Strike 3 Holdings, LLC v. Doe
6:25-cv-06132
W.D.N.Y.Apr 14, 2025Background
- Strike 3 Holdings, LLC filed a copyright infringement suit on March 7, 2025, alleging unauthorized downloading and distribution of its motion pictures via BitTorrent by a defendant identified only by an IP address.
- Plaintiff sought a court order to allow it to subpoena Spectrum (Defendant's ISP) before the formal discovery conference, aiming to obtain the defendant’s name and address for service of process.
- Plaintiff claims to own valid, registered copyrights in the motion pictures at issue, and uses proprietary software (VXN Scan and Cross Reference Tool) to detect infringement.
- Allegations specify that Plaintiff’s works were identified being shared via BitTorrent from Defendant’s IP, with infringement ongoing and without Plaintiff’s authorization.
- Plaintiff requested expedited discovery, citing inability to identify Defendant through alternative means and necessity to preserve evidence held by the ISP.
- The Court also considered protecting the defendant’s privacy interests by temporarily ordering confidentiality regarding Defendant's identity until further notice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Early discovery before Rule 26(f) conference | Good cause exists for expedited discovery to identify the infringer. | Not stated (ex parte motion) | Good cause met; early subpoena to ISP granted. |
| Prima facie claim of copyright infringement | Sufficient facts alleged: ownership, registration, copying, distribution by Defendant. | Not stated (ex parte motion) | Prima facie claim established at this stage. |
| Specificity and necessity of subpoena | Request is narrowly tailored to obtain only name and address for service; crucial to proceed. | Not stated (ex parte motion) | Request sufficiently specific and necessary; allowed. |
| Expectation of privacy of ISP subscribers | Plaintiff’s interest outweighs limited privacy of someone using BitTorrent for infringement. | Not stated (ex parte motion) | Plaintiff’s interests outweigh modest privacy expectations. |
Key Cases Cited
- Sony Music Entm’t Inc. v. Does 1-40, 326 F. Supp. 2d 556 (S.D.N.Y. 2004) (sets forth prima facie elements of copyright infringement)
- Arista Records LLC v. Doe, 604 F.3d 110 (2d Cir. 2010) (limited privacy expectation for file-sharing copyright infringers)