Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 71.190.61.121
1:25-cv-01948
E.D.N.YApr 14, 2025Background
- Strike 3 Holdings, LLC filed a copyright infringement action against an unidentified Doe defendant, associated only by an IP address, for alleged unauthorized online distribution of copyrighted materials.
- Plaintiff requested expedited discovery to serve a third-party subpoena on the defendant's ISP, Verizon, to learn the subscriber's identity.
- The defendant has not been identified and is currently referred to as "John Doe."
- Plaintiff sought discovery before the Rule 26(f) conference, requiring the court's permission.
- The court recognizes the risk that the ISP subscriber may not be the actual infringer.
- Special protective measures were considered necessary to prevent potential abuse and protect the potentially innocent subscriber’s reputation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Expedited discovery for ISP subscriber's identity | Needs discovery to identify who to serve and pursue its lawsuit | Subscriber may not be the infringer; risk of wrongly identifying an innocent person | Granted with protective measures; limits on info and process required |
| Scope of information that may be subpoenaed | Seeks name and address to pursue the claim | Disclosure should be limited to protect privacy and prevent abuse | Only name and address allowed; no phone or email addresses |
| Subscriber notice and opportunity to object | Wants efficient discovery | Subscriber entitled to notice and opportunity to challenge subpoena | Subscriber gets notice and 60 days to contest |
| Plaintiff's use of resulting information | Use information for this lawsuit | Potential for misuse if unrestricted | May use info solely for purposes of this case |
Key Cases Cited
- Sony Music Ent. Inc. v. Does 1-40, 326 F. Supp. 2d 556 (S.D.N.Y. 2004) (expedited discovery may be allowed to identify unknown defendants in copyright cases)
- In re BitTorrent Adult Film Copyright Infringement Cases, 296 F.R.D. 80 (E.D.N.Y. 2012) (special care required to avoid misidentification and abusive practices in BitTorrent copyright litigation)
- Patrick Collins, Inc. v. Doe 1, 288 F.R.D. 233 (E.D.N.Y. 2012) (potential for misidentifying ISP subscribers as infringers in digital copyright cases)