Strike 3 Holdings v. Doe
- Ronnie Abrams
- 1:25-cv-06412
- U.S. District Court · Southern District of New York
- 8
Strike 3 Holdings v. John Doe: Judge Abrams granted expedited discovery so Verizon could identify the defendant in the alleged copyright-infringement case.
Strike 3 Holdings may seek John Doe’s name and address from Verizon. John Doe receives notice and 60 days to challenge or seek anonymity, while Verizon must withhold the identifying information during that period and any pending challenge.
What happened
Strike 3 Holdings, LLC sued John Doe, identified only by an Internet Protocol address, alleging that Doe downloaded and distributed Strike 3’s adult motion pictures without authorization. Strike 3 asked to subpoena Verizon Online LLC, the internet service provider, for Doe’s name and address.
The court found that all five factors for expedited discovery favored Strike 3: a preliminary showing of copyright infringement, a specific request, no practical alternative way to identify Doe, a need for the information to continue the lawsuit, and only a limited privacy interest in sharing copyrighted material.
Judge Ronnie Abrams granted the motion and authorized Strike 3 to serve Verizon with a subpoena for Doe’s true name and current and permanent address, but not email addresses or telephone numbers. The order gives Doe 60 days after receiving notice to challenge the subpoena or seek anonymity, and protects the identifying information until that period and any challenge have been resolved.
The detailed version
- Strike 3 Holdings v. Doe · No. 1:25-cv-06412
- Ronnie Abrams
- Oct. 9, 2025
Background
Strike 3 Holdings, LLC filed a copyright-infringement lawsuit against John Doe. The complaint alleges that Doe used the BitTorrent file-sharing network to download and distribute Strike 3’s motion pictures without authorization. Strike 3 identified the defendant only through the Internet Protocol (IP) address 108.41.167.97.
Before the required early case-management conference, Strike 3 sought permission under Federal Rule of Civil Procedure 26(d)(1) to serve Verizon Online LLC, the defendant’s internet service provider, with a third-party subpoena. The subpoena sought information identifying Doe, specifically Doe’s name and address.
Court’s analysis
The court applied the Second Circuit’s five-factor test for expedited discovery—discovery allowed before the usual schedule when there is good cause. The factors were:
- Preliminary showing of infringement: The court found that Strike 3 had adequately alleged a preliminary copyright-infringement claim by identifying the copyrighted works, their publication and registration information, and the alleged unauthorized downloading and distribution detected through Strike 3’s VXN Scan system.
- Specificity of the request: The requested discovery was limited to Doe’s name and address.
- No alternative means: The court accepted Strike 3’s position that Verizon was the only entity able to connect the IP address to the subscriber’s identifying information.
- Need for the information: Without the information, Strike 3 would be unable to serve Doe and continue the lawsuit.
- Privacy expectation: Although being identified in a lawsuit involving adult movies could cause embarrassment, the court found that an internet subscriber has a minimal expectation of privacy in sharing copyrighted material.
Order
The court granted Strike 3’s motion. Strike 3 may immediately serve Verizon with a subpoena seeking Doe’s true name and current and permanent address. The subpoena may not seek Doe’s email addresses or telephone numbers.
The court also issued protective procedures. Verizon must serve Doe with the subpoena, the opinion and order, and a notice to the defendant within 60 days after the subpoena is served. Doe then has 60 days after receiving those materials to move to quash or modify the subpoena, or to request permission to litigate anonymously. Verizon may not disclose Doe’s identifying information before that period expires or while a timely challenge is pending. If no challenge is filed, Verizon has 10 additional days to produce the requested information.
The court ordered Verizon to preserve the subpoenaed information and limited any information disclosed to Strike 3’s use in protecting the rights asserted in the complaint. The order authorized expedited discovery; it did not decide whether Doe infringed Strike 3’s copyrights or determine Doe’s identity.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.