Have you been struck by Strike 3?

If you've been accused of online piracy or illegal file sharing, you've likely heard of Strike 3 Holdings. The company, known for owning a range of adult entertainment brands, has gained significant attention for its aggressive legal strategy of targeting individuals who allegedly download or distribute its copyrighted content without permission. These lawsuits, which can be both alarming and confusing, are part of a broader trend in the digital age where copyright trolls, like Strike 3, purchase copyright registrations with the main intent of extracting settlements from alleged infringers, rather than to protect or promote the work itself. In a nutshell, companies like Strike 3 want you to infringe since they can make more from an infringer than from a legal purchaser.

What Is Strike 3 Holdings?

Strike 3 is a company that owns several adult entertainment brands, including Vixen, Tushy, and Blacked. As is common in the adult entertainment industry, illegal downloading is rampant, and copyright infringement is a common occurrence. Strike 3 actively monitors the internet for piracy and illegal distribution of its content, often using specialized tools and software to track unauthorized file sharing. If they identify an IP address that is involved in illegal downloading or distribution of their content, they will wait until a specific IP address has downloaded several works then take legal action in the form of lawsuits or settlement demands.

How Do Strike 3 Lawsuits Work?

Strike 3 typically files lawsuits for copyright infringement under the Digital Millennium Copyright Act (DMCA), a U.S. law that gives copyright holders the right to protect their works from unauthorized distribution online. Strike 3 utilizes advanced IP address tracking technology to identify individuals who are downloading or sharing files illegally. When a user downloads or shares content through peer-to-peer (P2P) file-sharing networks (e.g., BitTorrent), their IP address can be captured, even when a VPN is utilized. Strike 3 will track these IP addresses and monitor the illegal distribution of its copyrighted content until several works have been illegally used.

Once Strike 3 identifies an IP address involved in piracy, it will typically file a lawsuit naming the IP address as a “John Doe” defendant and issue a subpoena to the relevant Internet Service Provider (ISP), demanding that the ISP provide the name and contact information of the person associated with that IP address. ISPs are generally required to comply with these subpoenas if the proper legal procedures are followed.

Often the first time an individual becomes aware of the lawsuit is from a notice sent by their ISP informing the individual that their name is going to be disclosed to Strike 3. Once Strike 3 has the individual’s name it uses this as leverage to force a settlement or else Strike 3 will name the individual in the lawsuit and that information will become public knowledge.

What to Do If You Receive a Strike 3 Holdings Settlement Demand?

If you receive a settlement demand letter or are notified that you are being sued by Strike 3, you shouldn’t ignore it, but don’t panic.  Strike 3 has filed over 10,000 lawsuits across the country since 2017, so you are not alone. Contact an attorney with experience in copyright law and dealing with copyright trolls such as Strike 3. An attorney can help you understand your legal rights, assess the validity of the claim, and help you navigate settlement discussions or defense strategies if a lawsuit has been filed.

If you don’t respond, Strike 3 may seek a court ruling in their favor, which could result in significant financial penalties that could be mitigated through settlement discussions. In many cases. In many cases, it is possible to negotiate a lower settlement amount than Strike 3 demanded. Your attorney can help you determine whether negotiating a settlement is in your best interest or if it's better to fight the case in court.

In Sum

A Strike 3 lawsuit or settlement demand can be intimidating but remember that they are based on copyright infringement, and there are legal protections in place to defend against unjust claims and methods to potentially mitigate damages. If you’ve been accused of pirating adult content, the best course of action is to seek legal advice, understand your rights, and avoid making hasty decisions. Whether you choose to settle or fight the claim, being informed is your best defense.

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If you have been struck by Strike 3 do not hesitate to reach out to us. Go to https://long.law/intake to book a free consultation.