Strike 3 Holdings, LLC v. Doe
1:25-cv-00139
W.D.N.Y.Apr 14, 2025Background
- Strike 3 Holdings, LLC sued an unnamed defendant for allegedly downloading and distributing its copyrighted motion pictures using BitTorrent, in violation of the Copyright Act.
- The defendant's identity was only known by the IP address assigned by Verizon Fios, the internet service provider (ISP).
- Plaintiff moved ex parte for leave to serve a third-party subpoena on Verizon before the parties' mandatory Rule 26(f) discovery conference, seeking the defendant's name and address.
- Plaintiff argued there was no alternative way to identify the defendant given the anonymity provided by BitTorrent.
- The court considered whether Plaintiff had shown good cause for early discovery under Federal Rule of Civil Procedure 26(d)(1).
- The court also considered issuing a protective order to safeguard the Defendant's confidentiality given the risk of false positives and embarrassment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Good cause for early subpoena on ISP | Necessary to identify Defendant, cannot proceed otherwise | Not stated (ex parte) | Good cause exists; motion granted |
| Prima facie case of copyright infringement | Owns valid copyrights; detected infringement at IP address | Not stated (ex parte) | Prima facie case established |
| Specificity of discovery request | Request limited to name and address for service | Not stated (ex parte) | Request meets specificity requirement |
| Privacy concerns/protective order | Willing to permit confidentiality protections | Not stated (ex parte) | Protective order granted to protect Defendant's info |
Key Cases Cited
- Arista Records LLC v. Doe, 604 F.3d 110 (2d Cir. 2010) (discusses insufficient privacy interest of internet file-sharers in copyright infringement context)
- Sony Music Entm't Inc. v. Does 1-40, 326 F. Supp. 2d 556 (S.D.N.Y. 2004) (elements for prima facie copyright infringement claim)