make the infringing use.
For example, if they seeded the content online which the accused defendant then copied, the accused might have done so thinking that they permitted him to copy their materials (believe it or not, this actually happened in one of my cases!).
5) NEW STRATEGY: SHIFTING ATTORNEY FEES DURING LITIGATION PROCESS
Everyone knows that if you prevail in a federal court copyright lawsuit ‘on the merits’, the other side pays your attorney fees. This is true for also for your plaintiff.
For example, if Strike 3 filed cases anywhere (if they have cases filed in Florida, in the Northern District of California, anywhere), they are very quick to trade a dismissal in return for a possible win. Why? Because if they ignore the fact that the account holder might assert a valid copyright defense to their suit, they might end up paying many thousands of dollars in attorney fees.
However, a better strategy (especially for someone who intends to fight the claims against him) is to have the defense attorney offer a reasonable settlement offer early in the case.
This strategy is effective because if the final judgement amount is less than the proposed amount, even if the other side wins, they would need to pay all of the defense attorney’s attorney fees from the moment they offered the reasonable settlement all the way to the judgement.
IN SUMMARY: “GOOD” DEFENSES.
Overall, while there are many defenses in these cases, these defenses can help those accused of infringement avoid or minimize their liability. It is important to understand these defenses and consult with a lawyer if you are accused of copyright infringement.
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“BAD” DEFENSE STRATEGIES (FILING A MOTION TO QUASH A STRIKE 3 HOLDINGS SUBPOENA).
In previous articles, I have explained why filing a Motion to Quash the subpoena is a bad idea.
See this article to understand why I do not recommend this method.
In short:
- the plaintiff will claim the accused defendant is not yet a defendant (no “standing”), and
- even if the defendant succeeds in filing the motion, the plaintiff attorney can easily re-file the lawsuit (causing you to reveal your identity to them in his home state’s federal court.
[Filing such a motion is generally a bad idea because it is an extra fee to some torrent defense law firm who takes you as a client, charges you a fee for these motions knowing that they will fail. After the plaintiff attorney successfully opposes your motion, not only do they now know who you are, but they come and ask for higher settlement numbers because the opposition to your motion cost them more time. Thus, you as the defendant will be asked to pay a higher amount to compensate them for their lost time.]
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SETTLEMENT AMOUNTS
When negotiating a Strike 3 Holdings settlement, it is important to remember that their process for determining how much they ask you to pay typically involves a simple multiplication of 1) the number of titles allegedly downloaded, and 2) the “per-title amount” an attorney is able to negotiate based on the relevant circumstances in your case.
They always start their negotiations at $750/title. So if there are 26 titles, the initial ‘asking price’ will be:
$750/title x 26 titles = $19,500*.
(At the same time, $300/title x 26 titles in a hardship-based negotiation would be = $7,800, …or less.)
NOTE: Just because their ‘asking price’ is so high DOES NOT MEAN the settlement amount you end up paying will be that obscenely high. Our settlement negotiations end up been quite a bit LOWER than their asking price.
The reason for this is because settlement prices can vary significantly based on a number of factors. For example, the number of titles allegedly downloaded (as you just saw, this changes the calculations significantly), and whether or not the defendant has sufficient financial documentation to back up any counteroffers they make.
Generally speaking, it is in everyone’s best interest for the parties involved to reach an agreement in order to avoid lengthy litigation practices and court proceedings. This agreement typically involves a release of liability from both parties, as well as dismissal of all claims made against each other in federal court.
Many people find themselves struggling to negotiate realistic settlement numbers due to Strike 3’s “Settlement Factory” attorneys who charge flat rate fees instead of billing hourly like conventional lawyers. While these discount attorneys may seem more appealing financially upfront, they often do not take into account many strategies and techniques that can result in lower overall settlements costs than those offered through other legal avenues.
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Finally, depending on your personal circumstances, it may be best financially and emotionally for an individual not to settle at all. Some examples include elderly individuals without resources or anyone whose innocence can be proven before being served papers officially naming them as defendants.
Ultimately deciding when and how much one should offer them requires careful consideration and analysis – something which our Cashman Law Firm PLLC team specializes in providing through free consultation services!
