If your internet provider sent you a letter about a Strike 3 Holdings subpoena, I represent the "John Doe" subscribers named in these federal copyright cases. I help them respond before their provider's disclosure deadline and resolve the case as privately as possible. I'm Jonathan Francis, a copyright defense attorney, and I represent Strike 3 subscribers nationwide.
The letter usually gives you a short window, often about 30 days, before your provider discloses your name and address. What you do in that window matters most.
This page is general information, not legal advice about your situation.
Free, confidential case review. Fill out a short form and upload your ISP's letter. I'll tell you where you stand and quote a flat fee.
Contacting me does not create an attorney-client relationship. Until we've confirmed there's no conflict and agreed in writing to work together, please send only the notice you received, and don't include other confidential details.
What is a Strike 3 Holdings subpoena?
A Strike 3 Holdings subpoena is a court-authorized demand to your internet service provider for the name and address of the subscriber assigned to an IP address that Strike 3 says was used to share its adult films over BitTorrent.
Strike 3 Holdings, LLC owns the copyrights in adult films and is one of the most frequent copyright plaintiffs in federal court. It doesn't know who you are when it files. It sues "John Doe subscriber assigned IP address [number]," then asks the judge for permission to subpoena the provider (Comcast/Xfinity, AT&T, RCN, WOW! and others) before the usual start of discovery under Federal Rule of Civil Procedure 26(d)(1).
Once the judge grants leave, the provider receives a subpoena under Rule 45. Cable providers must notify you before disclosing your information in response to a court order (47 U.S.C. § 551(c)(2)(B)), and that notice is the letter you received.
What happens after you get the ISP letter
A Strike 3 case usually moves through four steps, and you have the most options before step three.
- The John Doe lawsuit is filed. The complaint lists an IP address, the films allegedly shared, and the dates Strike 3's monitoring software recorded the activity.
- The court authorizes the subpoena, and your ISP notifies you. The letter names the case, the court, and the date the provider will respond.
- The ISP discloses your name and address to Strike 3. Strike 3's lawyers then decide whether to pursue you, dismiss, or name you in an amended complaint.
- You're named and served, or the case resolves. Strike 3 must serve the defendant within 90 days of filing unless the court extends that time (Rule 4(m)). Most cases resolve by settlement or dismissal before this stage.
Your options when Strike 3 subpoenas your ISP
You can move to quash the subpoena, negotiate an early confidential resolution, or defend the claim, and the right choice depends on the facts of your household and your internet connection.
Negotiate early and confidentially
Working through counsel before or just after disclosure is often the most private path. The goal is to keep your name out of the public record and resolve every claim tied to the IP address.
Challenge the subpoena
A motion to quash under Rule 45(d)(3) is available, but courts usually deny it, because a subscriber's name and address generally aren't privileged. It can make sense in narrow situations, and we'll talk through whether yours is one.
Defend the case
Paying for internet service is not the same as downloading. If someone else used your connection, the facts may support a defense, and copyright law allows the winning side to recover attorney's fees in some cases (17 U.S.C. § 505).
What's actually at stake in a Strike 3 Holdings lawsuit
Strike 3 claims copyright infringement, which carries statutory damages of $750 to $30,000 per work, and up to $150,000 per work if the infringement is found willful.
Those ranges come from 17 U.S.C. § 504(c). They're the reason a letter about one IP address can feel so serious. They're also a ceiling, not a typical outcome. Very few Strike 3 cases reach trial, and what a case is realistically worth depends on how many works are listed, what the evidence shows about who used the connection, and when you get involved.
The main risk most people are worried about is public identification. Many judges allow Doe defendants to proceed under a pseudonym or file identifying information under seal. Whether and how to ask for that is one of the first things we'll decide.
"I didn't download anything." Does that matter?
Yes. Strike 3 identifies an internet account, not a person, and the subscriber is often not the person who used the connection.
