Hard Drive Productions, Inc. v. DOES 1-188
809 F. Supp. 2d 1150
N.D. Cal.2011Background
- Hard Drive Productions filed a copyright suit against 188 Does based on BitTorrent sharing of Amateur Allure Erin in the N.D. Cal.
- Plaintiff sought expedited discovery to identify Does by subpoenaing ISPs for names, addresses, and MAC addresses.
- Court granted leave to take discovery prior to Rule 26(f) conference, with notices to subscribers to object or move to quash.
- Doe 24.5.180.56 moved to quash, challenging joinder, reliability of IP/MAC tracing, and copyright registration plausibility.
- Plaintiff later voluntarily dismissed Does 1-5; the action against the remaining Doe Defendant and subpoenas evolved.
- Magistrate judge explained jurisdiction under 28 U.S.C. § 636 and § 636(c) given non-service status of Does.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 20(a) joinder is proper for BitTorrent Does | Joinder is proper; Does are logically related via same File/Swarm process. | Joinder is improper; BitTorrent does not prove a single transaction or common occurrence. | Joinder is improper under Rule 20(a)(2). |
| Whether the court should sever and dismiss all but one Doe | Severance would undermine plaintiff’s ability to pursue claims efficiently; many Ds may share defenses. | Severance would prejudice defendants and complicate proceedings. | Court discretion to sever; sever all Does except one and dismiss severed claims without prejudice. |
| Whether the subpoenas may be quashed for Doe 24.5.180.56 | Quashing general injunctions would hamper discovery; Doe remains part of the case. | Subpoena should be quashed due to unreliable IP/MAC tracing and improper joinder. | Motion to Quash granted as to Doe 24.5.180.56; subpoenas for other Does were quashed as severed/withdrawn. |
Key Cases Cited
- United Mine Workers of Am. v. Gibbs, 383 U.S. 715 (U.S. Supreme Court 1966) (broad scope of action encouraged; joinder goals)
- Call of the Wild Movie, LLC v. Does 1-1062, 770 F. Supp. 2d 332 (D.D.C. 2011) (BitTorrent joinder and expedited discovery standards)
- United States v. Real Property, 135 F.3d 1312 (9th Cir. 1998) (authority on magistrate jurisdiction and non-parties)