HOW ARE SETTLEMENT AMOUNTS CALCULATED?
Your plaintiff follows a multi-step process when calculating what to ask for in their civil cases:
First, they file the complaint in federal court and obtain a subpoena against the account holder of the account where the activities took place. They cross-reference the subscriber’s name and address with demographic information they obtain through a paid service. This helps them understand whether the defendant they are negotiating with likely can pay them or not.
Second, if the ISP subpoena defense lawyer wishes to introduce financial documentation to show that the accused cannot pay the amounts they would be asking for, the plaintiff will consider that documentation as a counteroffer. This counteroffer would be supported by any financial documentation that is presented to them as part of the negotiations.
If they agree on a settlement and the settlement payment based on our presentation, they will approve our offer. The “hardship-based” settlement permits us to negotiate the best price possible, because the amount you pay would be based on financial data which happened prior to your settlement.
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If we are negotiating without financial documentation, they use their internal record-keeping processes to assess how many titles were copied by the Defendant or someone associated with him/her. This can be seen on the case docket as the “Exhibit A” to attachment to the complaint.
Finally, after considering all relevant factors, their preference is to calculate a proposed amount which we then negotiate down to minimize the settlement amount.
THE IMPORTANCE OF THE “EXHIBIT A” LIST.
This is a key factor that can affect the settlement amount. As described in this article, the more titles that are listed in the Exhibit A, the higher their asking price will be. It’s important to note here that this plaintiff will try to make it seem like you’re being charged for each individual title on the list, but this isn’t necessarily true. They often lump all these titles together and attempt to negotiate one flat rate for all of them.
The next factor in calculating a settlement amount is how long they have been pursuing you and any other associated fees (i.e., court costs). If they have only recently sent a subpoena to your internet service provider (ISP), then they may not have had time to accumulate evidence against you yet, making it difficult for them to argue for an inflated settlement amount at this stage in the process.
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WHAT IS THE AVERAGE NUMBER OF TITLES IN A STRIKE 3 HOLDINGS LAWSUIT?
When a case like yours is filed in federal court, the plaintiff usually lists on average, 26 titles in the Exhibit A which they attach to their complaint as an addendum. Usually, plaintiffs will include only titles that have either been illegally obtained or downloaded months before the lawsuit was filed.
This practice of reporting fewer than the actual number of titles downloaded is common in these cases. This is because they compile the list of downloads before they file the lawsuit.
The settlement agreement, when agreed upon by both parties, will typically include a release of liability for all past activities as of the date of the agreement being signed. This means if there are additional titles downloaded after the case is filed, those downloads are also included as part of the deal.
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SETTLEMENT OFFERS THAT DO NOT YIELD A COUNTEROFFER.
Even if you can afford the proposed amount which is offered to you initially, this does not mean that you will need to pay this amount. Rather, there are historical “per-title” settlement amounts that this plaintiff has agreed to settle for in the past.
We can employ a number of strategies that can lower the amount you would pay (even if you can afford the initial offered amount). Just because you can pay a settlement does not mean that you should pay the highest price they ask for.
Based on our law firm’s experience with previous settlement numbers they have accepted for our clients, it is also relevant to note that there are some ‘low ball’ numbers which do not yield a counteroffer. For example, if the defense attorney asks for a settlement amount which is “too low,” they might just accept that counteroffer and demand to see the financial records to prove that this is all that this defendant can afford to pay.
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Thus, negotiating a settlement is a balancing act. On the one hand, we negotiate for our clients a settlement that is as low as possible. We are aware as to whether our settlement offers are aggressive enough, or whether they are ‘too aggressive,’ where they might ask the other attorney to ask for financial documentation to support our settlement numbers. For a client who can afford the settlement numbers they are asking for, sharing bank account information is an outcome both I, and our clients avoid.
HARDSHIP-BASED SETTLEMENT NEGOTIATIONS (WHEN YOU CANNOT AFFORD THE SETTLEMENT PRICES THEY ARE ASKING FOR).
When the cost of a settlement offer is too steep for you to pay, and we wouldn’t otherwise be able to negotiate it down further, there are other options available. This type of negotiation is known as a “hardship-based negotiation,” which typically involves discussing your financial situation with the plaintiff’s attorney and providing them with documentation (such as bank statements) to prove that you cannot afford to pay the full settlement amount.
