Strike 3 Holdings, LLC v. Doe
3:25-cv-00190
D. Conn.Apr 14, 2025Background
- Strike 3 Holdings, LLC is an adult film company that enforces copyright rights through mass litigation against anonymous internet users ("John Does") identified via their IP addresses.
- In this case, Strike 3 alleged that a defendant using IP address 76.24.249.218 illegally downloaded and distributed its copyrighted works via BitTorrent.
- After filing suit, Strike 3 sought leave from the court to serve a third-party subpoena on the Internet Service Provider (ISP), Comcast Cable, to discover the identity of the subscriber assigned the IP address.
- Federal procedural rules and privacy laws generally prohibit pre-discovery identification of anonymous defendants absent a court order showing good cause.
- The court applied the Second Circuit's five-factor test for authorizing early discovery to weigh Strike 3's interests against the John Doe defendant's privacy rights.
- The court granted Strike 3's motion, allowing limited discovery subject to notice and opportunity for the John Doe to quash the subpoena or seek to proceed anonymously.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Early discovery from ISP pre-Rule 26(f) | Good cause exists; necessary to identify defendant for service | High risk of misidentification, privacy risks | Early discovery granted with protective steps |
| Prima facie copyright infringement case | Defendant used BitTorrent to copy/distribute Strike 3’s works | Not identified at this stage | Prima facie case established for early discovery |
| Narrow tailoring of subpoena request | Only seeks name and address; necessary and specific | Request found narrowly tailored | |
| Defendant's privacy expectations | ISP subscriber info not protected; infringement outweighs privacy | Disclosure carries risk, especially for sensitive content | Limited privacy, but court imposes extra protection |
Key Cases Cited
- Arista Recs., LLC v. Doe 3, 604 F.3d 110 (2d Cir. 2010) (establishes five-factor test for unmasking anonymous defendants in copyright cases)
- Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (1991) (articulates elements of copyright infringement: ownership and copying of original elements)
- Smith v. Maryland, 442 U.S. 735 (1979) (addresses lack of legitimate privacy expectation in information voluntarily given to a third party)