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A few days ago, we posted about a Strike 3 Holdings case that was allowed to proceed in the Northern District of California. On April 16, 2019, Malibu Media was allowed to serve a subpoena on the Internet Service Provider (ISP), Spectrum, to find the identity of Defendant John Doe– who was identified as a Spectrum customer from their IP address.
This Strike 3 Holdings, LLC v. Doe case is in the United States District Court Southern District of New York.
According to casetext.com,
…obtaining information from Spectrum is necessary to identifying Defendant, obtaining information from Spectrum regarding the subscriber’s IP address is necessary for continued prosecution of this action.
The court granted Strike 3 Holding’s motion.
Plaintiff may immediately serve a Rule 45 subpoena on Spectrum to obtain the name and address of the subscriber associated with IP address 18.104.22.168. Plaintiff shall include a copy of this Order with the subpoena.
Spectrum shall have thirty (30) days from the date it is served the subpoena to serve the subscriber with a copy of the subpoena and a copy of this Order. Spectrum may use any reasonable means to provide such notice, including, but not limited to, written notice to the subscriber’s last known address.
The subscriber shall have forty-five (45) days from the date he/she is served the subpoena to file any motion with the Court to contest the subpoena, including any request to litigate the subpoena anonymously.
What does all this mean?
Strike 3 Holdings LLC produces pornographic films and distributes them through the subscription sites Blacked, Vixen, and Tushy. If you’re reading this post, you’ve probably received a subpoena.
If you’ve received a subpoena, Strike 3 Holdings LLC is accusing you (or someone at your IP address) of illegally downloading their adult films without paying the correct licensing fees.
Strike 3 Holdings has, using a variety of methods, allegedly tracked the illegal downloads to your IP address. Once Strike 3 Holdings has an IP address, they can find the internet service provider (ISP) for that IP address.
Strike 3 Holdings LLC then filed a federal lawsuit for copyright infringement and asked a judge for permission to send a subpoena to your ISP to reveal your name and address. In the above case, they have served Spectrum with a subpoena, and the court has set time frames for both Spectrum and John Doe to respond.
In this instance, Spectrum has 30 days to send the subscriber a copy of the subpoena and the court order.
Once the subscriber (aka ‘John Doe’) has been served with this information by Spectrum, they have 45 days to decide how they want to handle the case before Spectrum hands over the Defendant’s name and address.
Can I ignore the Strike 3 Holdings LLC subpoena?
Yes, but your ISP will likely release your name to the Strike 3 Holdings legal team. In almost all cases, once Strike 3 Holdings has your name and address, they will amend the complaint name from ‘John Doe’ to your name and you will be served with a court summons.
You should never ignore a court summons.
Some Defendant’s don’t mind losing their anonymity, but you also limit your options moving forward if you ignore your subpoena and are served with a court summons.
What do I do next for my Strike 3 Holdings case?
First, make sure you don’t sign anything. Also, don’t try to delete anything as this could make penalties worse.
Next, discuss your options with an attorney to decide how you want to handle your Strike 3 Holdings LLC subpoena.
While you’re still known as ‘John Doe’ you have three options:
1. You can anonymously resolve the case through settlement
2. You can file a motion to quash
3. You can fight back in court
Every defendant’s circumstances are different so it’s best to discuss your situation with an experienced ISP subpoena defense law firm, such as Antonelli Law.
Click here to visit our website for more information on your Strike 3 Holdings subpoena >
We work with clients nationwide. Contact us today at 312-201-8310 to set up your free consultation regarding your Strike 3 Holdings LLC subpoena.
What one Strike 3 Holdings client said on Avvo:
I contacted Jeff Antonelli because of a copyright infringement lawsuit by Strike 3 Holdings. After a free consultation with Jeff I knew he was the lawyer I was going to hire for the case. He had a lot of patience, care, and understanding of what was going on.
Before even hiring Jeff, he went out of his way to go through my case thoroughly and listed all the options I could take with the case. After reviewing the options, I decided it was best to settle.
Having a lawsuit against you can be very stressful, Jeff and his law firm were very quick responding to calls and emails in a timely fashion. He was able to get my case settled in 1-2 weeks time. Jeff truly cares for his clients and very compassionate about helping his client get the best settlement possible.
Jeff is very knowledgeable on copyright infringement issues and I would highly recommend him to anyone.