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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, 2022
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Background

  • 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).
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Case Details

Case Name: STRIKE 3 HOLDINGS, LLC v. JOHN DOE SUBSCRIBER ASSIGNED IP ADDRESS 96.242.53.79
Court Name: District Court, D. New Jersey
Date Published: Nov 7, 2022
Docket Number: 2:21-cv-15681-WJM-AME
Court Abbreviation: D.N.J.