STRIKE 3 HOLDINGS, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 96.242.53.79
2:21-cv-15681-WJM-AME
| D.N.J. | Nov 7, 2022Background
- Strike 3 Holdings, owner of registered adult-film copyrights, sued a John Doe tied to IP address 96.242.53.79 for allegedly using BitTorrent to download and distribute 27 of its films.
- Strike 3 used its VXN Scan system and .torrent/info-hash comparison to identify the defendant's alleged sharing of files matching its works.
- Strike 3 served a subpoena on the ISP, obtained the subscriber identity, amended the complaint to name the defendant, and effectuated service in January 2022.
- The defendant did not answer; the Clerk entered default in April 2022 and Strike 3 moved for default judgment in May 2022 seeking a permanent injunction, deletion of files, statutory damages, and costs.
- The Court found jurisdiction, adequate service, and that Strike 3 stated a legitimate copyright-infringement claim.
- The Court granted default judgment: awarded a permanent injunction, statutory damages of $20,250 ($750 per infringement), costs of $507, and ordered the defendant’s identity unsealed for enforcement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether default judgment is proper | Strike 3: service/jurisdiction are proper; complaint states cause of action; defendant defaulted. | No response from defendant. | Granted: service, jurisdiction, and sufficiency satisfied; default judgment appropriate under Chamberlain factors. |
| Whether a permanent injunction is warranted | Strike 3: ongoing BitTorrent use causes irreparable harm; money alone is inadequate; injunction and deletion allowed under Copyright Act. | No response. | Granted: court found irreparable harm credible in default context, balance of hardships and public interest favor injunction. |
| Proper measure of damages (statutory) | Strike 3: seek minimum statutory damages $750 per work (27 works = $20,250). | No response. | Granted: court awarded $20,250 (minimum statutory damages). |
| Recovery of costs and unsealing identity | Strike 3: requests $507 in filing/service costs and unsealing to enforce judgment. | No response asserting anonymity interest. | Granted: $507 costs awarded; court ordered pseudonym removed and previously sealed documents unsealed (defendant offered no reasonable fear of severe harm). |
Key Cases Cited
- Hritz v. Woma Corp., 732 F.2d 1178 (3d Cir. 1984) (district courts should prefer merits dispositions when practicable).
- Anchorage Assocs. v. V.I. Bd. of Tax Review, 922 F.2d 168 (3d Cir. 1990) (default-judgment procedural standards and service/personal-jurisdiction principles).
- Polidoro v. Saluti, [citation="675 F. App'x 189"] (3d Cir. 2017) (accept well-pleaded allegations in default but plaintiff must prove entitlement to damages).
- Comdyne I, Inc. v. Corbin, 908 F.2d 1142 (3d Cir. 1990) (on default, allegations as to damages are not taken as true).
- Chamberlain v. Giampapa, 210 F.3d 154 (3d Cir. 2000) (factors for granting default judgment).
- Feist Publ'ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (U.S. 1991) (elements required to show copyright infringement).
- eBay Inc. v. MercExchange, LLC, 547 U.S. 388 (U.S. 2006) (four-factor equitable test for permanent injunctions).
- Doe v. Megless, 654 F.3d 404 (3d Cir. 2011) (standard for proceeding anonymously: fear of severe, reasonable harm).
- In re Avandia Mktg., Sales Pracs. & Prods. Liab. Litig., 924 F.3d 662 (3d Cir. 2019) (compelling countervailing interests required to keep records sealed).
- United States v. $55,518.05 in U.S. Currency, 728 F.2d 192 (3d Cir. 1984) (definition of a meritorious defense for default-judgment analysis).
- TDBankN.A. v. Hill, 928 F.3d 259 (3d Cir. 2019) (clarifying irreparable-harm analysis post-eBay).
