Strike 3 Holdings, LLC v. Doe
- Vernon Broderick
- 1:24-cv-07286
- U.S. District Court · Southern District of New York
- 5
In Strike 3 Holdings v. Doe, Judge Broderick authorized early subpoena discovery to identify an alleged copyright infringer while protecting the subscriber’s anonymity.
Strike 3 Holdings, LLC may seek identifying information from the internet service provider associated with the listed Internet Protocol address. The affected internet subscriber may challenge the subpoena or request to proceed anonymously before any identifying information is disclosed.
What happened
Strike 3 Holdings, LLC sued JOHN DOE, identified only by an Internet Protocol address, alleging that the defendant used BitTorrent to download and distribute its adult films without permission. The company said it did not know the defendant’s identity.
Strike 3 asked to subpoena the defendant’s internet provider before the parties’ required early case conference. The subpoena seeks the name and address associated with the listed Internet Protocol address, but the subscriber may challenge the subpoena before any information is disclosed.
Judge Vernon S. Broderick granted the motion. The internet provider must notify the subscriber, who has 45 days to challenge the subpoena or ask to proceed anonymously; disclosure must wait while any challenge is pending.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:24-cv-07286
- Vernon Broderick
- Nov. 8, 2024
Background
Strike 3 Holdings, LLC alleged that JOHN DOE used BitTorrent to download and distribute Strike 3’s films without authorization. The complaint identified the defendant by Internet Protocol address 100.2.212.171 because Strike 3 did not know the defendant’s identity. Strike 3 asserted a claim for direct copyright infringement.
Motion for Early Discovery
Ordinarily, parties generally cannot seek discovery before meeting and conferring under Federal Rule of Civil Procedure 26(f), unless the court permits it. Strike 3 asked for permission to serve a subpoena on the internet service provider associated with the Internet Protocol address before that conference.
The court applied a flexible reasonableness and good-cause standard. It found that Strike 3 had stated an initial copyright-infringement claim sufficient for purposes of the motion and appeared to have no other way to identify the alleged infringer. The court also recognized that the person responsible for activity associated with an Internet Protocol address may not be the person whose name appears in the provider’s billing records. Possible users could include neighbors, passers-by using an unsecured network, or members of the public using a network at a café or airport.
Ruling and Required Procedure
Judge Vernon S. Broderick granted Strike 3’s motion for leave to serve a third-party subpoena, subject to procedures protecting the internet subscriber’s opportunity to challenge it before disclosure.
The order permits Strike 3 to immediately serve the provider with a subpoena under Federal Rule of Civil Procedure 45 seeking the name and address associated with Internet Protocol address 100.2.212.171. The provider must give the affected subscriber a copy of the subpoena and the order within 15 days after service. The subscriber then has 45 days after service to file a motion challenging the subpoena, including a request to litigate anonymously. The provider may not disclose information to Strike 3 during that period.
If the subscriber does not file a challenge within 45 days, the provider must produce the necessary information within 10 days afterward. The provider may also challenge the subpoena, must protect the subscriber’s identifying information in any filing, must preserve the subpoenaed information, and may not disclose it unless the court resolves the challenge and orders disclosure.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.