Dish Network L.L.C. v. Does 1-10

Background

Dish Network L.L.C. alleged that unidentified defendants, Does 1-10, distributed Dish Network’s exclusively licensed television channels in violation of the Copyright Act. Dish Network sought permission to take expedited discovery—information gathering before the ordinary schedule—from third-party service providers associated with the alleged conduct. The providers identified in the order included Overall IT Services Private Ltd., NOCIX LLC, Fast Domain Inc., and Phoenix NAP.

Dish Network sought the defendants’ names and addresses. The court stated that Dish Network had investigated the defendants’ activities for two years but had identified no more than their internet protocol addresses and account names. The court also stated that Dish Network appeared to have no reasonable alternative to the requested subpoenas for obtaining the alleged infringers’ identities.

Ruling

The court allowed Dish Network to conduct immediate discovery from third-party service providers associated with myindian.tv, new.myindian.tv, and the My Indian TV Service. Dish Network may use subpoenas under Federal Rule of Civil Procedure 45, a rule governing subpoenas for documents or information, to seek the defendants’ names and current and permanent addresses. A copy of the order must accompany each subpoena.

Dish Network must immediately serve the order on any provider it intends to subpoena, and the provider must serve the order on any defendant. Defendants have 60 days after service to challenge a subpoena, including by asking the court to cancel or change it, or to request permission to litigate anonymously. Providers may not disclose identifying information before that period ends. If a timely challenge is filed, disclosure must wait until the court resolves the issues and directs the provider to proceed.

If no challenge is filed within 60 days, the provider has 10 days to produce responsive information. Providers must preserve subpoenaed information while a timely challenge is pending, confer with Dish Network, and may not charge production costs in advance. Any information disclosed may be used only to protect the rights asserted in Dish Network’s complaint. The court also directed the Clerk of Court to close Docket No. 5.