Introduction

If you received an ISP subpoena notice, you are involved in a file-sharing copyright infringement case. Strike 3 Holdings is accusing you of downloading their adult movies online via torrents, and they are alleging you have violated their copyrights. Most are new to the process and may not understand what's going on. Even other lawyers not familiar with this niche area of copyright law don't understand the process. Here is a quick snapshot of what you can expect.

1. Strike 3 has filed approximately 20-something THOUSAND of these cases. This is what they do all day long. They have a team of regional attorneys across the United States who handle the cases. Each attorney is a bit different when it comes to settlement.
2. It makes sense to contact a copyright infringement defense lawyer; after all, this is what they are accusing you of (infringing their copyrights by downloading and sharing their movies via torrents).
3. The best defense is that you DID NOT DO IT; it was someone else. However, in my years of handling these cases, these are rare, but we do get them. Even so, sometimes they won't believe you (even if you live in an apartment with a lot of others close to you), and they force you to litigation.
4. Many want to try to contact their ISP (because the subpoena notice basically says you have a right to do this), but in order to stop them from responding to a court-ordered subpoena, you would need a lawyer to file a “motion to quash.” The only problem with this is the courts are not granting these motions.
5. So, if you can afford a lawyer, you should reach out and discuss your case. They will want to see the notice so your case can be reviewed to check for the movie count. The movie count will typically dictate the amount of the settlement (25–45 movies is fairly typical).
6. Their settlements usually start at $500-$750 PER MOVIE, so this can add up. An attorney can help you negotiate this amount down.
7. Strike 3 Holdings will also consider financial hardship settlements. This is where you submit your last two years tax returns and last 6 months bank statements. They will usually work with you in these circumstances.
8. Once you negotiate the final settlement amount, there will be a settlement agreement that releases all claims/movies (whether known or unknown) up through the date of the settlement. Future torrent downloads will not be covered.
9. Once the case is finalized and payment is made, the court case gets dismissed “with prejudice,” meaning they cannot bring it again.
10. In most cases, your name will not be released (anonymous settlement), and if you settle the case before the ISP subpoena release date, the Plaintiff counsel will send a “notice of abeyance” to the ISP calling off the subpoena, so they would never know your name.
11. These are just basic tips and insights; there can be variations and nuances.

I hope this has been helpful in providing you with a quick snapshot of how these cases may play out. This is general legal information only and not legal advice.