Judge allows porn copyright firm to unmask anonymous downloader in Brooklyn case
BROOKLYN, NY – A federal judge has granted Strike 3 Holdings, a California-based adult film company, permission to subpoena Verizon Fios for the identity of an anonymous internet subscriber accused of illegally downloading explicit content through file-sharing platforms.
The motion, filed in Eastern District federal court, targets a user known only by the IP address 70.23.115.234. Strike 3 alleges that the user infringed on its copyrighted adult films using BitTorrent software, a peer-to-peer network that allows large file downloads. According to the company, the IP address is connected to a physical address located within the court’s jurisdiction, but Strike 3 says it cannot identify the individual behind the alleged piracy without cooperation from the internet service provider.
Magistrate Judge Vera M. Scanlon approved the request this week, allowing the adult film studio to serve a subpoena under Rule 45 of the Federal Rules of Civil Procedure. The subpoena will compel Verizon Fios to hand over the name and address associated with the IP address, subject to a set of privacy protections due to the nature of the allegations.
The court noted that while early discovery is usually prohibited before formal proceedings begin, exceptions are allowed when plaintiffs show good cause—particularly when the only way to identify a potential defendant is through a third party like an ISP.
However, the judge also recognized the risk of misidentifying the infringer. As the opinion explains, the subscriber tied to the IP address may not necessarily be the individual who downloaded the content. “The alleged infringer could be a member of the subscriber’s family, an employee, invitee, neighbor, or interloper,” the court said, citing past rulings on similar cases.
To mitigate reputational harm in cases involving adult material, the court imposed protective measures requiring that the subscriber not be publicly named unless further legal process confirms their responsibility.
Strike 3 Holdings is known for aggressively pursuing copyright enforcement through federal litigation, often identifying IP addresses and suing anonymous “John Doe” defendants, then seeking their identities through court-approved subpoenas. Many such cases result in confidential settlements.
This latest ruling follows a string of similar decisions in the Eastern District of New York, where judges have allowed early subpoenas under narrowly tailored conditions due to the sensitive nature of the subject matter and the complexities of identifying digital infringers.