Strike 3 Holdings, LLC v. Doe subscriber assigned IP address 96.42.102.222

Background

Strike 3 Holdings, LLC filed fourteen similar copyright-infringement cases against unnamed John Doe defendants. In the case involving IP address 96.42.102.222, Strike 3 alleged that the defendant used BitTorrent to download and distribute one or more of Strike 3’s copyrighted movies without authorization. Strike 3 said its infringement-detection system identified the IP address but could not identify the person using it. Strike 3 alleged that the internet service provider could connect the IP address to the subscriber’s name and address.

Strike 3 filed an ex parte motion—meaning a motion made without advance participation by the opposing party—for permission to serve a third-party subpoena before the parties held the conference generally required before discovery begins. The subpoena sought information from the internet service provider so Strike 3 could identify the defendant, investigate the alleged infringement, and serve the defendant.

Court’s analysis

The court applied a good-cause standard used in the District of Minnesota for expedited discovery. Under that standard, the need for immediate discovery must outweigh prejudice to the responding party. The court considered five factors: whether Strike 3 showed an initial actionable claim, whether the request was specific, whether alternative methods existed to obtain the information, whether the information was needed to advance the case, and the subscriber’s privacy expectations.

The court found that the factors supported expedited discovery in all fourteen cases. It found that Strike 3 had adequately alleged ownership of copyrighted works, unauthorized copying and distribution, and lack of authorization. It also found that the discovery request was limited to the subscriber’s name and address, that there were no alternative ways to obtain the information, and that the cases could not proceed without identifying the defendants.

The court recognized that the subscriber assigned an IP address might not be the person who committed the alleged infringement and could be drawn into a case involving sensitive and potentially embarrassing material. It therefore authorized the subpoenas subject to privacy protections.

Order

The court granted all fourteen motions for leave to serve a third-party subpoena before the required conference, including Strike 3’s motion in No. 23-cv-1169. Strike 3 may serve a subpoena under Federal Rule of Civil Procedure 45 on the relevant internet service provider seeking only the name and address of the subscriber assigned the identified IP address during the periods of alleged infringement.

The subpoena must provide at least 60 days’ notice before production is required and must be limited to one category of documents identifying the subscriber. The internet service provider may seek a protective order if it has a legitimate basis to do so.

Within 14 calendar days after receiving the subpoena, the internet service provider must notify the subscriber. The subscriber then has 45 calendar days from the notice date to seek a protective order, file a responsive pleading, or do both. The provider must give the subscriber a copy of the court’s order, certify that the required notice was provided, and state when it was provided. No other discovery was authorized at that time.

Strike 3 may not publicly disclose information produced under the subpoena until the subscriber has had an opportunity to ask to proceed anonymously and the court has ruled on that request. If the subscriber does not seek permission to proceed anonymously within 45 days after the information is disclosed to Strike 3’s counsel, the limited protective order will expire. Strike 3 also had to file a status report in each of the fourteen cases by July 12, 2023, without including information about the defendants’ identities.

Judge Dulce J. Foster signed the omnibus order as a United States magistrate judge. The order authorized identity-related discovery; it did not determine whether the subscriber committed copyright infringement.