Fighting Subpoenas and Lawsuits From

Strike 3 Holdings LLC

legal-royalty-audit-discussion

Have you received a subpoena or other court filing in which Strike 3 Holdings is seeking your identity or suing you by name? We might be able to help.

Here is the situation: you just received a subpoena from your internet service provider (ISP) in which Strike 3 Holdings (Strike3) is trying to find out your identity so they can sue you by name. The cover letter says that if you do not challenge the subpoena successfully within the next thirty (30) days, your ISP will give Strike3 your name and identifying information.

What does that mean? You will likely be added to a publically available lawsuit caption so that all your friends, family and co-workers will learn that you are a defendant. Why is that a problem? Because the lawsuit will likely allege that you illegally downloaded pornography using the dark web (Tor, BitTorrent, etc.). It will detail the specific downloads by name that are distributed through such portals as Blacked, Tushy, Vixen and Blacked Raw. It will state that you engaged in peer-to-peer sharing networks to unlawfully download that content in violation of the Copyright Act, 17 U.S.C. § 101, et seq.

But there is a twist: if you pay Strike3 to settle the case, they will consider dropping you as a potential party. You are essentially going to purchase your anonymity.

Is this legal? You would be surprised at how many courts nationwide have taken the position that it is not only legal, but that Strike3 has the right to do this because its rights under the United States copyright laws have been violated. This link provides a recent example of just such a judicial holding.

Our law firm has handled many of these cases. We approach our representation with patience and empathy; there is a basic unfairness in using copyright law to shame people into paying to preserve their anonymity. We will represent you with discretion and care and do what we can to minimize the fallout.

If you have received such a subpoena or other court filing, please reach out to us. We want to hear from you.

Publications & Presentations

Gary D. Nissenbaum, Esq.

 

Laura J. Magedoff, Esq.

  • Augmented Reality: Gotta Protect That IP, by Gary D. Nissenbaum, Esq. and Laura J. Magedoff, Esq., Apptentive, September 22, 2016
  • Potential Legal Approaches to a Cyberbullying Case (Co-author), The Young Lawyer, American Bar Association Young Lawyers Division, 2013
  • New York County Lawyer’s Association, EMIPS Committee Comments to New York State Bar Association Report of the Privacy Task Force, Contributing Author, March 2009
  • Wrongful Posting on the Internet: The Privacy You Save Could be Your Own, NJ Lawyer Magazine, April, 2008
  • Panelist, Intellectual Property Protection & Enforcement, New Jersey Bar Association Annual Conference, Atlantic City, NJ, May 2017
  • Panelist, Empower – I Create Nothing. I Own it: A Panel about Establishing and Protecting your Intellectual Property as a Business Asset, New Jersey Association of Women Business Owners’ Annual Conference, New Brunswick, New Jersey, October 2010
  • Moderator, Engage – The most Powerful Commodity I know is Information, New Jersey Association of Women Business Owners’ Annual Conference, New Brunswick, New Jersey, October 2010
  • Panelist, Casino Law 2010: Game On!, 2010 South CLEFest, Atlantic City, NJ, August 2010
  • Presented Seminar, Protecting Your Online Image, Various 2009-Present

Looking for advice?

We're here to help.

Contact the Nissenbaum Law Group to schedule an appointment at 908-686-8000 or feel free to use the following form to e-mail us. Please include as much information as you can to ensure that we are able to handle your request as quickly as possible.

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Looking for advice?

We're here to help.

Contact the Nissenbaum Law Group to schedule an appointment at 908-686-8000 or feel free to use the following form to e-mail us. Please include as much information as you can to ensure that we are able to handle your request as quickly as possible.

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