First Time Videos, LLC v. Does 1-76
276 F.R.D. 254
| N.D. Ill. | 2011Background
- Plaintiff First Time Videos, LLC sues 76 unnamed Doe defendants for copyright infringement under 17 U.S.C. § 504 and civil conspiracy.
- Plaintiff alleges the video was reproduced and distributed via BitTorrent by the Doe defendants, identified only by IP addresses.
- Plaintiff sought expedited discovery to subpoena ISPs for identifying information of the Doe defendants.
- Doe defendants moved to quash subpoenas or dismiss; several argued First Amendment anonymity and other objections.
- Court denies the motions to quash and to sever; discusses joinder under Rule 20 and personal jurisdiction issues.
- Court notes some DoEs have settled; issue of discovery and jurisdiction reserved for later stages if necessary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether subpoenas to ISPs should be quashed under Rule 45 | First Time argues subpoenas are proper to identify infringers. | DoEs argue subpoena burdensome and improperly invoked First Amendment anonymity. | Denied; subpoenas upheld for discovery. |
| Whether joinder of Doe defendants is proper under Rule 20 | Joinder is appropriate due to common scheme and common questions of law. | Joinder may be improper due to lack of common fact. | Joinder denied to be severed? No, joinder maintained at this stage. |
| Whether personal jurisdiction over Does is present | Plaintiff geolocates IPs to Illinois, supporting jurisdiction. | Premature without discovery; defenses unclear. | Denial of dismissal for lack of personal jurisdiction at this stage. |
| Whether discovery is premature or misused to seek large-scale disclosure | Expedited discovery necessary to identify infringers. | Discovery should be limited and rights protected. | Motions denied; discovery remains permissible. |
| Whether any severance or misjoinder should occur given potential factual differences | Differences do not defeat common questions of law; severance not warranted now. | Certain Defendants may differ in facts. | Motions for severance denied; joinder retained. |
Key Cases Cited
- Call of the Wild Movie, LLC v. Does 1-1,062, 770 F. Supp. 2d 332 (D.D.C. 2011) (BitTorrent uses swarm, minimal First Amendment protection for file-sharing)
- Sony Music Entertainment Inc. v. Does 1-W, 326 F. Supp. 2d 556 (S.D.N.Y. 2004) (Even when protected, infringement can override anonymity in subpoenas)
- Donkeyball Movie, LLC v. Does, 810 F. Supp. 2d 20 (D.D.C. 2011) (Joinder and breadth of subpoenas in BitTorrent cases favored)