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

Ohio AG Threatens Action Against 'Major' Adult Sites Over AV Law

Ohio Attorney General Dave Yost announced today that his office is sending "notice of violation" letters to 19 adult websites for failure to comply with the state's recently enacted age verification law.

Chaturbate Announces 2025 Music Contest Winners

Chaturbate has revealed the winners of its 2025 music competition.

2026 XBIZ Exec Awards Pre-Noms Open With Debut of New 'Impact' Honors

XBIZ is pleased to announce that the pre-nomination period for the 2026 XBIZ Exec Awards, the adult industry’s premier career honor, begins today and runs through Oct. 14.

MYM Launches New Traffic System

German creator platform MYM has launched a new traffic system for its members.

Ukrainian Content Creators on Hook for Nearly $10M in Back Taxes

Content creators in Ukraine owe the equivalent of $9.3 million in back taxes, according to the country's State Tax Service.

Updated: European Patent Office Board of Appeals Revokes EIS GmbH Patent

The European Patent Office (EPO) Board of Appeals last week ruled in favor of pleasure brand LELO in the company's ongoing dispute with Satisfyer parent company EIS GmbH.

Eroutique Relaunches Site Through YourPaysitePartner

Eroutique has relaunched its official website through YourPaysitePartner (YPP).

Update: Pornhub Will Not Block Ohio, Despite AV Law

Pornhub parent company Aylo will not block access to its websites in Ohio, despite new state age verification rules that came into effect Sept. 30.

Pineapple Support, Pornhub to Host 'ADHD-Friendly' Support Group

Pineapple Support and Pornhub are hosting a free online support group for performers with ADHD.

Judge Dismisses Some Claims in 'Children of Pornhub' Trafficking Suit

A United States district judge on Friday dismissed some but not all claims against Aylo in a long-running case involving CSAM allegations featured in the influential 2020 New York Times article “The Children of Pornhub.”

Show More