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

Pineapple Support Taps Char Borley as Brand Ambassador

Pineapple Support has named Char Borley as its newest brand ambassador.

Michigan Legislators Propose Online Porn Ban

Michigan lawmakers have introduced a bill that would make it illegal to distribute pornography via the internet in the state.

Florida AG Sues Aylo, Segpay Over State AV Law

Florida Attorney General James Uthmeier filed lawsuits against Aylo and Segpay on Monday with the 12th Judicial Circuit Court of Florida for noncompliance with HB3, the state's age verification law.

Colombian Court Sides with Performer Esperanza Goméz Over IG Suspensions

Colombia’s Constitutional Court last week ruled in favor of adult performer Esperanza Gómez in her legal battle against Meta over repeated suspensions of her Instagram account.

Missouri AG Announces Age Verification Rule to Take Effect Nov. 30

Newly appointed Missouri Attorney General Catherine Hanaway announced Friday that the state's recently approved age verification regulation for adult websites will go into effect on Nov. 30.

Aylo, Woodhull Freedom Foundation to Tackle Online Censorship in Virtual Seminar

Aylo and Woodhull Freedom Foundation will co-host a virtual panel addressing online censorship on Sept. 30.

Severe Sex Films Relaunches Site Through YourPaysitePartner

Severe Sex Films has relaunched its official website through YourPaysitePartner (YPP).

Judge Awards Plaintiffs Over $400K in Attorneys Fees in Derek Hay Civil Case

California Superior Court Judge Gail Killefer has awarded former clients of LA Direct Models over $400,000 in attorneys fees and court costs, to be paid by agency founder Derek Hay.

ChickPass Rebrands as 'ChickPass Cinematic Universe'

ChickPass has announced that it has rebranded its network of sites as ChickPass Cinematic Universe.

New Adult Social Media Platform 'Havven' Opens Beta Phase

Havven, a new adult social media platform, has opened its beta phase and will officially launch Oct. 5.

Show More