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I DIDN'T DO IT and the Strike 3 Declaration Process

Posted by Steve Vondran | Aug 27, 2022

Attorney Steve® BitTorrent Litigation Defense Essentials - Proving your innocence

courthouse seeking justice

Introduction

Our firm has handled hundreds of torrent defense cases and we are a leader on the West Coast, particularly in California federal courts (Southern, Northern, Eastern, and Central).

Strike 3 Holdings, LLC brings hundreds of lawsuits each years attempting to collect piracy fees for illegally downloading and sharing their adult pornographic videos through the "swarm."

To help them accomplish this, they use very good geo location technology tools.  However, their case is not always solid.  Mistakes are made, and innocent people have been pursued.  I know this first hand.

If you have not read my blog on common defenses to Strike 3 infringement allegations you should read this.

At any rate, when we have an innocent party, they will not just "take our word for it."  They will usually want us to produce "exculpatory evidence."  There are a few approaches to this - one is offering up your computer or laptop for an immediate forensic examination (typically they wont do this due to costs, but they should if they want to get at the truth), and another approach is to offer a "declaration" or "affidavit" of non-infringement.  A third approach is to fight them in court, file a countersuit seeking declaratory judgment of non-infringement and seeking your attorney fees if you can prevail. 

This blog focuses on the affidavit or declaration approach.

Common affidavit requirements

If Strike 3's copyright lawyers allow you to do an affidavit to prove your innocence (and dismiss the case with prejudice), here are some of the typical representations they may be seeking - this can differ depending on the case:

PLEASE PROVIDE A REPRESENTATION UNDER OATH AS TO EACH OF THE FOLLOWING:

A list of all the computing devices used in the residence (all laptops, servers, etc. capable of downloading or sharing content)

Represent there are no Strike 3 downloads on any of these devices

Indicate whether or not your router or WiFi were password-protected;

Provide the make, model and serial number for the router (they will want to confirm whether or not these come set with password protect as a default setting)

Represent that you have not seen anyone else download Strike 3 porn films

List all persons, and tenants that reside on the property including their name, age, occupation, and duration of time lived there (obviously, if you have tenants, you need to think twice before divulging their personal information).

A statement that Client has not used BitTorrent (or any other Torrent client) in any form for any improper purpose (ex. to infringe on a third parties copyright, leak a unreleased movie, etc.).  

If a torrent client is installed on any electronic devices, identify the type of software client and what you use it for

Represent that you have not infringed on any Strike 3 Holdings works in the past such as Vixen, Tushy or Blacked videos;

Represent whether or not you have any information regarding the identity of any person who may have used your IP address to infringe on Strike 3 adult porn videos.

Add any other exculpatory evidence you may have.

This is just an example of what you might see.

Contact a BitTorrent Litigation Counsel

Unicourt.com has identified Vondran Legal® as the NUMBE ONE copyright infringement defense law firm in the UNITED STATES (in terms of the number of litigation cases handled) in 2020, and 2021 and poised to THREE-PEAT in 2022.  In this complicated niche area of IP law, there is no substitute for experience and we have settled MILLIONS OF DOLLARS in Strike 3 Holdings Settlements. 

We strive to grind out the best deal possible, and keep you anonymous where possible.   Call us for a free consultation about your case. 

Please have your case number handy.  You can also leave us a message though our contact form.

You can check out our Avvo reviews here (many of these people have done the "due dilligence" for you).  Over 100 (5-star) reviews:  

About the Author

Steve Vondran

Thank you for viewing our blogs, videos and podcasts. As noted, all information on this website is Attorney Advertising. Decisions to hire an attorney should never be based on advertising alone. Any past results discussed herein do not guarantee or predict any future results. All blogs are written by Steve Vondran, Esq. unless otherwise indicated. Our firm handles a wide variety of intellectual property and entertainment law cases from music and video law, Youtube disputes, DMCA litigation, copyright infringement cases involving software licensing disputes (ex. BSA, SIIA, Siemens, Autodesk, Vero, CNC, VB Conversion and others), torrent internet file-sharing (Strike 3 and Malibu Media), California right of publicity, TV Signal Piracy, and many other types of IP, piracy, technology, and social media disputes. Call us at (877) 276-5084. AZ Bar Lic. #025911 CA. Bar Lic. #232337

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