Strike 3 Holdings, LLC v. Doe, No. 18-7188 (D.C. Cir. 2020)Annotate this Case
After Strike 3's investigators recorded IP address 126.96.36.199 illegally distributing Strike 3's pornographic films via the BitTorrent network, the company filed a complaint against the IP address subscriber. However, because Internet service providers are the only entities that can link an IP address to its subscriber, Strike 3 could not serve its complaint without first subpoenaing the subscriber's ISP, Comcast, for information identifying the anonymous defendant. Strike 3 filed a Federal Rule of Civil Procedure 26(d)(1) motion seeking leave to subpoena Comcast for records identifying the John Doe IP address subscriber. The district court denied Strike 3's discovery motion.
The DC Circuit reversed the district court's denial of the motion and held that the district court abused its discretion by assigning improper weight to what it viewed as the "aberrantly salacious nature" of Strike 3's films, by concluding that Strike 3 could not state a plausible claim for infringement against the IP address subscriber, and by drawing unsupported, negative inferences against Strike 3 regarding its litigation tactics. Because the court found that the district court abused its discretion in denying Strike 3's discovery motion, its dismissal for failure to state a claim is also reversed. The court remanded for further proceedings.