Following Adult Performers on Social Media: When NOT to deny liability in a Strike 3 Holdings case.
By Attorney Steve® | Vondran Legal®
If you have been sued by Strike 3 Holdings, LLC, one of the first questions you may ask is:
"How could they possibly try to prove I was the actual downloader?"
That is an excellent question.
One misconception is that identifying the subscriber of an internet account automatically identifies the infringer. It does not. Numerous courts have recognized that an IP address identifies an internet connection—not necessarily the individual who allegedly committed the infringement.
Because of this evidentiary problem, copyright plaintiffs such as Strike 3 Holdings often attempt to gather additional circumstantial evidence to support their allegations regarding identity.
One area that has received increasing attention is a defendant's publicly available social media activity.
If an individual publicly follows numerous adult performers, adult entertainment studios, or pornography-related accounts, plaintiffs may argue that such evidence makes it more likely that the subscriber—not someone else in the household—downloaded the copyrighted works.
But how persuasive is that argument?
Let's take a closer look.
The Identity Problem in Strike 3 Cases
Strike 3 Holdings produces adult motion pictures and has filed thousands of BitTorrent copyright lawsuits across the United States.
Typically, their investigation involves:
- monitoring BitTorrent swarms
- recording IP addresses
- obtaining ISP subscriber information through subpoena
- filing suit against the subscriber
The problem is obvious.
An IP address does not reveal:
- who was using the computer
- who clicked the download
- whether Wi-Fi was shared
- whether roommates were involved
- whether children used the network
- whether guests had access
- whether the network was compromised
Courts have repeatedly recognized this distinction.
Circumstantial Evidence Becomes Important
Since direct proof is often unavailable, plaintiffs sometimes rely on circumstantial evidence, such as:
- ownership of the computer
- computer knowledge
- router ownership
- prior admissions
- forensic evidence
- downloaded files found during inspection
- browser history
- torrent software
- external hard drives
- payment records
- online activity
Increasingly, attorneys have become aware that public social media accounts may also be reviewed.
Which Social Media Platforms Could Be Reviewed?
The following platforms may contain publicly viewable information showing that a user follows adult performers or adult entertainment companies.
X (formerly Twitter)
This is probably the most significant platform.
Many adult performers maintain active X accounts because X permits adult content under its policies.
Examples include:
- performers
- studios
- content creators
- OnlyFans creators
- cam models
Public profiles may reveal:
- Following lists
- Likes (depending upon privacy settings and platform changes)
- Retweets
- Replies
- Bookmarks (not public)
A plaintiff could argue that a subscriber who follows hundreds of adult performers has demonstrated an interest consistent with downloading adult content.
Of course, interest alone does not prove infringement.
OnlyFans
OnlyFans is subscription-based.
Information may include:
- subscriptions
- creators followed
- paid content
Generally, account information is private unless produced during discovery or voluntarily disclosed.
Simply maintaining an OnlyFans account is not evidence of copyright infringement.
Fansly
Fansly operates similarly to OnlyFans.
Subscribers may follow:
- adult performers
- independent creators
Again, account information is generally private.
Many adult communities exist on Reddit.
Users may:
- join NSFW subreddits
- comment
- post
- upvote
Some activity is publicly visible depending upon user settings.
Pornhub Community Features
Pornhub historically has allowed:
- profiles
- favorites
- subscriptions
- comments
Public profile information varies.
XVideos
Some users create accounts that:
- follow creators
- save favorites
- create playlists
Visibility depends on privacy settings.
xHamster
Includes:
- profiles
- favorites
- subscriptions
Again, privacy settings matter.
ManyVids
Creators often have:
- followers
- subscribers
- public profiles
Chaturbate
Live cam platform.
Users may:
- follow performers
- purchase tokens
- favorite creators
MyFreeCams
Another live cam platform with:
- favorite models
- followers
- account history
Many adult performers maintain Instagram accounts containing:
- promotional material
- modeling photos
- links to paid platforms
Followers may be publicly visible depending upon Meta's settings.
TikTok
Some creators maintain SFW promotional accounts.
Again, follows may be visible.
Less common today, but some performers have fan pages.
Threads
Some creators now promote content through Meta's Threads platform.
Can Following a Porn Star Prove Copyright Infringement?
No.
At least not by itself.
Evidence law distinguishes between:
- relevance
- weight
- admissibility
A plaintiff might argue:
"This defendant follows hundreds of adult performers, therefore it is more likely that he downloaded Strike 3 movies."
The defense should respond:
"Millions of Americans follow celebrities, athletes, musicians, comedians, models, or entertainers without committing copyright infringement."
