A Strike 3 Holdings’ lawsuit could cost hundreds of thousands of dollars. However, the outcome depends upon the facts and whether Strike 3 has enough evidence. Many cases have been dismissed on this factor alone.
That said, ignoring a lawsuit is never advisable. If you do not respond to the allegations by the deadline, Strike 3 Holdings’ lawyers can file motions. The presiding judge could grant them and enter judgments in their favor against you.
In This Article
A Philadelphia Strike 3 Holdings defense lawyer at Shuttleworth Law discusses the factors that influence IP infringement lawsuit decisions, examples of lawsuit judgments, and what to do if you have been served with a subpoena or complaint.
Elements that Influence IP Infringement Lawsuit Decisions
Federal and state laws rightfully protect intellectual property (IP) ownership. In the case of Strike 3 Holdings, their works are protected by copyright laws since pornographic videos are creative works.
Their issue is that the creative works were allegedly downloaded and distributed via peer-to-peer (P2P) file-sharing networks, like BitTorrent, eMule, Seedr, or Frost Wire. Strike 3 is basically saying you infringed upon their work without permission.
HOWEVER (and this is a big one), they need to prove two elements:
- They own the copyrighted work, and that;
- You infringed upon it
The element of Strike 3’s ownership of the work is easy to prove. They have already demonstrated valid copyrights on titles such as:
- I Was Seduced By a Couple
- Six Feet From the Dance Floor
- Nice and Tight
- Fashion and Anal
- Hot Wife Vacation Part 2
Their lawyers’ challenge is the need to prove the second element that you infringed upon their work.
Related Article: What Is Strike 3 Holdings, LLC?
Proving Copyright Infringement
Strike 3 Holdings, LLC must prove that you violated their exclusive rights to a copyrighted work. While some cases are more straightforward to establish, others fall into gray areas, as is the situation for these cases.
Example: Let’s say that you had a roommate who, unbeknownst to you, was downloading pornographic videos like he was trying to start a fire. The internet bill was in your name, and now Strike 3 comes knocking on your door.
Should they be able to get a judgment against you in this situation? Absolutely not. You were not the one who infringed upon the work (if you can even call it that).
Even if your device downloaded it, what evidence does Strike 3 have to prove that you:
- Acted willfully to commit IP infringement?
- Sought commercial or financial gain?
- Were the individual behind the screen?
These facts and others are very challenging for them to prove, and there are so many ways to defend their subpoenas and complaints. Again, we underscore the importance of never ignoring lawsuits filed against you.
Examples of Strike 3 Holdings, LLC Lawsuit Judgments
Strike 3 Holdings is filing cases throughout Pennsylvania and New Jersey, our firm’s geographic service region, and we do not anticipate them letting up anytime soon.
Here are the results of completed Strike 3 Holdings, LLC lawsuits throughout the United States to help you anticipate what to expect:
In favor of Strike 3 Holdings, LLC:
- United States District Court, Eastern District of Pennsylvania: Strike 3 Holdings, LLC v. John Doe (18.104.22.168), 2:20-cv-05122. Default judgment awarded to plaintiff for $72,750, plus court costs.
- United States District Court, D. New Jersey: Strike 3 Holdings, LLC v. Vokoun (1:20-cv-14321-NLH-AMD). Judgment awarded was $18,000 plus Strike 3’s litigation costs.
- United States District Court, D. New Jersey: Strike 3 Holdings, LLC. v. John Doe (73.160.162). Default judgment awarded to plaintiff for $108,750.
- United States District Court, Eastern District of Virginia: Strike 3 Holdings, LLC v. Rollins (1:20cv0954). Judge awarded Strike 3 Holdings $33,440 plus court costs.
In favor of accused parties:
- United States District Court Western District Of Washington At Seattle: Strike 3 Holdings, LLC v. John Doe (22.214.171.124). Case dismissed as Strike 3 provided no evidence of IP infringement.
- United States District Court, D. Connecticut: Strike 3 Holdings, LLC v. Doe (3:21-cv-633). Court permitted anonymous litigation.
- United States Court of Appeals for the District of Columbia: Strike 3 Holdings, LLC v. Doe (126.96.36.199). Case dismissed “because Strike 3 cannot effectuate service without subpoenaing defendant’s ISP.”
How to Handle a Strike 3 Holdings Subpoena or Lawsuit
No matter how you look at it, Strike 3 subpoenas and lawsuits are no joke. If you are accused, the safest way to handle it is by hiring a Strike 3 Holdings defense lawyer as soon as possible.
By speaking with a legal professional, you will learn that you have four options:
- Option 1. Ignore it: This option is the riskiest since it will likely lead to a default judgment. A default judgment can result in wage garnishments and asset seizures. Please do not ignore it.
- Option 2. Fight the subpoena: Your attorney could initiate your defensive strategy by filing a Motion to Quash or a Motion for Protective Order. These options prevent your identity from being revealed via your IP address.
- Option 3. Fight the Lawsuit: Litigation requires significant legal resources if Strike 3 has a strong case against you. They have money to throw these cases and are not afraid to fight.
- Option 4. Settle: This is the best outcome for both sides if they have a bonafide case. Strike 3 wants to settle these as quickly as possible. It will be the least costly option in most cases.
Every case is unique, and there are no guarantees. Going up against Strike 3 Holdings, LLC requires an experienced lawyer who has the capital, resources, and knowledge to defend your case.
Do Not Ignore a Strike 3 Holdings Lawsuit
You need to find a lawyer with a deep bench of knowledge and resources in several areas of law, including litigation, intellectual property, and copyright law. Do not go to the family estate planning lawyer when you need to fight an infringement case.
Yes, all attorneys are competent to practice law. However, you cannot ignore that acute experience and applied knowledge are advantages. Why would you substitute that for anything else when so much is on the line?
Every area of law has legal technicalities. While the family lawyer will eventually discover the ones in IP law, it could take them much longer and require more resources to arrive at their answer than going with a law firm ready to handle these cases.
Call Us at Shuttleworth Law for a Free Case Evaluation
If you are accused of copyright infringement by Strike 3 Holdings, LLC, the Philadelphia Strike 3 Holdings defense lawyer at Shuttleworth Law wants to speak with you. We can help you resolve this matter as quickly and privately as possible. Call (215) 774-1371 for your Free Case Evaluation or message us online.