Strike 3 Holdings, LLC v. Doe

Background

Strike 3 Holdings, LLC, which the opinion describes as an owner and distributor of adult films, sued John Doe for alleged copyright infringement. Strike 3 alleged that Doe downloaded and distributed its films through BitTorrent, a file-sharing system. Strike 3 identified Doe only through an Internet Protocol address and sought permission to serve a third-party subpoena on Spectrum, the internet service provider identified in the order, to obtain information identifying Doe.

Legal standard

Under Federal Rule of Civil Procedure 26(d)(1), a party generally cannot seek discovery before the parties’ required initial conference unless the court permits it. Courts apply a flexible good-cause standard. The court considered five factors: whether Strike 3 made a concrete preliminary showing of harm, whether the request was specific, whether another way existed to obtain the information, whether the information was needed to advance the claim, and Doe’s expectation of privacy.

Analysis

The court found that Strike 3 made a preliminary showing of copyright infringement. It alleged ownership of valid copyrights registered with the United States Copyright Office and alleged that Doe transmitted Strike 3’s works through file sharing, supported by declarations and forensic evidence.

The court also found the discovery request sufficiently specific because it sought only the name and address of the subscriber associated with Doe’s Internet Protocol address. It concluded that Strike 3 had shown it could not obtain Doe’s identity through another method because the internet service provider was the entity able to connect the address to a subscriber. The court further found that the information was needed for the case to proceed and that Strike 3’s interest in identifying Doe outweighed Doe’s limited privacy interest in the alleged sharing of copyrighted material.

Because the case involved adult content and the court identified a substantial risk of mistaken identification, it ordered protections connected to the subpoena. The internet service provider must notify Doe and provide Doe with the subpoena, the court’s order, and a notice explaining Doe’s rights. Doe has 60 days after receiving notice to move to quash or modify the subpoena or to request permission to litigate anonymously.

Disposition

The court granted Strike 3’s motion. It authorized Strike 3 to serve a Rule 45 subpoena on Spectrum seeking only Doe’s true name and current and permanent address, and barred Strike 3 from requesting additional information such as an email address or telephone number. If neither Doe nor Spectrum challenges the subpoena within the 60-day period, Spectrum must produce the responsive information within 10 days. Strike 3 may use information disclosed under the subpoena only to protect the rights asserted in its complaint.

Effect

The order did not decide whether Doe infringed Strike 3’s copyrights. It allowed Strike 3 to seek identifying information while preserving Doe’s opportunity to challenge the subpoena or remain anonymous.