Following an account is not downloading a copyrighted movie.
The logical leap remains significant.
What About Children or Other Household Members?
This issue arises frequently.
Examples include:
- college-age children
- adult roommates
- spouses
- girlfriends or boyfriends
- Airbnb guests
- neighbors using Wi-Fi
- visiting relatives
If multiple people had access to the internet connection, identity becomes much harder to establish.
Public social media evidence may be offered to argue that one individual is more likely than another to have downloaded the works, but it is still only one piece of the puzzle.
Privacy Matters
Plaintiffs generally may review:
- public X accounts
- public Reddit posts
- public Instagram profiles
- public comments
- public follows where visible
Private account information usually requires lawful discovery or voluntary disclosure.
Attempting to circumvent privacy protections could raise separate legal issues.
Can This Evidence Be Challenged?
Yes.
Defense counsel may argue:
- unfair prejudice under Rule 403
- weak logical connection
- speculative assumptions
- lack of foundation
- relevance objections
- character evidence concerns
- alternative explanations
A court must decide whether the evidence genuinely assists the jury or merely encourages improper inferences.
Interest Is Not Infringement
An important distinction exists between:
- watching adult entertainment legally
- subscribing to adult performers
- following adult models
and
- illegally reproducing copyrighted movies through BitTorrent
These are legally different activities.
Someone may:
- purchase content lawfully
- subscribe through licensed platforms
- follow performers on social media
without ever committing copyright infringement.
Practical Advice for Strike 3 Defendants
If you are sued:
Do not:
- delete social media accounts
- destroy computers
- erase hard drives
- remove evidence after litigation begins
- make false statements
Instead:
- preserve evidence
- speak with experienced copyright counsel
- evaluate potential defenses
- analyze household internet usage
- determine who had access to the network
- consider whether forensic examination may be appropriate
Deleting evidence after litigation has begun can create separate legal problems, including allegations of spoliation.
How Vondran Legal Can Help
For more than a decade, Vondran Legal has defended individuals and businesses facing complex copyright litigation, including hundreds of Strike 3 Holdings matters.
Our representation may include:
- evaluating the evidence against you
- challenging subscriber-identification theories
- analyzing BitTorrent forensic evidence
- reviewing discovery requests
- protecting your privacy
- negotiating confidential settlements when appropriate
- defending cases through litigation where warranted
- advising on computer forensic issues
- preparing declarations and deposition testimony
- filing dispositive motions when supported by the facts
Every case is different. A strong defense begins with a careful analysis of the plaintiff's evidence—not assumptions based on an IP address or public online activity.
Frequently Asked Questions (FAQ)
Does following adult performers prove I downloaded copyrighted movies?
No. It may be offered as circumstantial evidence, but following or subscribing to creators does not establish that you downloaded copyrighted works through BitTorrent.
Can Strike 3 look at my public X (Twitter) account?
Generally, yes. Publicly available information can be reviewed by litigants, investigators, or attorneys.
Can they access my private social media messages?
Not simply because they filed a lawsuit. Private communications generally require proper legal process and are subject to discovery rules, privacy objections, and judicial oversight.
Can following OnlyFans creators be used against me?
If that information becomes lawfully available, a plaintiff might argue it reflects an interest in adult content. However, subscribing to licensed content is not evidence of copyright infringement.
Is viewing pornography illegal?
No. Viewing or purchasing adult content through authorized platforms is generally lawful for adults where permitted by law. Copyright infringement involves unauthorized reproduction, distribution, or downloading of protected works.
Should I delete my social media after being sued?
Generally, no. Once litigation is reasonably anticipated or pending, deleting potentially relevant evidence can create serious legal issues. Consult counsel before making changes.
What if multiple people used my internet connection?
That fact may be highly relevant. The mere fact that you are the subscriber does not necessarily establish that you were the downloader, and courts have recognized this distinction in many copyright cases.
Should I speak with an attorney immediately?
Yes. Early legal advice can help preserve defenses, protect evidence, and develop an appropriate litigation or settlement strategy.
Final Thoughts
Public social media activity has become an increasingly common source of circumstantial evidence in civil litigation, including copyright cases. Plaintiffs may attempt to use a defendant's online interests to support an inference about identity, but those inferences are not conclusive. Courts still require proof tied to the actual elements of copyright infringement, and defendants remain entitled to challenge speculative or prejudicial evidence.
If you are facing a Strike 3 Holdings lawsuit, an experienced copyright attorney can evaluate the strength of the evidence, identify available defenses, and help you develop a strategy tailored to your specific facts.
