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Step 1: Monitoring and IP Address Identification

Strike 3 allegedly uses monitoring technology to track downloads of their copyrighted content through BitTorrent networks. When their system detects someone downloading their films, it records the IP address, along with the specific dates, times, and titles of the allegedly downloaded content.

Step 3: Obtaining a Court-Ordered Subpoena

Once Strike 3 identifies your IP address, they file a federal copyright infringement lawsuit. At this stage, they don’t know your name yet. The lawsuit names you as “John Doe” because you’re still anonymous.

Step 3: Obtaining a Court-Ordered Subpoena

Strike 3’s attorneys ask the federal court for permission to subpoena your internet service provider (Comcast, Verizon, AT&T, etc.) to obtain the name and address associated with your IP address. Federal courts typically grant these requests because copyright cases fall under federal jurisdiction.

Step 4: ISP Notification Letter

Before your ISP releases your personal information, federal law requires it to notify you. This is the letter you received. The notification typically gives you 30 days or less to respond.

Critical point: Right now, you are still anonymous to Strike 3 Holdings and the court. They don’t yet know your name. This is your window to protect your anonymity.

Step 5: What Happens Next (Depends on Your Response)

What you do next will determine whether you keep that anonymity and how much this case will
cost to resolve

Option 1: Negotiate an Anonymous Settlement

This is the path most of our clients choose. An anonymous settlement means resolving the case outside of court while protecting your identity throughout the entire process.

How it works:

• We negotiate with Strike 3’s attorneys on your behalf
• A settlement agreement uses your IP address as an identifier (similar to how a land trust protects property owners)
• Your name never appears on the settlement document
• Strike 3 dismisses the lawsuit
• You receive a release that protects you as a person, not just your IP address

Timeline: Most settlements finalize within 2-3 weeks of hiring us.

Settlement costs: Vary significantly based on your circumstances. We’ve negotiated settlements ranging from $250 (documented financial hardship) to several thousand dollars.

Option 2: Fight the Case in Federal Court

If you didn’t download the content, we can defend you vigorously. However, this requires a substantial investment ($15,000-$50,000+) and your identity becomes public through court filings.

Best for: Those seeking certainty, discretion, a quick resolution, and guaranteed anonymity.

Option 3: Motion to Quash (Rarely Recommended)

Challenges the subpoena’s legal sufficiency. These rarely succeed because federal courts usually find the subpoenas procedurally adequate.

Reality check: Motions to quash rarely succeed in Strike 3 cases because federal courts typically find their subpoenas procedurally adequate. Even if successful, Strike 3 Holdings often retains the right to file an amended complaint, which may require a second motion.

Option 4: Ignore the Subpoena (Not Recommended)

If you take no action, your ISP will release your information to Strike 3′ attorneys. At that point,
Strike 3 decides whether to dismiss your case without prejudice or amend the complaint to include your actual name and serve you with a court summons.

The two gambles you’re taking:

1. Will Strike 3 pursue you or dismiss your case? There’s no reliable way to predict which outcome you’ll get.
2. If they do pursue you, will your name be public or sealed? While Strike 3 now requests permission to file amended complaints “under seal” (keeping names hidden), not all judges grant this request. You won’t know until after the amended complaint is filed.

If served with a summons: Never ignore a court summons. Doing so could result in a default judgment against you. Recent court records show default judgments of $20,250, $86,250, and even $108,750.