Strike 3 Holdings: Defendant Allowed Copyright Countersuit

Strike 3 Holdings: Defendant Allowed Copyright Countersuit

LOS ANGELES — The Ninth U.S. Circuit Court of Appeals granted summary judgment to a man who had been accused of downloading via BitTorrent copyrighted adult videos by Strike 3 Holdings, confirming his standing in his request for a declaration that he was not a copyright infringer and awarding him $47,776.63 in attorney fees and costs.

The John Doe, only identified as an ex-police officer in his 70s, had been identified by Strike 3 Holdings — copyright holder for the Vixen Media Group content — based on a IP address. He countersued Strike 3, rejecting their accusation and accusing them of “extortion through sham litigation.”

The individual testified he had been “married for 40 years, and, until he was sued, had never heard of the pornographic websites: ‘Blacked,' ‘Vixen,’ or ‘Tushy,’” Metropolitan News-Enterprise reported. He also testified that he “does not know who downloaded these movies.”

Strike 3 had already dropped their copyright infringement suit, and had appealed to the Ninth District to toss out the countersuit as well, claiming it was now moot.

The court opined that the John Doe retained a cause of action because he had a real concern that Strike 3 might sue him again.

“The pending litigation between Doe and Strike 3, coupled with the real threat of future litigation between the parties, constitutes the type of injury that confers constitutional standing,” wrote the three-judge panel.

Circuit Judge Johnnie Rawlinson, Senior Circuit Judge Jay Bybee and Senior District Court Judge Morrison C. England Jr. of the Eastern District of California, sitting by designation, affirmed a previous decision of District Court Judge Thomas S. Zilly of the Western District of Washington.

“Strike 3’s voluntary dismissal of its infringement claims against Doe placed him in the precarious position of deciding whether to pursue his non-infringement counterclaim or to surrender the claim and hope that Strike 3 would not bring further action based on his prior alleged infringement,” the judges continued.

“Doe’s fear of future prosecution, based on the very real prosecution to that point and the thinly veiled threats of fixture contributory-infringement claims, was concrete and imminent,” they added.

The opinion also noted that according to Strike 3’s lawyers’ own admission “it was nearly certain that Doe’s son was the infringer, making it likely that Strike 3 would pursue other infringement claims against Doe in the future.”

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

TeamSkeet, MYLF to Launch New Website FamilyStrokes.com

Sister studios TeamSkeet and MYLF are launching a new website, FamilyStrokes.com.

AV Bulletin: Age Verification Hits the Mainstream, Ofcom Sets a Date

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the country. In the meantime, state legislatures continue to weigh and pass AV bills, AV tech providers continue to tout their services, and legal challenges continue to play out in the courts — with some cases on hold pending the SCOTUS ruling in Paxton.

Segpay Names Kristi Greer VP of Sales

Segpay has promoted long-time employee Kristi Greer to the position of vice president of sales.

BranditScan Names Subgirl Newest Brand Ambassador

BranditScan has named content creator Subgirl its newest brand ambassador.

Arcom Reports Age Verification Enforcement Actions Against 5 Adult Sites

French media regulator Arcom released a statement Tuesday detailing recent actions to enforce age verification rules as set forth under France’s Security and Regulation of the Digital Space (SREN) law.

Pineapple Support, Clips4Sale to Host Performers' Partners Support Group

Pineapple Support and Clips4Sale are hosting a free online support group for partners and family members of adult industry professionals.

FSC Mourns the Loss of Board Director Emeritus Mark Kernes

Free Speech Coalition has released a statement regarding the passing of Board Director Emeritus Mark Kernes.

Alexa Creed Launches New Paysite

Creator Alexa Creed has launched a new membership site through MyMember.site.

Choice Talent Management Launches Fan Platform 'ChoiceFilmz'

Choice Talent Management CEO Chris Crisco has launched a new fan platform called ChoiceFilmz.

Dredd to Launch Official Site

Dredd has announced his new website OfficialDreddXXX.com, launching April 20.

Show More