Housemates, family members, guests, tenants, a neighbor on an unsecured network, or an infected device can all generate activity under your IP address. In Cobbler Nevada, LLC v. Gonzales, 901 F.3d 1142 (9th Cir. 2018), the Ninth Circuit held that being the registered subscriber of an IP address, without more, doesn't state a claim for copyright infringement. That decision binds only courts in the Ninth Circuit, but judges elsewhere cite it, and the reasoning shapes how these cases are negotiated.
Don't delete files, wipe devices, or reset your router before you talk to a lawyer. Destroying potential evidence after you know about a lawsuit can create a far bigger problem than the original claim.
What to do this week
Keep the letter, note the ISP's disclosure date, preserve everything, and speak to a lawyer before contacting Strike 3 or its attorneys.
- Find the deadline. The ISP letter states the date it will respond. Calendar it.
- Write down the case number and court. Example format: 1:26-cv-0XXXX (N.D. Ill.).
- Don't call Strike 3's lawyers yourself. What you say can be used to identify you or as evidence.
- Don't ignore it. Doing nothing doesn't stop the provider from disclosing your information.
- List who had access to your internet during the dates in the complaint: people, devices, and whether your Wi-Fi was password-protected.
Your deadline is set by your ISP, not by you. Start your case review now and you'll hear back promptly.
Contacting me does not create an attorney-client relationship. Until we've confirmed there's no conflict and agreed in writing to work together, please send only the notice you received, and don't include other confidential details.
How I handle Strike 3 cases
I represent Strike 3 John Doe defendants on a flat fee, quoted after a free review, so you know the cost before you commit.
Much of my practice is defending individuals and small businesses against high-volume copyright plaintiffs and demand-letter senders. I negotiate these cases nationwide. I'm admitted in Illinois and in the U.S. District Courts for the Northern and Central Districts of Illinois and the Eastern District of Wisconsin. When a case elsewhere needs a court appearance, I can seek admission for that case or bring in local counsel.
Related: Copyright defense and serial copyright plaintiffs · Federal civil litigation · About Jonathan Francis
Frequently asked questions
What happens if I ignore a Strike 3 Holdings subpoena letter?
Your internet provider will disclose your name and address to Strike 3 on the date in the letter. Ignoring it doesn't pause the case, and it gives up the window when you have the most options for resolving it privately.
Will my name become public?
Not necessarily. Many judges allow Doe defendants in these cases to proceed anonymously or file identifying information under seal, and many cases resolve before anyone is named. Whether your name stays private depends on the court's orders and on how the case is handled early.
Should I file a motion to quash the subpoena myself?
Usually not without advice first. Courts generally deny motions to quash in these cases because a subscriber's name and address aren't privileged, and a filing you make yourself can put identifying information in the public record.
I'm the account holder, but I didn't download anything. Am I liable?
Paying for the internet account doesn't by itself prove you did the downloading. Who else had access, what devices were connected, and whether the network was secured all matter, and those facts can support a defense or a dismissal.
How much can Strike 3 recover?
Copyright law allows statutory damages of $750 to $30,000 per work, and up to $150,000 per work for willful infringement, under 17 U.S.C. § 504(c). Those are statutory limits, not typical results. Most Strike 3 cases settle or are dismissed long before a court awards damages.
How long do I have to respond?
Your ISP letter sets the practical deadline: the date the provider will disclose your information, often about 30 days after the notice. If you've already been named and served, you generally have 21 days to respond to the complaint in federal court.
Can you help if my case was filed in another state?
Yes. I've negotiated settlements in copyright cases filed from California to New York, including cases in Texas, Georgia, Illinois, and Michigan, and most resolve without anyone appearing in court. If an appearance does become necessary, I can ask that court for permission to appear in your case (pro hac vice) or work with local counsel in that district. Contact me for a free, confidential consultation and I'll explain how your case would be handled.
Attorney Advertising. General information, not legal advice. Contacting this office does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Responsible attorney: Jonathan M. Francis, 3525 West Peterson Avenue, Suite 604, Chicago, Illinois 60659.