Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC alleged that unidentified defendant John Doe, identified in the caption as the subscriber assigned Internet Protocol address 66.65.131.59, distributed Strike 3’s copyrighted movies in violation of the Copyright Act. The movies contained pornographic material. Strike 3 sought permission to take expedited discovery—early information gathering before the usual schedule—from Spectrum, the Internet Service Provider associated with the address, to learn John Doe’s name and address.

Court’s Analysis

The court found good cause for some expedited discovery because Strike 3 could not identify John Doe or serve him without the information. The court also stated that Spectrum qualifies as a cable operator under 47 U.S.C. § 522(5) and therefore was effectively prohibited by 47 U.S.C. § 551(c) from disclosing John Doe’s identity without a court-ordered subpoena.

The court emphasized that the person who controls an Internet Protocol address is not necessarily the person who committed the alleged infringement. Someone else with access to the connection, such as a child, neighbor, or houseguest, could be responsible. The court found a real risk that the wrong person could be identified, forced to defend against unsupported allegations, or pressured into an unjust settlement. It found that risk especially serious because the alleged infringement involved a pornographic movie and could cause embarrassment if made public.

Order

The court allowed Strike 3 to conduct immediate discovery from Spectrum through a subpoena under Federal Rule of Civil Procedure 45 seeking John Doe’s name and current and permanent address. Strike 3 must attach the order to the subpoena and immediately serve the order on Spectrum. Spectrum must serve the order on John Doe by a reasonable method, including first-class mail or overnight service to John Doe’s last known address.

John Doe has 60 days from service of the order to file a motion challenging the subpoena, including a motion to quash or modify it, or to request permission to litigate anonymously. Spectrum may not disclose identifying information to Strike 3 before that 60-day period ends. If John Doe or Spectrum files a challenge, Spectrum may not disclose information until the court resolves the issues and orders Spectrum to resume producing the discovery.

If the 60-day period expires without a challenge, Spectrum has 10 days to provide the subpoenaed information. Spectrum must preserve the information while a timely motion to quash is pending, confer with Strike 3, and not demand advance payment for producing the information. Any information disclosed may be used only to protect Strike 3’s rights described in its complaint. The Clerk of Court was directed to close the motion at ECF No. 6.