Strike 3 Holdings LLC Sues New Yorkers for “Free” Porn Downloads– ISP Subpoena Defense

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Movie company Strike 3 Holdings LLC is suing many people in New York, New Jersey,  as well as California, Connecticut, and Michigan for allegedly downloading its movies using file-sharing technology called BitTorrent.


Set up a free consultation to discuss the specifics of your case, or keep reading below for more information on what you can expect from your case with Strike 3 Holdings LLC.


In District of New York case, Strike 3 Holdings alleges a count of copyright infringement for one of its copyrighted movies, but also alleges the Defendant infringed 56 of Plaintiff’s movies in the same manner. We wonder if an amended lawsuit complaint will be filed to include copyright allegations for these 55 other movies.

Strike 3 Holdings LLC says that Strike 3’s movies are distributed through the Blacked, Tushy, and Vixen adult websites and DVDs.

Speak with Antonelli Law For Free

Antonelli Law and our local counsel for New York have helped protect many people from BitTorrent copyright infringement lawsuits. We will talk with you for free and explain each of your legal options including: 1) Have us negotiate an anonymous settlement on your behalf with Strike 3 Holdings LLC 2) File a motion to quash the subpoena it issued to your ISP, or 3) Defend your innocence in court. Click here for our free, confidential contact form.

Read below for more Strike 3 Holdings lawsuit information, including how to respond to settlement demand letters and “waivers of service of summons” forms.

Use our confidential contact form and we will respond to you within 24 hours. Our local counsel will assist us when necessary to keep our costs as low as possible.

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What Are These Lawsuits About?

Critics of these BitTorrent copyright infringement lawsuits say its about the movie company generating more revenue. The movie company says it is filing these lawsuits to stop piracy of its intellectual property.

What is My First Notice If I Am Targeted In A Lawsuit?

If your internet address (“IP address”) is involved, your first notice of the lawsuit will probably be a letter or email from Comcast, Optimum, Verizon, Spectrum, or Time Warner and a copy of a subpoena from Strike 3 Holdings LLC.

The letter should tell you the date and time the movie was allegedly downloaded the case name and number, and inform you of your legal right to file a motion to quash or vacate the subpoena it received, by a certain date.

This is the time to talk with us about either having us negotiate an anonymous settlement, file a motion to quash subpoena, or prepare for your defense in court. We cannot help you remain anonymous after the internet company releases your information to the movie company, but can still help you negotiate a fair and confidential release as part of a settlement, or prepare for your defense in court.

What Can Antonelli Law Do For Me?

Antonelli Law will help you decide what to do about the Strike 3 Holdings LLC letters, subpoenas, and summons. We have helped many people accused of downloading movies over the internet in these types of lawsuits.

Remember, don’t panic. Learn the facts and your legal options by speaking for free to an Antonelli Law attorney confidentially nationwide at 312-201-8310 or use the contact form here.

Our clients say Antonelli Law is very good at:

  • Reducing your anxiety about the problem
  • Giving clear information to help you decide what to do
  • Responsive and accessible via phone and email
  • Tenacious and effective lawyers in lawsuit litigation

We understand the shock you may be feeling from receiving a notice of this action, and have the experience to help you deal with this in the best way possible for you: anonymous settlement, or prepare to fight back.

Antonelli Law is the most experienced BitTorrent Copyright Defense firm in the country.

We can help you learn your legal options if you received an ISP letter informing you a subpoena for your identity was received, a settlement demand letter from the movie company’s attorneys, or if you are served with a summons or waiver of service of summons. We have helped nearly 2,000 people nationwide affordably defend themselves from over 50 different movie companies.

Read Below to Learn More Details About the Lawsuit and How to Defend Against It

Don’t Sign a Waiver of Service of Summons Form Before Speaking with an Attorney

As defense attorneys, we are concerned that  people who receive a Waiver of Service of Summons form in the mail from the movie company’s lawyer this will lead to an unfair default judgment against them. If you receive one of these forms, please speak with us before signing anything.