In a “hardship-based negotiation,” we do provide financial information to the plaintiff attorney to show that a particular settlement amount is all that our client can afford to pay.
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The plaintiff’s attorney may then agree to reduce the settlement amount in exchange for payment of a lesser sum than what was initially requested.
It is important to note that this type of negotiation should be done with caution. A hardship-based negotiation requires that we reveal personal financial information. It also often leads to protracted negotiations between both parties. Additionally, if an agreement cannot be reached through hardship-based negotiation, it could result in proceeding with the accused defendant being named and served in the suit.
It is important that anyone facing a case like this one understands all their options before making any decisions regarding settlements or litigation. We at the Cashman Law Firm PLLC have extensive experience dealing with these types of cases. We can provide advice on how best to navigate this process based on your specific circumstances and goals.
SETTLEMENT OFFERS THAT DO NOT YIELD A COUNTEROFFER (CONTINUED).
Before entering into a settlement agreement with your plaintiff, it is important to ensure that you are offered a reasonable amount that you can pay. When presented with a settlement offer, you can have your attorney propose a counteroffer suggesting that a lower settlement amount is appropriate. This will allow them to reevaluate their initial offer and potentially make their own counteroffer with the hopes that they will come to an agreement.
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Be aware, however, that this process could be lengthy and complex — requiring careful negotiation and possibly multiple rounds of negotiations — before an agreeable settlement is reached between both parties. It is important for the attorney you hire to engage in the negotiations with the knowledge of what settlement numbers the plaintiff has agreed to in the past. This way, your attorney will be knowledgeable as to which settlement offers the plaintiff attorney would likely accept, and which settlement amounts they will likely reject.
Again, there are also price points where the plaintiff attorney will assume that the negotiation is a “hardship-based” negotiation. Thus, they will approve the counteroffer and demand that the accused defendant provide bank account information or other financial documentation to prove that this counteroffer amount is all that they can afford.
For an inexperienced attorney who was merely looking to “low-ball” the initial offer, this is a bad outcome waiting to happen, because he or she might have planned to receive a counteroffer. However, because they did not understand at what per-title settlement numbers they agree to, and at what numbers they do not, the so-advertised “copyright infringement defense attorney” might stumble in suggesting a settlement amount that this plaintiff accepted without a counteroffer (but their client does not have the bank records to support that settlement offer).
Thus, “being aggressive” is absolutely important in a settlement negotiation. However, knowing how far to push, and how far is “too far,” is also a useful skill in these negotiations.
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“SETTLEMENT FACTORIES” WHO HAVE HANDLED HUNDREDS OF STRIKE 3 CASES – WHY YOU SHOULD PASS ON THEM AND THEIR ANONYMOUS SETTLEMENTS.
Because there are hundreds of individuals implicated in similar civil lawsuits in federal courts each day, defense “settlement factory” attorneys often pay hundreds of dollars per click in Google Ads to lure as many of these defendants as possible to their law firm’s website. [As a result, many defendants accidentally click on these websites and get exposed to the high pressure “settle now or else” tactics that these volume-based “settlement factory” attorneys employ. My complaint about these attorneys is that they advise that you pay a settlement regardless of whether you downloaded their copyrighted titles or not.]
Settlement factory attorneys often offer a flat [“fat”] fee service where they will negotiate with the plaintiff’s attorney on behalf of the defendant in exchange for an upfront payment. While this may sound like an attractive option, there are several drawbacks that should be considered before entering into any type of agreement with a Settlement Factory Attorney.
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1. SETTLEMENT FACTORY ATTORNEYS LACK THE SKILLS TO NEGOTIATE EFFECTIVELY.
Too often, even these attorneys lack the real expertise and negotiating skills necessary to effectively negotiate on behalf of their clients. Additionally, most Settlement Factory Attorneys do not take the time to read through the complaint thoroughly enough to identify potential issues or arguments against the Plaintiff’s claims. Had they looked up the lawsuit before suggesting a settlement they could have potentially saved you thousands of dollars by not advising you to settle.
