Strike 3 Holdings, LLC v. Doe
- Ronnie Abrams
- 1:22-cv-06379
- U.S. District Court · Southern District of New York
- 7
In Strike 3 Holdings v. Doe, Judge Abrams granted expedited discovery so the plaintiff could subpoena Spectrum for the defendant’s identity.
Strike 3 Holdings, LLC may obtain limited identifying information about John Doe from Spectrum. John Doe receives notice and an opportunity to challenge the subpoena or seek anonymity, while Spectrum must preserve the information and follow the court’s disclosure procedures.
What happened
Strike 3 Holdings, LLC v. Doe concerns a copyright lawsuit against a defendant identified only by an Internet Protocol address. Strike 3 alleged that the defendant downloaded and distributed its adult motion pictures.
Strike 3 asked to serve Spectrum, the defendant’s internet provider, with a subpoena before the parties’ usual discovery conference. The court found that the request was specific, necessary to identify and serve the defendant, and supported by an initial showing of copyright infringement, while recognizing the defendant’s privacy concerns.
Judge Ronnie Abrams granted the motion. Strike 3 may subpoena the defendant’s true name and current and permanent address, but not email addresses or telephone numbers; the order also provides notice and an opportunity to challenge or limit the subpoena.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:22-cv-06379
- Ronnie Abrams
- Aug. 25, 2022
Background
Strike 3 Holdings, LLC filed a copyright-infringement lawsuit against John Doe, who was identified only through subscriber Internet Protocol address 74.72.114.215. Strike 3 alleged that the defendant downloaded and distributed Strike 3’s motion pictures through the BitTorrent file-sharing network. The opinion does not decide whether John Doe committed copyright infringement.
Before the parties held the usual discovery conference, Strike 3 asked for permission under Federal Rule of Civil Procedure 26(d)(1) to serve a subpoena on Spectrum, the defendant’s internet service provider. The subpoena sought information identifying John Doe’s name and address.
Court’s analysis
The court applied a flexible reasonableness-and-good-cause standard for expedited discovery, meaning discovery allowed before the ordinary schedule when justified. It considered five factors:
- Initial showing of infringement. The court found that Strike 3 had made an initial showing because its complaint described the copyrighted works, their publication and registration information, and Strike 3’s allegation that its proprietary “VXN Scan” system detected downloading and distribution.
- Specificity of the request. The court found the request narrow because it sought only the defendant’s name and address.
- Lack of alternative means. The court found that Spectrum was the only entity identified as able to connect the Internet Protocol address to its subscriber.
- Need for the information. Without the information, Strike 3 would be unable to serve John Doe and pursue the lawsuit.
- Privacy. The court recognized that identifying a defendant in a case involving adult movies could cause embarrassment, but found that internet subscribers have a limited expectation of privacy in sharing copyrighted material.
Order
Judge Ronnie Abrams granted Strike 3’s motion. Strike 3 may immediately serve Spectrum with a subpoena seeking John Doe’s true name and current and permanent address. Strike 3 may not subpoena email addresses or telephone numbers.
The court ordered Spectrum to notify John Doe within 60 days after receiving the subpoena by providing the subpoena, the court’s order, and a notice to the defendant. If John Doe or Spectrum does not challenge the subpoena during that period, Spectrum will have 10 days to provide the requested information to Strike 3. If John Doe moves to cancel or modify the subpoena, or seeks to proceed anonymously, Spectrum must be notified and must not release the contact information until the court rules.
The subpoenaed information must be preserved while any timely challenge is pending. Any information disclosed may be used only to protect Strike 3’s rights in this lawsuit. The court also adjourned the initial conference without setting a new date and directed the clerk to terminate the pending motion.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.