Strike 3 Holdings, LLC v. Doe
- Vernon Broderick
- 1:23-cv-11220
- U.S. District Court · Southern District of New York
- 5
Strike 3 Holdings v. Doe: Judge Broderick granted early subpoena discovery, with protections allowing the unidentified subscriber to challenge disclosure.
Strike 3 Holdings, LLC may seek the identity of the internet subscriber associated with IP address 108.14.42.75, while the subscriber and the internet service provider receive procedures for challenging or delaying disclosure.
What happened
In Strike 3 Holdings, LLC v. Doe, Strike 3 said an unidentified internet subscriber used BitTorrent to download and share its films without permission. The subscriber was identified only by an internet address.
The court allowed Strike 3 to serve a subpoena on the subscriber’s internet provider before the parties’ initial discovery conference. The provider must notify the subscriber, and the subscriber will have 45 days to challenge the subpoena or ask to remain anonymous before any identifying information is disclosed.
Judge Vernon S. Broderick granted Strike 3’s motion for early discovery, subject to these procedures. The order did not decide whether the subscriber infringed copyright.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:23-cv-11220
- Vernon Broderick
- Mar. 27, 2024
Background
Strike 3 Holdings, LLC alleged that John Doe, identified in the complaint by internet address 108.14.42.75, used the BitTorrent file-sharing network to download and distribute Strike 3’s films without authorization. Strike 3 asserted a claim for direct copyright infringement but did not know the defendant’s identity.
Motion for Early Discovery
Strike 3 asked for permission to serve a third-party subpoena before the parties’ required initial discovery conference. The court explained that this early discovery requires a flexible showing of reasonableness and good cause. It found that Strike 3 had made an initial showing sufficient for this motion and appeared to have no other way to identify the alleged infringer.
The court also recognized that an internet address may be associated with someone other than the person who engaged in the alleged conduct. A single wireless router can serve multiple users, including neighbors, passers-by, or members of the public using an unsecured network. The court therefore found a risk that an innocent subscriber could be wrongly identified and pressured to settle, particularly because the allegations involved adult films.
Ruling and Procedure
Judge Vernon S. Broderick granted Strike 3’s motion for leave to serve a third-party subpoena, subject to procedures protecting the subscriber’s opportunity to contest disclosure. Strike 3 may immediately serve the subpoena on the internet service provider for the name and address associated with internet address 108.14.42.75.
The provider must notify the affected subscriber within 15 days after being served. The subscriber then has 45 days after service to file a motion challenging the subpoena, including a request to proceed anonymously. The provider may not disclose information during that period. If no challenge is filed, the provider must produce the required information within 10 days after the 45-day period ends. If the provider or subscriber files a challenge, the provider must preserve the information and may not disclose it until the court resolves the challenge and orders disclosure.
The order authorized discovery only; it did not decide whether John Doe committed copyright infringement.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.