Strike 3 Holdings, LLC v. Doe
1:25-cv-00212
W.D.N.Y.Apr 14, 2025Background
- Strike 3 Holdings, LLC filed a lawsuit alleging copyright infringement of motion pictures via BitTorrent, naming an anonymous defendant identified only by IP address.
- Plaintiff sought the court's permission to serve a pre-Rule 26(f) subpoena on the defendant’s ISP, Verizon Fios, to learn the defendant's name and address.
- Under Rule 26(d)(1), discovery is generally not allowed before a Rule 26(f) conference unless the court orders it for good cause.
- Plaintiff asserted there is no other practical way to identify the defendant and needed the information to proceed with service of process.
- The plaintiff acknowledged the risk to wrongful disclosure or identification and did not oppose safeguards including defendant anonymity.
- The court considered privacy concerns and the risk of false positives, issuing a temporary protective order to keep the defendant's identity confidential.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether good cause exists for early discovery to subpoena ISP | Necessary to identify the anonymous defendant and serve process | N/A (Defendant not yet identified/responded) | Good cause shown; subpoena allowed |
| Whether a prima facie case of copyright infringement was pleaded | Alleged copyright ownership & unauthorized copying/distribution | N/A (Defendant not yet identified/responded) | Prima facie claim found |
| Whether adequate safeguards against privacy violations should be imposed | Agreed to procedural safeguards, including anonymity | N/A | Protective order issued |
| Whether information obtained can be publicly disclosed | Should be restricted to protect against embarrassment/coercion | N/A | Must remain confidential |
Key Cases Cited
- Sony Music Entm’t Inc. v. Does 1-40, 326 F. Supp. 2d 556 (S.D.N.Y. 2004) (establishes prima facie elements for copyright infringement)
- Arista Records LLC v. Doe, 604 F.3d 110 (2d Cir. 2010) (limited expectation of privacy for subscribers identified via IP address in copyright suits)
- Rotten Records, Inc. v. Doe, 107 F. Supp. 3d 257 (W.D.N.Y. 2015) (sets out factors to determine good cause for early discovery in copyright cases)