Strike 3 Holdings, LLC v. Doe
6:25-cv-06131
W.D.N.Y.Apr 14, 2025Background
- Strike 3 Holdings, LLC alleged that an unknown defendant infringed its copyrights by downloading and distributing its motion pictures using BitTorrent.
- Plaintiff filed suit and requested an ex parte order to subpoena the defendant’s internet service provider (ISP), Spectrum, to uncover the defendant’s identity.
- At this early stage, the traditional discovery conference under Rule 26(f) had not yet occurred, which normally restricts discovery.
- Plaintiff contended that without an expedited subpoena, it would be unable to identify or serve the defendant and proceed with the litigation.
- Plaintiff agreed to procedural safeguards to protect possibly innocent individuals from public disclosure or embarrassment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Early ISP subpoena | Needed to serve process and pursue copyright claim | Not presented (ex parte motion) | Good cause exists for early subpoena |
| Prima facie infringement | Ownership and unauthorized BitTorrent distribution alleged | Not presented | Prima facie case sufficiently stated |
| Privacy vs. disclosure | Plaintiff’s need outweighs subscriber's expectation of privacy | Not presented | Disclosure allowed; protective order issued |
| Protective order necessity | Supports procedural safeguards to avoid undue embarrassment | Not presented | Order granted; disclosure kept confidential |
Key Cases Cited
- Arista Records LLC v. Doe, 604 F.3d 110 (2d Cir. 2010) (minimal privacy expectation for ISP subscribers in context of online copyright infringement)
- Sony Music Entm’t Inc. v. Does 1-40, 326 F. Supp. 2d 556 (S.D.N.Y. 2004) (prima facie standard for copyright infringement in online distribution cases)
- Rotten Records, Inc. v. Doe, 107 F. Supp. 3d 257 (W.D.N.Y. 2015) (criteria for early ISP subpoenas in copyright cases)