Common FAQs About BitTorrent Copyright Cases
Many of our clients research online forums like Reddit before their consultation. These forums sometimes provide correct information, but they can also spread misconceptions.
Watch the video or read below for answers to our most frequently asked questions based on forum discussions.
Question 1: Do all of your clients settle? Are you a settlement factory?
First, we pride ourselves on providing the information our clients need to make the best decision for themselves, whether that’s settling or not.
Our team has years of experience handling these specific cases, so we understand the tactics employed by Strike 3 Holdings and how to respond effectively.
We’ve helped our clients settle, defend themselves in court, get their case dismissed, and file successful motions to quash.
During our consultation, we’ll carefully review the details of your case, answer your questions, and lay out all your options.
We can provide customized legal strategies that align with your goals, whether that means fighting the claim, negotiating a favorable settlement, or some other legal actions.
With over a decade of experience in copyright law and having represented thousands of clients against over 50 different companies, we are well-equipped to navigate all aspects of these cases.
Our team isn’t here to push you toward a settlement, we’re here to defend your rights and explore all viable options for your case so that you can make the right choice for you.
Deciding to ignore a legal case without any other details because of something you found online isn’t a great idea.
Make sure you speak to an experienced BitTorrent defense attorney to understand all of your options before you make the decision to ignore it, so you understand what you’re facing and the typical cadence of these cases are like, and feel confident that you’ve made the best decision for you.
Question 2: Should I wait until I get served with a subpoena before doing anything? Am I “Rushing to settle” if I try to settle when I get the initial ISP letter? If I settle, am I getting scammed?
This seems to be a very common misunderstanding. You don’t get “second chances” at the subpoena. These cases tend to follow a specific pattern.
Very simply:
- You get notified that your details are being requested (The subpoena has already gone to your internet provider)
- If you do nothing, Strike 3 Holdings gets your details
- Strike 3 decides what they want to do next
- You get a summons or your case gets dismissed
Reaching out ahead of time ensures you of your anonymity and can make the settlement lower.
However, it also means you’re definitely going to have to pay them.
Whether you ignore this or not, Strike 3 Holdings is going to get your details, so now you have to decide if you want to gamble on the case getting dismissed or not.
Question 3: Reaching out to settle is what really puts a target on your head. Until they subpoena or send a demand letter to you directly, you shouldn’t do anything.
Reaching out to settle before they get these details does not put a target on your head. As we just mentioned, they are already going to have your personal details.
Their next step is going to be them dismissing the case – or you receiving a summons – so this comes down to your tolerance for risk.
Question 4: Is it hard for Strike 3 to actually serve me with a subpoena? How about a summons?
These are going to be mailed to you. They are not paying private detectives to serve you in person and it is not difficult to serve you with an ISP notice.
First, you are not being subpoenaed. Your first notice is your ISP letting you know that Strike 3 subpoenaed them.
They are just sending you the notice, usually via UPS or FedEx, sometimes by US Mail, and sometimes mail and private courier.
ISPs also sometimes use email, including AT&T.
Once your ISP hands over your details, the movie company and their attorneys will decide whether or not to have a “process server” find you and physically hand you a summons.
Question 5: Do I need an attorney close to me?
This is a specialized area of law and there can be potentially serious financial implications for these cases.
Just like you wouldn’t use a personal injury attorney in a divorce case, we recommend you work with an attorney that is experienced with BitTorrent copyright defense.
Since copyright cases happen in federal court, we can represent you no matter where you are in the US. We have represented clients nationwide for over a decade.
Question 6: Do they drop the case if you refuse to settle?
“You should refuse to settle” is what some people think they should do. This is the same thing in the court’s eyes as ignoring it.
In this instance, you could get served with a summons. If you ignore your summons, you will likely get a default judgement entered against you in court.
Question 7: I want to defend myself. Should I go to court with a public defender?
You can absolutely take these cases to court, but unfortunately, this is a civil matter, so you don’t qualify for a public defender in this type of lawsuit.
Question 8: Will I be commanded to attend a deposition?
We’ve seen depositions happen in Maryland District Court even prior to being served with a summons. Typically, the process for this is that you’ll be commanded to attend a deposition after you’ve received the notice from your ISP.
If you decide to fight the case, you will almost certainly have to attend a deposition during the “discovery phase” of the lawsuit.
That is normal for almost all lawsuits of every kind.
Question 9: Will their technology stand up in court?
Being trained litigators, one of our aims in defending a case in court is to find fatal flaws with the other side’s expert witnesses or their evidence, and to persuade the court to ban them from being allowed into evidence at trial.
If that happens, their case falls apart.
So yes, you can take the case to court to challenge the validity of their evidence, however, that means you still need to go to court.
Again, this comes down to your tolerance for risk.
Question 10: Is this just a scam to make money?
We obviously don’t know why some companies protect their IP more vigorously than others; we do know Strike 3 is currently the most prolific filer of these types of lawsuits.
However, in a recent court filing, Strike 3 noted that the monetary gains from these lawsuits are only a small fraction of their total revenue.