Strike 3 Holdings LLC v. Doe subscriber assigned IP address 73.62.192.71

Background

Strike 3 Holdings, LLC filed 32 separate copyright-infringement cases against John Doe defendants identified only by internet protocol addresses. Strike 3 alleged that each defendant used the BitTorrent file-distribution system to download and distribute one or more of Strike 3’s copyrighted movies without authorization. Strike 3 said its infringement-detection system identified the relevant internet addresses, but that the defendants’ internet service providers were the only parties able to connect those addresses to subscriber names and addresses.

In each case, Strike 3 sought permission to serve a Federal Rule of Civil Procedure 45 subpoena before the Rule 26(f) conference, which is the required early meeting about discovery. The requested discovery was intended to identify the anonymous defendant, investigate the alleged infringement, and allow service of the lawsuit.

Court’s analysis

The court applied the district’s good-cause standard for expedited discovery, meaning discovery allowed earlier than the ordinary schedule when the need for it outweighs potential prejudice. It considered five factors: whether Strike 3 made a concrete initial showing of an actionable claim; whether the request was specific; whether other ways existed to obtain the information; whether the information was needed for the case to proceed; and the subscriber’s expectation of privacy.

The court found all five factors favored limited early discovery. It held that Strike 3 sufficiently alleged ownership of valid copyrights, copying and distribution by each defendant, and lack of authorization. The court also found that the request was limited to the subscriber’s name and address, that no alternative method was available, and that the cases could not proceed without identifying the defendants. Although the court recognized that an internet subscriber might not be the person who committed the alleged infringement, it concluded that Strike 3’s right to pursue its copyright claims outweighed the subscribers’ privacy interests if protective measures were used.

Order

The court granted all 32 motions for permission to serve third-party subpoenas before the Rule 26(f) conferences. For each case, Strike 3 may serve a Rule 45 subpoena on the identified internet service provider seeking only the name and address of the subscriber assigned to the relevant internet address during the period of the alleged infringement.

The subpoena must provide at least 60 days before production is required and must be limited to one category of documents identifying the particular subscriber. The provider may seek a protective order if it has a legitimate basis. Within 14 calendar days after receiving the subpoena, the provider must notify the subscriber. The subscriber then has 45 calendar days from notice to seek a protective order, file a responsive pleading, or both.

No other discovery was authorized. Strike 3 must not publicly disclose the subpoena response until the defendant has had an opportunity to request permission to proceed anonymously and the court rules on that request. The court also required Strike 3 to file a status report in each case by December 9, 2024, without including information identifying any defendant.