2. SETTLEMENT FACTORIES SUGGEST A QUICK SETTLEMENT.
Furthermore, Settlement Factories tend to convince each client to settle the case anonymously so they can get the quickest settlement possible. They expose their clients to unnecessary risk because their settlement agreement do not protect their clients from future lawsuits. The reasons for this were outlined in my recent article on “anonymous settlements – buyer beware.”
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In short: without proper representation from experienced legal counsel who understands how ISPs serve subpoenas and how these types of lawsuits work – it is easy for someone who hires a settlement factory to get taken advantage of financially. They are often put at risk of being sued in future lawsuits asserting similar claims. The reason they were exposed to this in the first place is because their attorney did not employ defense strategies that settlement factories often overlook. We employ these strategies here at Cashman Law Firm PLLC.
3. “BOILERPLATE” SETTLEMENT AGREEMENTS
Similarly, while an anonymous settlement might sound good to an accused downloader, it gives the settlement factory attorney a way to use a “boilerplate” settlement agreement. Such an agreement does not protect the settlement factory’s client against the next lawsuit.
This is because an anonymous settlement if done incorrectly will limit the settlement paid to release only the titles that ‘this Anonymous John Doe entity’ downloaded ‘with this IP address, in this lawsuit’.
A settling attorney must be aware that Strike 3’s attorneys are able to play semantic games based on the way the lawsuits are specifically writte – a “John Doe subscriber assigned IP address A” in lawsuit #1 is not the same ‘person’ as a “John Doe subscriber assigned IP B” in lawsuit #2.
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DIFFERENCES BETWEEN A SETTLEMENT FACTORY AND A TRADITIONAL ATTORNEY.
Although settlement factories claim to offer a cost-effective solution to a problem they exacerbate, their services cannot be equated to those of a traditional attorney.
1. “YOU GET WHAT YOU PAY FOR.”
With your flat fee, you are still only paying them for a specific number of hours. This is why settlement factories often rely on “boilerplate” settlement agreements that may not afford the same level of protection as a professionally drafted agreement prepared by a lawyer.
2. INCENTIVE TO NEGOTIATE
Furthermore, settlement factory attorneys lack the incentive to negotiate for the lowest possible amount and typically accept the initial offer without attempting further reductions.
Why? You are not paying them to spend extra time on you. So they don’t. Don’t be naive and think they do.
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3. LACK OF INCENTIVE TO DEVELOP STRATEGIES TO MINIMIZE SETTLEMENT.
Moreover, their volume-based workload with all of their other clients rarely allows them to do a comprehensive review or assessment of your circumstances. Thus, they do not take the time to develop and execute longer-term strategies to minimize the settlement amount you pay.
So while you paid the settlement factory attorneys less, you paid the copyright holder significantly more than you needed to.
WHY IT IS BETTER TO HIRE AN EXPERIENCED, REPUTABLE ATTORNEY.
To safeguard your interests during settlement negotiations, it is advisable to engage the services of an experienced lawyer. You wouldn’t hire an attorney only for his experience — settlement factories have experience too. However, your experienced lawyer will take the time to assess your situation and plan the negotiation to minimize the amount you will end up paying. But this is just the first step.
A reputable attorney will also ensure the release of all claims, including any future claims based on past downloads that may not have been explicitly addressed in the complaint or its Exhibit A attachment filed against you in this federal court case.
Additionally, they can tailor the settlement agreement to encompass other individuals, modify or expand the scope of protection and release, and cater to your specific needs. In other words, a reputable or experienced attorney will know not to just throw you in with the pile of other settlements. Every dollar counts, and you are paying him to not only minimize the amount you pay in your settlement, but to draft the release of reliability so that you will never need to worry about a lawsuit such as this one ever again.
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WHAT IS THE DIFFERENCE IN COST OF A SETTLEMENT FACTORY VERSUS AN EXPERIENCED, REPUTABLE ATTORNEY?
When it comes to settling a lawsuit, the primary difference between hiring a “settlement factory” attorney and an experienced lawyer for your case is in the amount of TIME these attorneys will spend on your case.