Here is Why A Defendant in the Strike 3 Holdings LLC Case Would File A Motion to Quash Subpoena

The best reason for filing a motion to quash subpoena is if a now-anonymous defendant can manage to remain anonymous, it is possible the movie company may never be able to serve him or her with a court Summons and lawsuit Complaint.

That would be a terrific win for the defense, before the case even got started and before the expensive litigation processes of discovery and motions for summary judgment are filed. To do that, we argue that the lawsuit Complaint cannot stand up to a motion to dismiss the complaint. Therefore, if the lawsuit Complaint is not good enough there is no good reason for the subpoena to the ISP to proceed.

The Evidence Needed to Prove Copyright Infringement by POW Nevada LLC, Inc

Strike 3 Holdings LLC must show to the Court that:

  1. It has ownership of a valid copyright and
  2. The defendant violated the copyright owner’s exclusive rights under the Copyright Act.

We Could Not Find Sufficient Allegations of Evidence by Strike 3 Holdings LLC

We examined the court filings of Strike 3 Holdings LLC in case number 2:17-cv-05606 filed in the United States District Court for the Eastern District of New York. From this review, we did not see that the movie company alleged sufficient evidence to show that its copyright was violated by the defendants it accuses.

For the reasons that follow below, we believe filing a motion to quash subpoena to stop the internet company from releasing the name and address of the unnamed Defendant could be justified. Stated simply, when we looked at the court filings by Strike 3 Holdings we found in our opinion a lack of evidence of copyright infringement in the lawsuit’s complaint.

For example, Strike 3 Holdings LLC claims in its lawsuit Complaint at paragraph 35: “IPP downloaded from Defendant one or more pieces of the digital media file containing Strike 3’s movie” (emphasis added)“

One or more pieces? Is this even enough data to produce a flash of one image of the movie? If so this may qualify as a defense for what is called “de minimis” copyright infringement, which may entitle the movie company to nothing. You can read more about “de minimis” copyright infringement as well as the fair use defense here.

You can read these filings for yourself by viewing the embedded Complaint below..

In our review of these court filings, in our opinion Strike 3 Holdings LLC has simply failed to allege sufficient evidence to show that its copyright was violated by the defendant it accuses.

In other words:

From what we saw, nothing was said about the size or contents of the portions of the work actually downloaded from the defendants’ IP addresses

Strike 3 Holdings LLC Complaint 17-cv-05606 New York

What Are Movie Downloading Cases in General About? What Are “Copyright Troll” Lawsuits?

If you want to read more, consider reading the article I wrote about “copyright troll” litigation which was published by the Illinois State Bar Association’s Intellectual Property Section:

Torrent Wars

Copyright Trolls, Legitimate IP rights, and the Need for New Rules Vetting Evidence and to Amend the Copyright Act

by Jeffrey J. Antonelli

Call us for a free consultation nationwide at 312-201-8310

Some of our attorneys are listed below. We represent clients in Hawaii, California, Utah, Nevada, Colorado, Texas, Illinois, Indiana, Michigan, Wisconsin, Louisiana, Georgia, New York, New Jersey, Pennsylvania, Maryland, Virginia, and Washington DC.

What Are the Strike 3 Holdings LLC Case Information in New York?

The cases are as follows:

Strike 3 Holdings LLC v Doe

1:2017-cv-07351

1:2017-cv-07350

1:2017-cv-07349

1:2017-cv-07345

1:2017-cv-07347

2:2017-cv-05636

1:2017-cv-07343

2:2017-cv-05637

2:2017-cv-05630

1:2017-cv-07353

1:2017-cv-07346

1:2017-cv-07344

2:2017-cv-05633

7:2017-cv-07355

2:2017-cv-05635

2:2017-cv-05634

1:2017-cv-07348

2:2017-cv-05638

2:2017-cv-05606

1:2017-cv-07352

2:2017-cv-05631

7:2017-cv-07354

Jacqueline M. James represents Strike 3 Holdings LLC in New York cases.

 

See Also:

What’s In a Settlement Agreement? Confidentiality Clauses & No Admission of Guilt – Antonelli Law

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