West Coast Productions, Inc. v. John Does 1-5829
2011 U.S. Dist. LEXIS 62366
| D.D.C. | 2011Background
- Plaintiff West Coast Productions alleged 5829 John Doe Defendants unlawfully shared its copyrighted film via BitTorrent.
- Plaintiff obtained pre-Rule 26 discovery subpoenas to ISPs to identify subscribers behind IP addresses.
- Movants sought to quash subpoenas and pursue anonymity, claiming privacy and lack of connection to DC and jurisdiction.
- Court indicated subpoenas are proper to obtain identifying information for copyright claims and privacy interests are outweighed.
- Plaintiff has not yet named or served any John Doe defendants; joinder and jurisdiction issues would be revisited after service.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Anonymous filing allowed for John Doe motions? | anonymous filing not required; privacy interest minimal | anonymity needed to protect from harassment | Anonymous filing denied; proceed under name |
| Quashing subpoenas for identity of John Doe Defendants? | need for discovery to pursue claims outweighs privacy | privacy and lack of jurisdiction defenses | Subpoenas not quashed; privacy rights not enough to halt disclosure |
| Lack of personal jurisdiction over unnamed Does? | discovery authorized for jurisdictional facts | no contacts established | Premature to dismiss for lack of jurisdiction; jurisdictional defenses evaluated after service |
| Misjoinder of 5829 John Does in one action? | common questions and same transaction; efficient joinder | claims may be separate; improper joinder | Permissive joinder appropriate; no severance at this stage |
Key Cases Cited
- United States v. Microsoft Corp., 56 F.3d 1448 (D.C. Cir. 1995) (privacy interests limited in copyright disputes; openness important)
- Arista Records LLC v. Does 1-19, 551 F. Supp. 2d 1 (D.D.C. 2008) (First Amendment privacy interests are minimal in copyright cases)
- Call of the Wild Movie, LLC v. Does 1-1,062, 2011 WL 996786 (D.D.C. 2011) (cited for joinder rationale (WL not official reporter; omitted if required))
- Sony Music Entm’t, Inc. v. Does 1-40, 326 F. Supp. 2d 556 (S.D.N.Y. 2004) (First Amendment right to anonymity yields to plaintiffs’ copyright claims)
- London-Sire Records, Inc. v. Doe 1, 542 F. Supp. 2d 153 (D. Mass. 2008) (jurisdiction and discovery issues in Doe cases)
- First Chicago Int’l v. United Exch. Co., 836 F.2d 1375 (D.C. Cir. 1988) (premature jurisdictional defenses; discovery rights)
- GTE New Media Servs., Inc. v. BellSouth Corp., 199 F.3d 1343 (D.C. Cir. 2000) (jurisdictional discovery justified when supplemented by facts)
- Windsor v. Martindale, 175 F.R.D. 665 (D. Colo. 1997) (standing to quash subpoenas by third parties)