Malibu Media, LLC v. John Does 1-16
902 F. Supp. 2d 690
E.D. Pa.2012Background
- Malibu Media, Inc. sues multiple John Does alleged to have pirated movies via BitTorrent.
- Plaintiff seeks identifying information from ISPs under Rule 45 to locate real defendants.
- Each case has 14–22 John Does identified only by IP address in Exhibit A; Plaintiff served subpoenas on ISPs.
- Court previously granted motions in substance with conditions, allowing subpoenas but protecting subscriber rights with notices.
- Five motions from John Does challenge subpoenas, seeking quash, severance, or protective orders; hearing held September 18, 2012.
- Court plans a Bellwether trial against five moving John Does and stays others pending further orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to quash the subpoenas for ISP data | Malibu supports discovery to identify defendants | John Does claim undue burden and anonymity | Quash not granted; discovery allowed with anonymity protection |
| Whether joinder of multiple John Does is proper | Joinder efficient and permissible under Rule 20 | Joinder risks prejudice and non-common issues | Joinder denied without prejudice; stay issued for other Does; severance deferred |
| Whether to issue a protective order to preserve anonymity | Protect anonymity until trial | Public disclosure risks embarrassment and privacy concerns | Protective order granted; defendants referred to by John Doe numbers in filings |
| Whether to proceed with a Bellwether trial against five moving Does | Bellwether can test claims and inform broader resolution | Litigation burden and potential coercive settlements | Bellwether trial authorized; other defendants stayed pending outcomes |
| Whether to stay proceedings for non-moving Does pending Bellwether | Stay may hinder overall progress | Stays reduce burden while Bellwether proceeds | Stays ordered for non-moving Does pending further order of the Court |
Key Cases Cited
- Arista Records, LLC v. Doe 3, 604 F.3d 110 (2d Cir.2010) (balancing privacy interests in subpoena for anonymous defendants)
- Sony Music Entertainment, Inc. v. Does 1-40, 326 F.Supp.2d 556 (S.D.N.Y.2004) (purpose and scope of subpoenas in copyright cases)
- Mitchell Bros. Film Grp. v. Cinema Adult Theater, 604 F.2d 852 (5th Cir.1979) (copyright protection for pornography)
- Jartech, Inc. v. Clancy, 666 F.2d 403 (9th Cir.1982) (availability of subpoena power and privacy considerations)
- Flava Works, Inc. v. Gunter, 689 F.3d 754 (7th Cir.2012) (pornography material and copyright considerations)