Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC alleged that John Doe, identified only by Internet Protocol (IP) address 96.57.238.42, downloaded, copied, and distributed Strike 3’s copyrighted movies in violation of the Copyright Act. Strike 3 sought permission to serve a third-party subpoena on CSC Holdings LLC, identified as Optimum Online and Doe’s internet service provider, to obtain Doe’s name and address. Strike 3 said this information was necessary to identify Doe, investigate the alleged infringement, and serve the complaint.

Expedited Discovery

The court applied the standard used for expedited discovery, meaning discovery allowed before the usual timetable when there is good cause. The court considered whether Strike 3 had shown a possible actionable claim, whether the request was specific, whether other means of obtaining the information existed, whether the information was necessary to advance the case, and Doe’s privacy interests.

The court found that Strike 3 had made an adequate initial showing of copyright infringement by describing its original copyrighted works and providing details about the alleged infringement, including dates, times, and locations. The court also found that the request was limited to the subscriber’s name and address associated with the target IP address, that Strike 3 had no alternative way to obtain that information, and that the information was needed to serve Doe and pursue the case. Although the allegations involved adult movies and disclosure could cause embarrassment, the court found that the relevant privacy interest was limited and that a protective order would provide additional protection.

Order

The court granted Strike 3’s motion for leave to serve the third-party subpoena. Strike 3 must attach the order and the required notice to the subpoena. The subpoena may seek Doe’s name and address, but Strike 3 may not use it to seek Doe’s phone number or email address.

The court ordered that Doe may proceed anonymously unless the court orders otherwise. Strike 3 may not begin settlement discussions before serving the complaint without the court’s permission, although it may participate if Doe starts those discussions.

The internet service provider must give Doe the subpoena, the order, and the notice within 60 days after receiving the subpoena. Doe then has 60 days after receiving notice to file a motion challenging the subpoena, including a motion to quash or modify it. The provider may not disclose Doe’s identifying information before that period ends or while a timely challenge is pending. If no challenge is filed, the provider has 10 days after the 60-day period to produce the responsive information. The provider must preserve the information while any timely challenge is resolved.

The disclosed information may be used only to protect Strike 3’s rights described in the complaint. Strike 3’s deadline to serve Doe was extended to 45 days after receiving the information from the provider. Strike 3 must also submit status letters to the court every 60 days until Doe answers or otherwise responds; failure to do so may result in dismissal for failure to prosecute.