If you’ve received a letter from your Internet Service Provider (ISP) notifying you of a subpoena from Strike 3 Holdings, you’re not alone. Strike 3 Holdings is an intellectual property holding company best known for aggressively enforcing its copyrights through federal court lawsuits against alleged downloaders of its adult content.
These subpoenas can feel intimidating — they carry legal weight, reference a court, and may leave you wondering how quickly you need to act. The good news is that you do have time and options, but the clock starts ticking as soon as you’re notified.
What We’ll Cover:
- What a Strike 3 subpoena means
- How a Strike 3 notice works
- The legal timeline you’re working with
- What happens if you do nothing?
- 4 steps you should take immediately
- 3 possible legal responses
- 4 common mistakes to avoid
- Why the deadline matters
- Key takeaways
- Legal representation
Understanding a Strike 3 Subpoena
When Strike 3 Holdings files a copyright infringement lawsuit, they start by naming the defendant as “John Doe” — identified only by an IP address. Because they don’t know your name yet, they ask the court for permission to subpoena your ISP to reveal your identity.
A subpoena is a legal document requiring your ISP to produce information. In this case, the ISP is being ordered to hand over your name and address linked to the IP address they’ve tracked.
How a Strike 3 Notice Works
You don’t receive the subpoena directly from the court or Strike 3. Instead, your ISP sends you a notice — usually by mail or email — informing you that they’ve been ordered to disclose your information. This notice includes:
- The court case number
- The name of the plaintiff (Strike 3 Holdings, LLC)
- Instructions on your right to file a motion to quash or modify the subpoena
- A deadline for taking action
How Much Time Do You Have?
In most federal cases involving Strike 3 subpoenas, you typically have 30 days from the date of the ISP’s notice to file a legal objection (a “motion to quash”) or otherwise respond.
However, the exact deadline depends on:
- The court’s order — Some judges give less or more time.
- When your ISP actually sent the notice — Sometimes there’s a gap between the court’s order and your receipt of the letter. At a minimum, you will have 30 days from receipt of the notice from your ISP.
- State-specific rules — These may apply if the case is in a different jurisdiction.
- Strike 3 Holdings — They may allow for additional time for the ISP to respond.
Do not assume you have more than 30 days. Your safest approach is to treat the date you received the notice as Day 1 and act immediately.
What Happens If You Do Nothing?
If you don’t respond within the deadline:
- Your ISP will comply with the subpoena and turn over your personal information to Strike 3’s attorneys.
- Strike 3 will have your name and address, which allows them to amend the lawsuit to name you personally instead of “John Doe”, which we have seen Strike 3 do.
- You risk being publicly named in a federal lawsuit involving adult content.
- Strike 3 can proceed toward obtaining a judgment if you still fail to respond after being named.
Do You Need Legal Representation Against Strike 3 Holdings?
4 Immediate Steps to Take When You Receive a Strike 3 Subpoena
1) Don’t Ignore It
Many people are tempted to toss the letter aside, especially if they believe they have done nothing wrong. Unfortunately, ignoring it will almost always make things worse, because the legal process continues without your input.
2) Consult an Attorney Immediately
Time is critical. An attorney experienced in Strike 3 defense can:
- Verify your exact deadline
- Explain your options (settlement, motion to quash, fighting the case)
- Contact Strike 3’s lawyers on your behalf
- Negotiate for confidential settlements to protect your name
- Challenge the subpoena if appropriate
3) Preserve Your Internet Records
Don’t delete files or wipe your devices. Even if you believe no infringement occurred, altering or destroying evidence can be used against you.
4) Explore Settlement Options Early
If your primary concern is avoiding publicity, an early confidential settlement might resolve the matter before your name ever appears in the court record.
3 Possible Legal Responses
1) File a Motion to Quash
A motion to quash asks the court to block or limit the subpoena. Common grounds include:
- Improper jurisdiction (you don’t live in the court’s district)
- The subpoena is overly broad or violates privacy rights
- The IP address doesn’t prove you were the infringer
Most motions do not succeed, but when they do, they can stop Strike 3 from learning your identity.
2) Negotiate a Settlement
Settlements are usually confidential and can prevent your name from being made public. The cost varies but is often less than defending a full lawsuit.
3) Prepare to Defend the Case
If you choose to fight, your attorney can challenge Strike 3’s evidence, their ability to connect you to the alleged downloads, or even have the case dismissed for procedural errors.
4 Common Mistakes to Avoid
- Waiting until the last week — Attorneys need time to review your case and prepare a response.
- Contacting Strike 3 directly — Anything you say could be used against you, and you may give up leverage. We NEVER recommend contacting the Plaintiff or other side yourself.
- Assuming anonymity online protects you — An IP address subpoena can pierce that anonymity quickly.
- Paying without legal advice — You may overpay or agree to terms that aren’t in your best interest.
Why the Deadline Matters
Once the deadline passes, your ISP will release your details without further notice. That’s when Strike 3 can name you personally in the lawsuit, and the case becomes part of the public record. This step is often when embarrassment and pressure lead people to settle for higher amounts.
Acting before the deadline keeps more legal options open and often gives your attorney the best chance to resolve the case quietly.
Key Takeaways
If you receive a Strike 3 Holdings subpoena, you likely have around 30 days to act, and every day counts. Use that time wisely:
- Read the ISP’s notice carefully and note the deadline.
- Contact an experienced attorney immediately to understand your options.
- Decide on your strategy early — whether it’s quashing the subpoena, negotiating a settlement, or preparing a defense.
- Avoid public discussion of your case.
Get Help Responding to a Strike 3 Holdings Subpoena
The earlier you respond, the more control you’ll have over the outcome — and the better your chances of protecting both your legal rights and your privacy.
McInnes IP Law has represented clients across the United States in Strike 3 Holdings matters. We focus on minimizing exposure, reducing costs, and protecting your name. If you’ve received a subpoena or ISP notice, call us at (774) 234-1256, email us at info@mcinnesiplaw.com, or message us on our LinkedIn Company Page.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is different. For specific guidance, consult an attorney experienced in copyright law.