Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC alleged that works it owns were downloaded and distributed through the BitTorrent network from internet address 96.246.31.231. On August 14, 2024, the court permitted Strike 3 to serve a subpoena on Verizon Online LLC to learn the identity of the subscriber assigned to that address.

According to Strike 3’s letter, after receiving the subpoena response and conducting additional investigation, it identified the subscriber as the alleged infringer and filed a first amended complaint. Strike 3 asked to replace the John Doe designation while continuing to use a pseudonym in the case caption. It also asked to file unredacted versions of the first amended complaint, proposed summons, and return of service under seal because those documents contain the defendant’s name, address, and other personally identifying information.

Issue and request

Strike 3 proposed that the documents be sealed provisionally. It argued that this approach would allow the defendant to become a party and be heard about privacy concerns before the identifying information was disclosed publicly. Strike 3 also proposed that it not file documents containing the defendant’s name or address on the public docket unless the court expressly authorized it.

Ruling

The court stated: “GRANTED.” It ruled that, to the extent the first amended complaint, proposed summons, and return of service contain the defendant’s personally identifiable information, those documents may be filed under seal on a provisional basis. The court also reminded Strike 3 that, under its Individual Rules, court approval is not required for the five categories of sensitive information identified in Individual Rule 4(B)(1).

This order addressed provisional sealing and public access to identifying information. The provided opinion does not decide whether the defendant infringed Strike 3’s works or resolve the underlying copyright claims.