Strike 3 Holdings, LLC v. Doe
1:25-cv-00146
W.D.N.Y.Apr 14, 2025Background
- Strike 3 Holdings, LLC sued a John Doe defendant, alleging that Doe used BitTorrent to download and distribute copyrighted motion pictures.
- Plaintiff owns valid copyrights for the works and claims these works were registered with the U.S. Copyright Office.
- Plaintiff filed an ex parte motion to subpoena the defendant’s ISP (Spectrum) to learn Doe’s identity before the Rule 26(f) conference.
- Discovery before a Rule 26(f) conference requires a court order upon a showing of good cause.
- Plaintiff further requested that any information disclosed remain confidential to protect against undue embarrassment or false attribution to innocent parties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Plaintiff can subpoena Spectrum for Doe's identity prior to the Rule 26(f) conference | Good cause exists: Prima facie copyright claim, specific request, no alternative means to identify defendant | No formal opposition at this stage (Doe is not yet identified) | Granted—Plaintiff may subpoena Spectrum per Rule 45 |
| Sufficiency of Plaintiff's prima facie copyright claim | Allegations establish ownership and unauthorized copying/distribution of copyrighted works | N/A (No defense yet raised) | Sufficient for early discovery under circuit precedent |
| Need for protective order to keep Doe's identity confidential | Confidentiality is reasonable to protect against embarrassment and improper settlements | N/A | Granted—Defendant’s information to be kept confidential until further order |
| Scope of discovery allowed | Limit to name and address; no emails or phone numbers, only for service of process | N/A | Subpoena limited accordingly; use of initials in public filings allowed |
Key Cases Cited
- Sony Music Entm’t Inc. v. Does 1-40, 326 F. Supp. 2d 556 (S.D.N.Y. 2004) (sets elements for copyright infringement claim and discusses early discovery for identification of anonymous defendants)
- Arista Records LLC v. Doe, 604 F.3d 110 (2d Cir. 2010) (addresses the limited privacy expectation of BitTorrent users in context of copyright claims)
- Rotten Records, Inc. v. Doe, 107 F. Supp. 3d 257 (W.D.N.Y. 2015) (distills factors courts use to determine good cause for early discovery in copyright infringement suits)