Strike 3 Holdings, LLC v. Doe
- Lewis Kaplan
- 1:24-cv-02516
- U.S. District Court · Southern District of New York
- 7
In Strike 3 Holdings v. John Doe, Magistrate Judge Stein allowed limited subpoena discovery to identify the anonymous defendant in a copyright case.
Strike 3 Holdings, LLC may subpoena Spectrum for John Doe’s name and address, while John Doe receives notice, a 60-day opportunity to challenge the subpoena, and temporary protection of his or her public anonymity. Spectrum must preserve the information and cannot disclose it before the specified deadlines or resolution of a challenge.
What happened
In Strike 3 Holdings, LLC v. John Doe, Strike 3 alleged that an unidentified internet subscriber used a BitTorrent service to download and distribute its movies. Strike 3 knew only the subscriber’s internet address and asked to subpoena the internet provider, Spectrum, for the subscriber’s name and address.
The court granted Strike 3’s request with limits. Strike 3 may seek only the subscriber’s name and address, and Spectrum must notify the subscriber before releasing that information. The subscriber has 60 days after receiving notice to challenge the subpoena. The court did not decide whether copyright infringement occurred.
Magistrate Judge Stein also allowed the defendant to remain publicly anonymous for now. Any identifying information must be filed under seal, and Strike 3 may use information obtained through the subpoena only to protect its rights in this lawsuit.
The detailed version
- Strike 3 Holdings, LLC v. Doe · No. 1:24-cv-02516
- Lewis Kaplan
- May 20, 2024
Background
Strike 3 Holdings, LLC sued an unidentified defendant for alleged copyright infringement. Strike 3 alleges that the defendant used the BitTorrent protocol to download and distribute Strike 3’s motion pictures. Strike 3 traced the alleged activity to Internet Protocol address 69.203.113.57 but could identify the defendant only through that address.
Strike 3 asked for permission under Federal Rule of Civil Procedure 26(d)(1) to serve a subpoena before the parties’ required conference about managing the case. The subpoena would be directed to Spectrum, the internet service provider associated with the address, and would seek only the defendant’s name and address so Strike 3 could formally serve the complaint.
Court’s analysis
Applying the Second Circuit’s test for early discovery to identify an unknown defendant, the court found that Strike 3 had made substantially the same factual showing that had supported similar requests. The court concluded that the relevant factors favored the request and that there was good cause for the limited discovery before the case-management conference.
The court also found that safeguards were needed because the allegations involved downloading an adult movie, creating possible embarrassment, coercive settlement pressure, and a risk that an Internet Protocol address might not accurately identify the person who used it. The court determined that the factors supporting temporary anonymous litigation favored protecting the defendant’s identity at this stage.
Order
The court granted Strike 3’s motion with limitations. Within 14 days of the order, Strike 3 may serve Spectrum with a subpoena seeking only John Doe’s name and address. It may not seek other information, including a telephone number or email address. The subpoena must include the complaint, the order, and a notice to the subscriber.
Within 60 days after receiving the subpoena, Spectrum must deliver those materials to the subscriber or subscribers it determines are associated with the Internet Protocol address. The subscriber then has 60 days from delivery to ask the court to cancel or change the subpoena. Spectrum may not disclose identifying information to Strike 3 before that period ends, or while a timely challenge is pending. Spectrum must preserve the subpoenaed information while any timely challenge is resolved.
If no challenge is filed, Strike 3 may notify the court and request an order requiring Spectrum to release the information. The court stated that it expected then to direct production within 21 days. Information disclosed through the subpoena may be used only to protect Strike 3’s rights in the lawsuit. Strike 3 may not begin settlement discussions before serving the complaint without the court’s permission, although it may participate if the defendant initiates discussions.
John Doe may proceed anonymously unless the court orders otherwise. Strike 3 may not publicly file identifying information and must file documents containing that information in redacted form, with unredacted versions under seal. The court directed Strike 3 to file a status letter by July 22, 2024, and directed the clerk to close the motion at Docket Number 7.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.