Strike 3 Holdings, LLC v. Doe
6:25-cv-06096
W.D.N.Y.Apr 14, 2025Background
- Strike 3 Holdings, LLC filed a lawsuit alleging copyright infringement against an unnamed defendant, identified only by IP address 50.108.164.56, claiming illegal downloading and distribution of its copyrighted motion pictures via BitTorrent.
- Plaintiff moved ex parte for leave to serve a third-party subpoena on the defendant's ISP, Frontier Communications, before the Rule 26(f) conference, to obtain the defendant’s name and address for service of process.
- Plaintiff claims its proprietary detection systems identified ongoing infringement linked to the defendant's IP address.
- Plaintiff argues there are no alternative means to ascertain the defendant’s identity, and expedited discovery is necessary before ISPs delete relevant data.
- The plaintiff does not oppose imposition of privacy-based protective orders to minimize potential embarrassment or unjust settlements from mistaken identification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Early third-party discovery prior to Rule 26(f) | Strike 3 asserts good cause for early subpoena is met under established test | No appearance or argument considered | Good cause exists; early discovery granted |
| Prima facie claim of copyright infringement | Strike 3 alleges ownership and unauthorized copying/distribution | Not addressed (no defendant response) | Sufficient to establish prima facie claim |
| Lack of alternative means to obtain identification | Only ISP can connect IP to real-world identity; alternatives unavailable | Not addressed | Court agrees; necessity established |
| Defendant’s expectation of privacy in ISP records | Privacy interest minimal for infringing conduct | Not addressed | Plaintiff’s need outweighs minimal expectation |
Key Cases Cited
- Arista Records LLC v. Doe, 604 F.3d 110 (2d Cir. 2010) (minimal privacy expectation when using file-sharing network for infringing activity)
- Sony Music Entm’t Inc. v. Does 1-40, 326 F. Supp. 2d 556 (S.D.N.Y. 2004) (elements for prima facie copyright infringement)
- Rotten Records, Inc. v. Doe, 107 F. Supp. 3d 257 (W.D.N.Y. 2015) (criteria for granting early discovery for subscriber identification)