I need some advice guys

NeighborhoodSancho's Avatar
I was told to post this here by another person after I posted it in my city. Any input would help tha ks..

I have nowhere else to rant bout this so maybe someone here can help me out. I recently received a Subpoena from my internet provide saying that Strike 3 holdings LLC, has commanded them to produce documents to them. Ive looked into it a bit and im kinda freaking out. Should i contact a firm to represent me or what? Ive been sued once in my life and it was for my dog bitting some punk ass kids that messed with, but now, im a little worried. Its a suit basically for Bittorent from vixen, tushy, and blacked sites. Can anyone offer some advice or counsel about this. Thanks in advanced
tinman483's Avatar
There used to be some guy 'said' he was a lawyer and gave advice but don't know what happened to that!
It seems you're going to have to pay a lawyer to get you out of this "swarm" subpoena. NOLO says it should cost a few thousand; Antonelli Law also has a explanatory+advertising page on it. It seems you should NOT just ignore it, as an actual subpoena is a legitimate demand (not just one of those criminal sites that extort you for money or they will reveal you as a porn user, which I will always ignore.)

https://www.nolo.com/legal-encyclope...t-lawsuit.html

https://www.antonelli-law.com/freque...ked-questions/
tex mentioned a law firm who is on top of this...here is another firm....I suggest hiring a firm already up to speed and resolving this...


Cashman is in Houston Texas..and you can email or call them..Antonelli has attys in Houston also on this matter..

https://www.cashmanlawfirm.com/facts/strike-3-holdings/
If you are going to torrent only torrent from big movie studios never porn
Porn providers will get in the dirt and fuck you up

As will little movie studios
JRLawrence's Avatar
I was told to post this here by another person after I posted it in my city. Any input would help tha ks..

I have nowhere else to rant bout this so maybe someone here can help me out. I recently received a Subpoena

from my internet provider WHAT??? saying that Strike 3 holdings LLC, has commanded them WHAT??? an LLC would have to have the court issue a subpoena.

to produce documents to them. Ive looked into it a bit and im kinda freaking out. Should i contact a firm to represent me or what? Ive been sued once in my life and it was for my dog bitting some punk ass kids that messed with, but now, im a little worried. Its a suit basically for Bittorent from vixen, tushy, and blacked sites. Can anyone offer some advice or counsel about this. Thanks in advanced Originally Posted by NeighborhoodSancho
Just a question. How did you receive this Subpoena? If it came over the net, just ignore it because it sounds like a fake.

If you received a real piece of paper that was served by an individual, that is different.
"Who May Issue a Subpoena?

In most instances, a subpoena can be issued and signed by an attorney on behalf of a court in which the attorney is authorized to practice law. If the subpoena is for a high-level government official (such as the Governor, or agency head), then it must be signed by an administrative law judge. In some cases, a non-lawyer may issue a subpoena if acting on his or her own behalf (known as pro se representation).

How a Subpoena is Served

A subpoena is typically requested by an attorney and issued by a court clerk, a notary public, or a justice of the peace. Once a subpoena is issued, it may be served on an individual in any of the following ways:

Hand-delivered (also known as "personal delivery" method);
E-mailed to the last known e-mail address of the individual (receipt acknowledgement requested);
Certified mail to the last known address (return receipt requested); or
Hearing it read to you aloud.
Good luck with this, look a few things up first before you respond.
NeighborhoodSancho's Avatar
I recieved it through my internet provider security team, that a law firm here in my area was pursuing my info in reference to a civil case. So I looked up the case threw uscourts.com and yup it was real. I'm in contact with a lawyer now and it sycks but I'm just going to move forward and get the shit handled. Thanks for all the inputs guys.
JRLawrence's Avatar
I recieved it through my internet provider security team, that a law firm here in my area was pursuing my info in reference to a civil case. So I looked up the case threw uscourts.com and yup it was real. I'm in contact with a lawyer now and it sycks but I'm just going to move forward and get the shit handled. Thanks for all the inputs guys. Originally Posted by NeighborhoodSancho
I hate to stick on definitions: that is what lawyers do. The security team is not an attorney. From what you have said, they might not have the authority to issue such a document. The case may be real, the person requesting the documentation may not have the authority to do so.

Until you receive a real document, you are not obligated to respond at all. Do not provide any information, until you must.

Kinda like the video on you tube. Sorry officer, I don't answer questions. Do you have a warrant. Why did you stop me, have I committed a crime? No, you can't ask for my driver's license, unless I have committed a crime. What crime have I committed.

Got it. Good luck, and let your attorney respond - not you.

I had a case where I demanded that the feds submit their questions in writing to my attorney for a response. I refused to talk with them any further. It took two years of letters back and forth. They didn't have a case, and they knew it. Well, maybe they were just stupid. They were just trying to trap small business owners to raise money for the Shithead Obama.

