Strike 3 Holdings, LLC v. Doe
- Lewis Liman
- 1:22-cv-01618
- U.S. District Court · Southern District of New York
- 8
In Strike 3 Holdings v. Doe, Judge Liman granted early discovery so Strike 3 could subpoena Spectrum for the unidentified subscriber’s name and address.
Strike 3 may obtain limited identifying information from Spectrum about the subscriber associated with the specified Internet Protocol address. John Doe receives notice and 60 days to challenge the subpoena or seek anonymous treatment. Spectrum must follow the notice, waiting-period, and disclosure procedures in the order.
What happened
In Strike 3 Holdings, LLC v. John Doe, Strike 3 alleged that an unidentified internet subscriber used BitTorrent to download and distribute its copyrighted films. Because Strike 3 knew only the subscriber’s Internet Protocol address, it asked to subpoena Spectrum, the internet service provider, before the parties’ required discovery conference.
The court found good cause for the early subpoena. It concluded that Strike 3 had made an initial showing of copyright infringement, that its request for the subscriber’s name and address was specific, that Spectrum was the only identified source for that information, and that the information was needed to serve the lawsuit. The court also found that the subscriber’s privacy interest was outweighed by Strike 3’s need to identify the defendant, while recognizing the risk of mistaken identification and embarrassment.
Judge Liman granted Strike 3’s motion and entered protective procedures. Spectrum must notify John Doe, who has 60 days to challenge or modify the subpoena or request to proceed anonymously. If no one challenges it, Spectrum may disclose only the subscriber’s true name and current and permanent address after the specified waiting period; Strike 3 may use the information only to protect the rights asserted in its complaint.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:22-cv-01618
- Lewis Liman
- Mar. 15, 2022
Background
Strike 3 Holdings, LLC alleged that John Doe, identified only through Internet Protocol address 67.245.98.169, illegally downloaded and distributed Strike 3’s copyrighted adult films using BitTorrent. Strike 3 asked for permission under Federal Rule of Civil Procedure 26(d)(1) to serve a subpoena on Spectrum, the internet service provider associated with the address, before the parties held their required discovery conference. Strike 3 said Spectrum was the only entity that could connect the Internet Protocol address to the subscriber’s identity.
Court’s Analysis
The court applied the Second Circuit’s five-factor test for determining whether there is good cause for discovery before the required conference. The factors address whether the plaintiff has made an initial showing of a viable claim, whether the request is specific, whether the information can be obtained another way, whether it is needed to advance the claim, and the affected person’s privacy expectations.
The court found that Strike 3 had made an initial showing of copyright infringement by alleging ownership of registered copyrights and distribution of its works through file sharing, supported by declarations and forensic evidence. The court found the request sufficiently specific because it sought only the name and address associated with the identified Internet Protocol address. It also found that Spectrum was the only available source for that information and that the information was necessary for Strike 3 to identify and serve John Doe.
The court recognized that internet subscribers have a limited privacy interest in sharing copyrighted material. Because the case involved adult content and the court identified a substantial risk of mistaken identification, embarrassment, or other burdens, it ordered protective procedures to give John Doe an opportunity to object or seek anonymous treatment.
Order
The court granted Strike 3’s motion. Strike 3 may serve Spectrum with a subpoena under Rule 45 seeking John Doe’s true name and current and permanent address. Strike 3 may not request additional information, including an email address or telephone number.
Spectrum must serve John Doe with the subpoena, the court’s order, and a notice to the defendant within 60 days after receiving the subpoena. John Doe then has 60 days after receiving notice to file a motion challenging, quashing, or modifying the subpoena, or to request permission to litigate anonymously. If John Doe contests the subpoena, Spectrum must not release the contact information until the court rules on the challenge. If neither John Doe nor Spectrum contests the subpoena within the 60-day period, Spectrum has 10 days to produce the responsive information, which Strike 3 may use only to protect the rights asserted in its complaint.
The order concerns early discovery and identification of the defendant; it does not decide whether John Doe ultimately infringed Strike 3’s copyrights.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.