Rotten Records, Inc. v. Doe
91 Fed. R. Serv. 3d 1920
W.D.N.Y.2015Background
- Plaintiff Rotten Records, Inc. sues Defendant for copyright infringement of the album Acid Bath — When The Kite String Pops.
- Plaintiff seeks ex parte leave to serve a Rule 45 subpoena on Time Warner Cable to identify the Defendant before a Rule 26(f) conference.
- Plaintiff aims to learn the name and address associated with IP 69.207.50.123 to effect service.
- Rightscorp investigated suspected infringement and concluded the IP address transferred a copy of the Plaintiff’s work via BitTorrent.
- Plaintiff alleges multiple infringing transactions from the IP address and that the shared file is identical to the copyrighted work.
- Court grants the motion, finding good cause to permit expedited discovery and identification of the Defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether good cause exists for a pre-26(f) subpoena | Plaintiff shows prima facie claim and need to identify Defendant | Privacy and lack of necessity argue against disclosure | Yes; good cause exists for expedited discovery |
| Whether Plaintiff has made a prima facie copyright infringement claim | Ownership of the copyright and copying of original elements shown | Challenge to ownership or copying not addressed in detail | Plaintiff established a prima facie claim |
| Whether the specific discovery request is sufficiently tailored | Request targets the identity of the user behind IP 69.207.50.123 | Requests may invade broader privacy; need narrower scope | Request deemed sufficiently specific |
Key Cases Cited
- Sony Music Entm’t Inc. v. Does 1-40, 326 F.Supp.2d 556 (S.D.N.Y. 2004) (two-element prima facie copyright infringement standard)
- Arista Records LLC v. Doe, 604 F.3d 110 (2d Cir. 2010) (privacy interests weighed against unauthorized disclosure in copyright cases)