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Strike 3 Holdings LLC v. Doe

Internet Subscriber Who Allegedly Violated Copyright Act Can Only Be Identified John Doe

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DECISION AND ORDERINTRODUCTION  Plaintiff Strike 3 Holdings, LLC (“Plaintiff”) commenced this action on May 17, 2018, alleging that defendant John Doe subscriber assigned Internet Protocol (“IP”) address 69.204.6.161 (“Defendant”) downloaded and distributed Plaintiff’s motion pictures (“the Works”) in violation of the United States Copyright Act of 1976, as amended, 17 U.S.C. §§101 et seq. (Dkt. 1). Presently before the Court is Defendant’s motion to quash a third-party subpoena directed to Defendant’s Internet Service Provider (“ISP”) pursuant to the Court’s August 28, 2018, Decision and Order (Dkt. 10) (“Protective Order”), which Defendant also seeks to vacate (Dkt. 12). Defendant alternatively requests that, if the motion to quash/vacate is denied s/he be permitted to proceed anonymously in the litigation. (Dkt. 12-2 at 15-16). Also pending before the Court is Plaintiff’s motion for an extension of time to file and effectuate service on Defendant. (Dkt. 11).For the reasons that follow, the Court denies Defendant’s motion to quash/vacate, grants in part and denies in part Defendant’s request to proceed anonymously, and grants Plaintiff’s motion for an extension of time.BACKGROUNDThe following alleged facts are taken from the Complaint and assumed to be true for the purposes of the pending motions. Plaintiff is an adult film company that operates subscription-based websites where paying viewers can watch its Works. (Dkt. 1 at

2, 13). Plaintiff also licenses its Works to broadcasters and sells them as DVDs. (Id. at14). However, its Works are also often illegally downloaded by people using a BitTorrent file network. (Id. at

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