Strike 3 Holdings, LLC v. Doe
1:25-cv-00144
W.D.N.Y.Apr 14, 2025Background
- Strike 3 Holdings, LLC filed a copyright infringement lawsuit alleging unlawful downloading and distribution of its copyrighted motion pictures via BitTorrent.
- The defendant was identified only by IP address (67.241.188.55), assigned by Spectrum (the ISP).
- Plaintiff filed an ex parte motion seeking authorization to subpoena Spectrum for the defendant's name and address before the parties’ Rule 26(f) conference.
- Plaintiff asserted it could not identify or serve the defendant without judicial intervention due to ISP confidentiality restrictions.
- The court considered whether there was good cause to permit early discovery and whether to issue protections for the defendant’s privacy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Early discovery before Rule 26(f) conference | Good cause exists; necessary to identify and serve defendant | Not directly addressed | Granted: good cause shown for Rule 45 subpoena |
| Prima facie showing of copyright infringement | Sufficient allegations: copyright ownership & unauthorized copying | Not directly addressed | Sufficient for discovery purposes |
| Particularity of the discovery request | Only requests name and address; limited purpose for service | Not directly addressed | Request is specific and narrowly tailored |
| Privacy concerns for the accused ISP subscriber | Plaintiff’s interests outweigh privacy; anonymity possible | Not directly addressed | Protective order: info confidential until further order |
Key Cases Cited
- Arista Records LLC v. Doe, 604 F.3d 110 (2d Cir. 2010) (limited expectation of privacy when sharing copyrighted material online)
- Sony Music Entm’t Inc. v. Does 1-40, 326 F. Supp. 2d 556 (S.D.N.Y. 2004) (prima facie requirements for copyright infringement)
- Rotten Records, Inc. v. Doe, 107 F. Supp. 3d 257 (W.D.N.Y. 2015) (factors to assess good cause for identifying anonymous defendants)