Strike 3 Holdings, LLC v. Doe
1:25-cv-00141
W.D.N.Y.Apr 14, 2025Background
- Strike 3 Holdings, LLC sued a John Doe defendant for allegedly downloading and distributing its copyrighted motion pictures using the BitTorrent protocol.
- Plaintiff initiated the case in the Western District of New York and moved ex parte for leave to serve a third-party subpoena on the ISP (Spectrum) before the parties' Rule 26(f) conference.
- The intent of the subpoena is to obtain the defendant's name and address associated with a specific IP address, so that plaintiff can serve process.
- Plaintiff asserts that no alternative means exist for identifying the defendant, as ISPs are generally prohibited from disclosing subscriber information without a court order.
- The court considered whether to allow early discovery and whether to issue a protective order regarding the disclosure and confidentiality of the defendant’s identity.
- Plaintiff did not oppose procedural safeguards to protect the defendant’s anonymity pending further court orders.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Good cause for third-party subpoena before Rule 26(f) conference | Necessary to identify the defendant; all factors for "good cause" met | Not present (ex parte motion, but privacy interests discussed by court) | Court found good cause for early discovery |
| Prima facie case for copyright infringement | Plaintiff owns valid copyrights; alleged defendant downloaded/distributed without permission | Not present (no brief yet from defendant) | Court held plaintiff made prima facie showing |
| Specificity of discovery request | Only seeks subscriber’s name and address for service | — | Court found request sufficiently specific |
| Need for a protective order to maintain confidentiality | Agrees to safeguards to prevent undue embarrassment and false positives | Privacy interest in non-disclosure | Ordered information to be kept confidential, at least temporarily |
Key Cases Cited
- Arista Records LLC v. Doe, 604 F.3d 110 (2d Cir. 2010) (Discusses the limited privacy expectation for individuals sharing copyrighted files online and supports disclosure to copyright holders)
- Sony Music Entm’t Inc. v. Does 1-40, 326 F. Supp. 2d 556 (S.D.N.Y. 2004) (Lays out the elements for a prima facie copyright infringement claim)
- Rotten Records, Inc. v. Doe, 107 F. Supp. 3d 257 (W.D.N.Y. 2015) (Enumerates the "good cause" factors for permitting pre-conference third-party discovery in copyright cases)