Strike 3 Holdings, LLC v. Doe
1:25-cv-00143
W.D.N.Y.Apr 14, 2025Background
- Strike 3 Holdings, LLC filed a copyright infringement lawsuit against an unnamed defendant identified only by IP address 67.246.174.209, alleging unauthorized downloading and distribution of motion pictures via BitTorrent.
- Strike 3 sought the court’s permission to serve a subpoena on the defendant’s internet service provider (ISP), Spectrum, to obtain the defendant's name and address before the parties formally conferred under Rule 26(f).
- The plaintiff alleged substantial evidence of infringement, including the use of proprietary digital detection tools, and asserted that the defendant's actions were ongoing.
- The court considered whether expedited, pre-conference discovery was warranted, focusing on whether the plaintiff had shown good cause under relevant standards.
- The court also addressed whether a protective order was necessary to mitigate risk of misidentification and potential embarrassment, given privacy concerns with associating a public name to allegations before formal identification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to early subpoena under Rule 26 | Needs ISP info to identify defendant and serve process | (No argument, motion ex parte) | Good cause exists; early third-party subpoena granted |
| Prima facie showing of copyright infringement | Owns valid copyrights, defendant copied/distributed works | (No argument, motion ex parte) | Prima facie case adequately pled for discovery |
| Specificity of discovery request | Only seeks name/address for limited service purpose | (No argument, motion ex parte) | Request is appropriately limited and specific |
| Protection of defendant’s privacy | Supports limited, confidential disclosure | (No argument, motion ex parte) | Protective/confidentiality order entered for defendant info |
Key Cases Cited
- Sony Music Entm’t Inc. v. Does 1-40, 326 F. Supp. 2d 556 (S.D.N.Y. 2004) (outlines elements of a prima facie copyright infringement claim and standard for early discovery)
- Arista Records LLC v. Doe, 604 F.3d 110 (2d Cir. 2010) (holds privacy interests in file-sharing context are outweighed by copyright enforcement interests)