Strike 3 Holdings, LLC v. John Doe, subscriber assigned IP address 73.87.191.96

Summary

The United States District Court for the District of Maryland grants Strike 3 Holdings, LLC permission to conduct expedited discovery to identify the subscriber associated with an IP address allegedly used to infringe Strike 3's copyrights. The order permits service of a subpoena on the internet service provider, subject to notice, an opportunity to move to quash, confidentiality restrictions, limits on further discovery, and court-supervised settlement communications. The action concerns alleged BitTorrent downloading of copyrighted adult films.

Holdings

1. The court granted Strike 3 leave to obtain and serve a Rule 45 subpoena on the Internet service provider before the Rule 26(f) conference to identify the Doe subscriber associated with the IP address.
2. The subpoena could issue only subject to specified safeguards, including ISP notice, a 30-day opportunity for the subscriber to move to quash, anonymous motion practice with identifying information provided confidentially to the clerk, highly confidential treatment of produced information, restricted use and disclosure, limited deposition discovery, court supervision of settlement communications, and certifications by Strike 3 and its counsel.

Questions Presented

1. Whether Strike 3 should be permitted to conduct expedited third-party discovery before the Rule 26(f) conference to identify the anonymous defendant associated with the allegedly infringing IP address.
2. What conditions should govern the subpoena, disclosure, use of subscriber information, any deposition, and settlement communications.

Disposition

other