1. TIME
Settlement factories usually bill their clients a flat [“fat”] fee that does not include any estimate of the time they will take to negotiate the settlement agreement. This means they may try to rush you into signing an agreement without taking the necessary time to ensure that all of your legal rights are adequately protected further litigation – something that experienced lawyers us are vigilant about doing.
2. ANONYMOUS SETTLEMENTS
Additionally, settlement factories often pressure defendants agreeing to settle anonymously before their ISP hands over the defendant’s name and address, using this threat as leverage in negotiations.
However, this strategy has its pitfalls – there have been instances where plaintiffs have brought subsequent lawsuits against those who settled in “anonymous settlements,” but because the settlement factory settled that defendant’s claims as an “Anonymous John Doe Subscriber,” the plaintiff attorney might claim in a future case that this new John Doe Defendant is not necessarily the same ‘person’ as John Doe Defendant accused in the original lawsuit (which would require them to settle again for that second lawsuit).
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THE CASHMAN LAW FIRM & OUR STRATEGIES
At Cashman Law Firm PLLC we take pride in providing our clients with high quality legal representation by spending ample time analyzing their cases and finding ways leverage this analysis when negotiating with Strike 3 Holdings’ attorneys.
During our free consultations we will evaluate whether it makes sense for you to settle at all (given your circumstances) and provide you with an estimate of what sort of numbers we were able to negotiate down from previous cases similar to yours.
Ultimately, our goal is always getting you the lowest possible settlement cost while still protecting your legal interests from future suits or claims related civil copyright lawsuits.
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LACK OF ATTENTION GIVEN BY SETTLEMENT FACTORY TO THEIR CLIENTS
A settlement factory doesn’t take the time to consider the various factors that could affect the final settlement amount, such as the defendant’s circumstances or preferences in what information to make public, and what information to keep private.
As such, because they are paid a flat fee, they are more likely to quickly accept a high settlement amount without spending the time to bargain for a better deal.
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THE CASHMAN LAW FIRM & OUR STRATEGIES (CONTINUED)
On the other hand, an experienced law firm will carefully analyze all available information and calculate an optimal settlement plan by factoring in all relevant details.
We also employ “time leverage” by delaying negotiations until we have received enough evidence to support our case and maximize our negotiating power.
This helps us ensure that our clients receive the fairest possible outcome with minimum cost.
Additionally, we provide them with comprehensive protection against future filings by this copyright holder through a carefully crafted release of liability clauses in the agreement, which most settlement factories do not offer.
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LACK OF ATTENTION GIVEN BY SETTLEMENT FACTORY TO THEIR CLIENTS (CONTINUED)
Settlement factories will often tell you that they can get the lawsuit dismissed for “no cost” or a minimal fee if you settle with them before your name and address is revealed to the plaintiff attorney from your ISP’s subpoenaed records. They claim that an early settlement means that since Strike 3 has not spent a lot of time on your case, the early settlement might cost less than an ordinary settlement.
However, this is not always the case—in fact, it rarely is.
Settlement amounts are based on how many titles they believe you downloaded. Whether you negotiate a settlement all the way in the beginning of a Strike 3 Holdings case or later in the case (where they are still considering a settlement with you before they run out of time to name and serve you as a defendant), it is my experience that there is no “early settlement discount.”
In addition, these sort of settlement factory attorneys have been known to take advantage of defendants who don’t know their rights and might be feeling desperate over the prospect of being named and served in a civil lawsuit in federal court.
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They may also try to pressure you into signing an onerous settlement agreement or release of liability without giving proper consideration to the terms and conditions included therein.
Moreover, these attorneys may fail to explain what happens after they’ve negotiated a settlement—that once you agree to pay the amount they offer, Strike 3 Holdings will move forward with its claims against you regardless unless there is language explicitly stated in writing within the settlement agreement that says otherwise (such as an agreed-upon dismissal).
It’s important that you research any lawyer or law firm representing yourself against Strike 3 Holdings before agreeing to enter into any sort of negotiation process or signing off on a settlement proposal so that you can understand their practice and how they handle such cases.
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THE PROBLEM OF “ANONYMOUS SETTLEMENTS” AS A SALES TACTIC BY A SETTLEMENT FACTORY.
