Strike 3 Holdings v. John Doe: New York Judge Denies Request for Subpoenas
This is a blog dedicated to updates on copyright infringement cases. We’ve represented nearly 300 Strike 3 Holdings clients across the US since 2017, and are America’s most experienced BT copyright defense firm; we can represent you in your case. For more information about handling your subpoena visit our main website page for Strike 3 Holdings.
In a dramatic turn of events, James Orenstein, Magistrate Judge from the United States District Court of New York, denied Strike 3 Holdings’ request to serve subpoenas on the internet service providers associated with specific IP addresses they are alleging downloaded their content without the appropriate licensing.
Strike 3 Holdings does not know Doe’s identity; it only knows the IP address used for the alleged illegal download and sharing of copyrighted materials using BitTorrent (an internet-based peer-to-peer file sharing technology). Strike 3 Holdings is seeking to subpoena the internet service provider as the only source that would be able to identify the subscriber of that service.
The judge notes:
Of course, Doe- the person who engaged in the allegedly infringing conduct in each case- might or might not be the same person as the subscriber of internet service associated with the IP address Strike 3 has identified. The assumption that the two are the same is tenuous, and… has grown more so over time… It is no more likely that the subscriber to an IP address carried out… the purported illegally downloading… than to say an individual who pays the telephone bill made a specific telephone call.
…“granting leave to issue subpoenas in the cases before me will do little if anything to deter future copyright violations.”
On December 13, 2018, the judge asked Strike 3 Holdings how it uses the information they are seeking to accurately identify an individual as the alleged infringer of its copyright. They responded on December 21, 2018. The judge expressed remaining concern and asked for additional information on March 12, 2019. Strike 3 Holdings filed a further memorandum on March 19, 2019.
In a truly surprising turn of events, the judge issued an Order denying the Strike 3 Holdings motion. He goes into his reasoning for this decision, which can be read here.
This Order technically only applies to the following case numbers in the Eastern District of New York, but its reasoning could be helpful to use in persuading other judges to do the same.
18-CV-0449
18-CV-1155
18-CV-1159
18-CV-1184
18-CV-1196
18-CV-2073
Strike 3 Holdings LLC distributes adult films through the subscription-based websites Blacked, Vixen, and Tushy. If you’ve received a subpoena, Strike 3 Holdings is accusing someone at your IP address of illegally downloading their content, most likely using file-sharing software such as BitTorrent.
Antonelli Law is experienced in defending those being sued by Strike 3 Holdings LLC, and stays up to date on the latest changes in this area of law.
We can walk you through all of your options in detail and help you devise the defense strategy best for your particular case.
We represent clients nationwide. For more information, make sure to visit our Strike 3 Holdings page, or contact us:
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About Author
JAntonelli
Jeffrey Antonelli is a member of the federal trial bar of the Northern District of Illinois and is admitted to numerous federal courts around the country. He has been a civil litigator nearly 25 years in a broad range of actions representing corporations and individuals as plaintiffs and defendants in state and federal court. Jeffrey has been interviewed by the media many times, including Bloomberg BNA, NBC, The New York Times, Chicago Lawyer, Chicago Tribune, and the longstanding lawyer’s publication Chicago Daily Law Bulletin. Prior to forming Antonelli Law Ltd. in 2007 Jeffrey worked for several litigation boutiques in Chicago’s Loop as well as a full service firm. His litigation experience includes hotly contested issues in intellectual property, business, insurance, and consumer fraud. He is an adviser to the Illinois Board of Higher Education Advisory Council for Private Business and Vocational Schools (PBVS), and was a member of the Illinois State Bar Association Education Law Section Council from 2012-2013. Jeffrey is especially proud of his work representing hundreds of students defrauded by improperly accredited educational institutions, including as certified class counsel. Before attending law school, Jeffrey was interested first in business, and then in biomedical ethics. These interests led him to graduate from the nation’s largest philosophy department at Loyola University in Chicago, where some of his favorite (and most challenging) subjects were cognitive science and philosophy of science. During college he held positions at the University of Chicago’s Ben May Institute; as a medical assistant for a University of Chicago foot and ankle surgeon; and volunteered in the emergency room at the University of Chicago Hospitals. These experiences led to studying health law at the DePaul College of Law where Jeffrey earned his law degree and a certificate in health law. At that time DePaul’s Institute for Health Law was consistently ranked in the top 10 health law specialty programs nationwide. During law school Jeffrey immersed himself in studying the practical and public policy aspects of health care through internships at the American Medical Association in Chicago, and on Capitol Hill at the Governmental Relations Office of the Association of American Medical Colleges in Washington, DC. Jeffrey has concentrated in civil litigation throughout his legal career, and is a member of the federal trial bar of the Northern District of Illinois, the Central District of Illinois federal court, and all federal courts of Colorado, Wisconsin, Michigan, and Indiana. In addition, he is a member of the DuPage County Bar Association and the Illinois State Bar Association. Jeffrey prides himself on his strong personal ideals, passionate, ethical advocacy, and working hard to bring the best possible results for his clients. He also maintains a special interest in cases involving fraud. Whether due to good parenting, his family’s law enforcement employment, undergraduate studies in philosophy including ethics, or a fortuitous outcome of good breeding, one essence of Jeffrey’s character is a drive to root out the truth behind fraudulent practices.