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 © 2026 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

Adult Trade Group Pearl Industry Network to Debut at Taboo Vancouver

Pearl Industry Network (PiN), a new trade group for the adult industry focused on content creators, will debut at Taboo Vancouver adult lifestyle and wellness expo next week.

New Creator Platform 'OnlyPhones' Launches

OnlyPhones, a new phone-based creator platform, has officially launched.

AEBN Reveals Ariel Demure as Top Trans Star for Q4 of 2025

AEBN has published its top trans stars list for the fourth quarter of 2025, with reigning XMAs Trans Performer of the Year Ariel Demure landing atop the leaderboard.

Rebel Lynn Launches 'PoleVixens' Through Paysite.com

Rebel Lynn has launched her new pole dancing-themed membership site, PoleVixens, through Paysite.com.

Pineapple Support Taps Athena Bellamy as Brand Ambassador

Pineapple Support has named Athena Bellamy as its newest brand ambassador.

AV Bulletin: Health Warnings, VPNs and Exemptions

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been introduced around the United States, as well as at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Blake Blossom, Derek Kage Cap AEBN's Top Stars for 4th Quarter of 2025

AEBN has revealed its most popular performers in straight and gay theaters for the fourth quarter of 2025.

Adult Time Renews Silver Sponsorship for Pineapple Support

Adult Time has renewed its sponsorship of Pineapple Support at the Silver level.

Pornhub to Block UK Users Without Accounts Starting Feb. 2

Pornhub parent company Aylo will block access to its free video-sharing platforms in the United Kingdom starting Feb. 2 unless users have already set up accounts prior to that date, the company announced Tuesday.

Aylo Wins Another Major Piracy Lawsuit

For the second time in recent weeks, Pornhub parent company Aylo has prevailed in a copyright infringement case against sites pirating its content.

Show More