Strike 3 Holdings, LLC v. Doe
6:25-cv-06100
W.D.N.Y.Apr 14, 2025Background
- Strike 3 Holdings, LLC filed a copyright infringement action alleging that an individual (John Doe) downloaded and distributed their copyrighted motion pictures via BitTorrent without authorization.
- Strike 3 could only identify the defendant by an IP address and sought discovery to learn the defendant’s name and address.
- Strike 3 filed an ex parte motion for leave to serve a third-party subpoena on Spectrum (defendant’s ISP) before the parties held a Rule 26(f) conference.
- The court considered whether to grant early discovery, including a balancing of privacy concerns and the risk of unjust settlements.
- Plaintiff stated it does not oppose issuance of a protective order to preserve the anonymity and confidentiality of the defendant's identity pending further order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Allow third-party subpoena pre-Rule 26f | Necessary to identify Doe for service and prosecution of claims | Not present (Doe has not yet appeared) | Court finds good cause for expedited discovery |
| Prima facie infringement | Alleged valid copyright and unauthorized copying/distribution via BitTorrent | Not present | Sufficient showing for prima facie claim |
| Specificity and necessity of information | Only name and address sought, no alternative means to proceed | Not present | Request is specific and necessary |
| Privacy and protective order | Does not oppose strong confidentiality protections | Not present | Temporary protective order entered |
Key Cases Cited
- Sony Music Entm’t Inc. v. Does 1-40, 326 F. Supp. 2d 556 (S.D.N.Y. 2004) (prima facie elements of copyright infringement)
- Arista Records LLC v. Doe, 604 F.3d 110 (2d Cir. 2010) (privacy interests insufficient to avoid copyright claims)
- Rotten Records, Inc. v. Doe, 107 F. Supp. 3d 257 (W.D.N.Y. 2015) (good cause factors for early discovery)