Strike 3 Holdings, LLC v. Doe
- Vyskocil
- 1:21-cv-03974
- U.S. District Court · Southern District of New York
- 2
In Strike 3 Holdings v. Doe, Judge Vyskocil granted permission to subpoena Verizon for the alleged infringer’s identity and address.
Strike 3 Holdings, LLC may obtain limited identifying information from Verizon about the John Doe defendant, subject to the order’s conditions; Verizon must comply with the subpoena and applicable statutory requirements.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by an internet protocol address, alleging that Doe illegally downloaded its copyrighted works. It asked to subpoena Verizon Fios before the usual discovery conference to learn the customer’s name and address.
The court found that Strike 3 had shown a basic copyright-infringement claim, that its request was limited to one person, and that Verizon was the only source of the requested identifying information. The court also found that the plaintiff’s need to pursue the case outweighed the defendant’s privacy interest.
The court granted the motion. Judge Mary Kay Vyskocil authorized Strike 3 to serve Verizon with a Rule 45 subpoena, required Strike 3 to provide Verizon with a copy of the order, and limited use of the disclosed information to prosecuting this case.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:21-cv-03974
- Vyskocil
- May 13, 2021
Background
Strike 3 Holdings, LLC sued John Doe, whom the complaint identified through the internet protocol address 74.108.49.191. Strike 3 alleged that the person using that address illegally downloaded the company’s copyrighted works. Because Verizon Fios was the internet provider associated with the address, Strike 3 asked for permission to serve Verizon with a subpoena before the parties’ required Rule 26(f) discovery conference.
Court’s analysis
The court applied the standard for expedited discovery—discovery allowed before the normal schedule when good cause exists. It found that Strike 3 had established a basic, legally sufficient showing of copyright infringement. The court also found that the request was specific and limited to the name and address of one person; that Verizon was the only identified source able to connect the internet protocol address to a real-world person; and that the information was necessary for Strike 3’s claims to proceed.
The court acknowledged the defendant’s privacy interest but concluded that it was outweighed by Strike 3’s need to pursue the alleged copyright violation. The order did not decide whether John Doe actually infringed the copyrights.
Order
Judge Mary Kay Vyskocil granted Strike 3’s motion. The court authorized Strike 3 to serve Verizon with a Rule 45 subpoena seeking the name and address of the defendant to whom Verizon assigned the listed internet protocol address. Strike 3 must serve Verizon with a copy of the order at the same time as the subpoena. If Verizon qualifies as a cable operator under the cited federal statute, it must comply with that statute’s requirements.
The court further ordered that Strike 3 may use information disclosed through the subpoena only to prosecute its claims in this action. The clerk was directed to terminate the pending motion.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.