Judge grants Strike 3 Holdings subpoena to identify alleged copyright infringer in NJ case
Newark, NJ – A federal magistrate judge has granted Strike 3 Holdings, LLC permission to subpoena an internet provider in order to identify a John Doe defendant accused of illegally downloading adult films via BitTorrent.
In a September 8 letter opinion and order, Magistrate Judge Michael A. Hammer ruled that Strike 3 can serve a subpoena on Spectrum, the Internet Service Provider that assigned the IP address linked to the alleged activity.
The lawsuit, filed July 31, accuses the unnamed subscriber at IP address 142.105.44.78 of downloading and distributing 35 copyrighted works owned by Strike 3. The company said it identified the activity using its infringement detection system, VXN Scan, which allegedly established direct connections with the IP address.
Because the defendant’s identity is unknown, Strike 3 argued it needed to obtain subscriber information from Spectrum in order to move the case forward. The judge agreed, applying the “good cause” test often used in similar BitTorrent copyright cases.
“Without this information, Plaintiff will have no means of determining Defendant’s true identity, and, consequently, will not be able to serve Defendant John Doe and protect its copyrights,” the court order noted.
The ruling allows Strike 3 to move ahead in its ongoing campaign of federal lawsuits targeting alleged file-sharing of its adult content, cases which have been filed in courts nationwide.
Key Points
- Strike 3 Holdings alleges a Spectrum subscriber downloaded and shared 35 copyrighted films using BitTorrent.
- The judge granted permission to subpoena Spectrum for the subscriber’s identity.
- The case is part of Strike 3’s broader nationwide copyright enforcement strategy.
The subpoena clears the way for Strike 3 to unmask the anonymous defendant and formally serve the lawsuit.