When a defendant chooses to settle with Strike 3 Holdings, they may not receive comprehensive protection from future lawsuits. Even if the court approves the settlement and approves a release of the defendant’s John Doe entity, there remains the risk of being implicated in another lawsuit or being required to make additional payments for an issue that has already been resolved.
This situation arises when a plaintiff’s attorney engages in semantic games, claiming that an “Anonymous John Doe Subscriber” who settled in one lawsuit is not the same person as the accused John Doe Defendant in the second lawsuit, (so therefore they could ask for a second settlement amount). In such cases, defendants can be held accountable for multiple downloads when only a single download occurred.
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LACK OF ATTENTION GIVEN BY SETTLEMENT FACTORY TO THEIR CLIENTS (CONTINUED)
When resolving a Strike 3 Holdings, LLC lawsuit, it is crucial to ensure that all essential terms are incorporated into the settlement agreement. Unfortunately, many “settlement factory” attorneys do not dedicate the required time to negotiate or renegotiate these terms, which exposes their clients to potential future legal actions initiated by Strike 3 Holdings.
The boilerplate settlement agreements they offer may appear convenient and cost-effective, but they fail to provide sufficient safeguards against future claims from Strike 3 Holdings.
Consequently, they may leave you vulnerable to further legal action down the line.
It is essential to seek the guidance of an experienced attorney proficient in copyright law before entering into any settlement agreement with Strike 3 Holdings. Such an attorney can ensure that your rights are comprehensively protected in the settlement agreement through effective negotiation, including obtaining a release of liability, a dismissal of complaints in federal court proceedings, and addressing other critical aspects of the proper civil lawsuit process that larger, “factory-like” practices are unlikely to consider or incorporate when offering a boilerplate settlement agreement.
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CONTACT US
When facing a subpoena from Strike 3 Holdings, LLC or a federal lawsuit alleging that you have downloaded movies without a license, you might feel overwhelmed and don’t know where to turn. At Cashman Law Firm PLLC, we are here to help. Before you even become a client, we will happily review the facts of your case and provide sound advice about whether settling or fighting a Strike 3 Holdings lawsuit is the right move for you.
We will also analyze the risk and likelihood of success for each option and discuss your settlement options with you in detail. I invite you to contact us for a free consultation so that you can understand all of your rights before making any decisions.
Just remember, you are not alone — Strike 3 Holdings filed so many lawsuits (more specifically, so many thousands of lawsuits alleging that the accused defendants downloaded adult films) that the legal system is already aware and is tired from what they have publicly done in the courts. Even Comcast is giving additional requirements to them, claiming that Strike 3 must provide a heightened level of scrutiny before they allow a subpoena from Strike 3 Holdings LLC to be issued.
Not only do we have extensive experience with negotiating settlements in these cases, but also in handling Strike 3 civil lawsuits involving copyright infringement claims from Strike 3 Holdings, LLC in federal court. We will guide you through every step of this process and provide advice on how to best protect yourself should the matter go to court — including drafting an appropriate release of liability or dismissal upon successful negotiation or payment of a settlement agreement.
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It’s critical to note that if you’re implicated as a John Doe Defendant in a copyright infringement lawsuit by Strike 3 Holdings, they’re likely working off an ISP subscriber subpoena issued by a judge authorizing them access to identifying information related to who actually did the downloading (such as your name and address).
That’s why it’s important not to delay; call us today – our firm offers comprehensive solutions tailored specifically towards helping defendants either defend the claims against them, or settle the claims against them, depending on which strategy seems to be in YOUR best interest.
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FOR IMMEDIATE CONTACT AN ATTORNEY: To set up a free consultation to speak to an attorney about your matter, 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: Alternatively, sometimes people just like to contact me using one of these forms. 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. The attorney-client privilege (which keeps everything that you share confidential and private) attaches immediately when you contact me. That being said, I do not become your attorney until we sign a contract together. For your own privacy, please do not state anything “incriminating” about your case when using this form or in any e-mail.
(SOURCE: BITTORRENT NEWS: PUBLIC ADDRESS MOVIE COMPANY LLC SUBPOENA, COST, CALIFORNIA, 2020)
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