Strike 3 Holdings, LLC v. Doe
1:25-cv-00215
W.D.N.Y.Apr 14, 2025Background
- Strike 3 Holdings, LLC filed a copyright infringement suit against "John Doe," identified only by an IP address, alleging unauthorized downloading and distribution of its motion pictures via BitTorrent.
- Plaintiff cannot identify the actual defendant without information from the defendant’s ISP (Spectrum), which is protected by privacy laws.
- Plaintiff moved, ex parte, for leave to serve a third-party subpoena on Spectrum prior to the Rule 26(f) conference, seeking only the name and address of the subscriber assigned to the relevant IP address.
- The request is made under Fed. R. Civ. P. 45, permitted by court order upon a showing of good cause for pre-conference discovery.
- Plaintiff has offered to accept a protective order limiting public disclosure of the defendant’s name until further order of the court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff has shown a prima facie claim | Strike 3 alleges copyright ownership and infringement via BitTorrent downloads/distribution | Not presented (ex parte motion) | Sufficient showing for this discovery stage |
| Specificity of discovery request | Requests only the subscriber's name and address from Spectrum to serve complaint | Not presented | Request is sufficiently specific |
| Availability of information by alternative means | No way to identify defendant except through ISP subpoena | Not presented | No alternative means; subpoena necessary |
| Weighing privacy interests of defendant | Minimal privacy expectation when infringement alleged; offers protective order | Not presented | Plaintiff’s need outweighs privacy interest; protective order issued |
Key Cases Cited
- Sony Music Entm’t Inc. v. Does 1-40, 326 F. Supp. 2d 556 (S.D.N.Y. 2004) (establishes elements for prima facie copyright infringement)
- Arista Records LLC v. Doe, 604 F.3d 110 (2d Cir. 2010) (limited privacy expectations for ISP users in infringement cases)
- Rotten Records, Inc. v. Doe, 107 F. Supp. 3d 257 (W.D.N.Y. 2015) (sets out multi-factor test for good cause to allow early ISP subpoena discovery)