Everyone should vote for Trump. I can say this because Obama isn't a member of ECCIE, and he isn't a real person.
At lease in my state. I subpoenaed parents of a deadbeat that owed me money. His only listed address was his parent's home, the sheriff attempted to serve, but they just said he's not here. So I issues a subpoena to appear in court. They both showed. Did it via paper through th ecourts though, not over the internet.



You should get a free consult from any attorney licensed to practice in your state. Call one a day for each question. ;-)
sketchball82's Avatar
First, I haven't really read any else's responses. I may directly contradict someone. If so, I really urge you to consider my advice as I am an IP attorney.

I recently received a Subpoena from my internet provide saying that Strike 3 holdings LLC, has commanded them to produce documents to them.

Technically, this is probably not a subpoena. Subpoenas come from courts, not from plaintiffs. The way you worded this leads me to believe it is directly from Strike 3, which means it is a request to produce, or, less likely, an interogatory. But regardless of what the discovery mechanism is, Strike 3 will get your name and contact inforamtion to amend the complaint.

Should i contact a firm to represent me or what?

It depends on what Strike 3 does once they know who you are, honestly. If they send a cease and desist letter, then just stop and you're fine. There is not much your attorney can do if they don't sue you. There is no need for litigation or a negotiation, so just stop or protect yourself better (see below). If Strike 3 amends the complaint and you get served (i.e., they personally sue you), then emphatic yes: get an attorney.

Overall:

This lawsuit obviously sounds in tort as it is a copyright law claim. All copyright claims are strict liability torts. What that means is Strike 3 does not have to prove intent, knowledge, or negligence. The mere fact you did it is enough to hold you accountable. (Think statutory rape.)

You'd be hard pressed to have any persuasive defenses. Sure an attorney will boiler plate list several, but I can't think of any affirmative defenses that would defeat the infringement claim. The most common defenses (and unique) in copyright law are (i) fair use and (ii) safe harbor. This is clearly not fair use as you're using it product for its intended purpose and not transforming it. This is also not safe harbor as you're not an ISP. You may be able to argue that you didn't know it was copyrighted. If successful, you'd limit damages but not the infringment. So, you have one defense, lol.

Damage wise, you may be in deep shit. Copyright claims have two distinct damages mechanisms.
> The first is a fomula similar to restitution damages in contract breeches. Restitution cures the amount of money you cost the plaintiff + any profit you may have earned as a direct result of the infringment (assuming you were earning profit from the infringement) without double counting any money.
> The other damage mechaism (almost certainly what they would use) is statutory damages. They are entitled to up to $35k PER VIDEO if you were not willfully infringing and up to $150k PER VIDEO if you were willfully infringing. The court chooses the exact amount. These amounts are extreme and are high to give compensation for public displays where someone is charging money or similar, so a judge has broad discretion to award WAAAAAY less than this, but the risk is always there.

The point is you can see the severity of damages awarded, so you want a damn good IP litigator if they actually do name you.


Be safe:

If you chose to download videos illegally, at least use a proxy server to protect yourself. I would suggest private internet access (PIA). I've used it for five years and download approximately 10 TB per year to my NAS. I've never been in trouble.
sketchball82's Avatar
breach*
In Texas, any "officer of the court" (i.e. an attorney) can issue a subpoena in a civil case.
JRLawrence's Avatar
In Texas, any "officer of the court" (i.e. an attorney) can issue a subpoena in a civil case. Originally Posted by GeorgeCostanza
Correct! Very correct! an attorney is an officer of the court.

There is a lot of crap out there on the internet.

The statement made was: "received a Subpoena from my internet provider".

The comment concerned, what the hell is that? He did not say it was from an attorney.

Big point, that goes to the heart of: was this a valid subpoena, or just another net hack?

Another question: why would it come from the internet provider instead of the site where the transaction took place?

Too many questions; but maybe, just maybe, we don't have the complete infomation to give advice on a legal matter: he should get an attorney, and talk to him/her instead of asking advice from people not familiar with the problem.
NeighborhoodSancho's Avatar
well just to clear everything up, i received the letter from my isp provider, they got a subpoena from a law firm asking for my info, since they only had an ip address. I hired a torrent lawyer and had them contact the firm that is pursuing me prior to them amending the suit with my name, and we have settled, im to remain anonymous and just close the case, im awaiting the final letter stating the settlement and upping my VPN server, but ultimately leaving the torrent game. Once its clear ill share all the numbers for whoever cares to know.
it’s bs dude...someone needs to knock on your door and ask if you are joe schmoe....say, you’ve been served. you’re being scammed...good luck