Pacific Century International, Ltd. v. John Does 1-37
282 F.R.D. 189
N.D. Ill.2012Background
- Six consolidated cases involve pornographic copyrights where John Doe defendants allegedly downloaded and distributed videos via BitTorrent.
- Plaintiffs sought early discovery by subpoena to two ISPs, Comcast and Suddenlink, to identify users by IP address.
- Non-party IP addresses were targeted in five cases; one case (Case 12 C 1057) sought the identity of a single defendant’s IP address.
- BitTorrent’s peer-to-peer nature renders IP-address identities private and not directly tied to current claims of the named defendants.
- The court denied the subpoenas for non-party IP addresses as unduly burdensome and not relevant to the pending claims; it granted the subpoena for a single defendant’s IP in Case 12 C 1057 and allowed a 70-day compliance window.
- Comcast’s motion to consolidate two additional cases was denied without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether non-party IP-address subpoenas are relevant | Plaintiffs contend IPs relate to conspirators and aid pending claims. | ISPs argue production is burdensome and non-party IPs are irrelevant to current claims. | Subpoenas for non-party IPs are quashed; not reasonably calculated to resolve current claims. |
| Whether the single-party IP address subpoena in Case 12 C 1057 is proper | Identity of the party IP is discoverable and relevant to pending claims. | Joinder concerns and burden on Suddenlink unless limited to a single IP address. | Granted; subpoena for the single defendant’s IP is enforceable with notice and opportunity to object; 70-day compliance window. |
| Joinder and potential prejudice to ISPs | Every IP address could be joined later; early discovery expedites settlements. | Joinder in cases with hundreds of Does is improper and burdensome to ISPs. | Joinder concerns acknowledged; limiting to a single party IP mitigates burden. |
Key Cases Cited
- Cable/Home Commnc’n Corp. v. Network Prods., Inc., 902 F.2d 829 (11th Cir. 1990) (contributory infringement principles and discovery relevance)
- Apple Barrel Prods., Inc. v. R.D. Beard, 730 F.2d 384 (5th Cir. 1984) (registration prerequisite for copyright action)
- Chicago Bd. of Educ. v. Substance, Inc., 354 F.3d 624 (7th Cir. 2003) (application of registration and threshold for infringement actions)
- Deitchman v. E.R. Squibb & Sons, Inc., 740 F.2d 556 (7th Cir. 1984) (balancing burden and benefit in discovery context)