Pacific Century International, Ltd. v. John Does 1-37

282 F.R.D. 189, 102 U.S.P.Q. 2d (BNA) 1201, 2012 U.S. Dist. LEXIS 44368
CourtDistrict Court, N.D. Illinois
DecidedMarch 30, 2012
DocketNos. 12 C 1057, 12 C 1080, 12 C 1083, 12 C 1085, 12 C 1086, 12 C 1088
StatusPublished
Cited by49 cases

This text of 282 F.R.D. 189 (Pacific Century International, Ltd. v. John Does 1-37) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pacific Century International, Ltd. v. John Does 1-37, 282 F.R.D. 189, 102 U.S.P.Q. 2d (BNA) 1201, 2012 U.S. Dist. LEXIS 44368 (N.D. Ill. 2012).

Opinion

MEMORANDUM OPINION AND ORDER

JAMES F. HOLDERMAN, Chief Judge:

These six cases were consolidated for the purpose of this court ruling on a motion to compel that is based on nearly identical circumstances in each case. (Dkt. No. 9.)1 The subpoenas, which arose during discovery in four separate underlying cases, two pending in the Eastern District of California, one in the Eastern District of Virginia, and one in the Southern District of Texas,2 seek information from two internet service providers, Comcast Cable Communications, LLC (“Comcast”) and Cequel III Communications II, LLC d/b/a Cebridge Connections and Suddenlink Communications (“Suddenlink”) (collectively “the ISPs”). (Dkt. No. 12, Ex. A.) The ISPs objected to the subpoenas (Dkt. No. 12, Ex. C), and the plaintiffs filed a motion to compel compliance (Dkt. No. 12). For the reasons stated below, the motion to compel is granted in part and denied in part. In addition, Comcast filed a motion to consol[192]*192idate two additional eases with this case. (Dkt. No. 18.) That motion is denied without prejudice.

BACKGROUND

The plaintiffs in each of the six cases are producers of pornographic videos.3 In each case, the plaintiffs allege that the John Doe defendants illegally reproduced and distributed a pornographic video in violation of the plaintiffs’ copyright.4 The defendants accessed the videos in each case from their computers through the use of a BitTorrent file sharing protocol. One other district court has previously explained that a Bit Torrent file sharing protocol is a decentralized method of distributing data on peer-to-peer (“P2P”) file sharing networks:

Since its release approximately 10 years ago, BitTorrent has allowed users to share files anonymously with other users. Instead of relying on a central server to distribute data directly to individual users, the BitTorrent protocol allows individual users to distribute data amo[ng] themselves by exchanging pieces of the file with each other to eventually obtain a whole copy of the file. When using the BitTor-rent protocol, every user simultaneously receives information from and transfers information to one another. In the BitTor-rent vernacular, individual download-ers/distributors of a particular file are called “peers.” The group of peers involved in downloading/distributing a particular file is called a “swarm.” A server which stores a list of peers in a swarm is called a “tracker.” A computer program that implements the BitTorrent protocol is called a BitTorrent “client.”
The BitTorrent protocol operates as follows. First, a user locates a small “torrent” file. This file contains information about the files to be shared and about the tracker, the computer that coordinates the file distribution. Second, the user loads the torrent file into a BitTorrent client, which automatically attempts to connect to the tracker listed in the torrent file. Third, the tracker responds with a list of peers and the BitTorrent client connects to those peers to begin downloading data from and distributing data to the other peers in the swarm. When the download is complete, the BitTorrent client continues distributing data to the peers in the swarm until the user manually disconnects [from] the swarm or the BitTorrent client otherwise does the same.5

Because the BitTorrent system allows each individual user to share information anonymously, the plaintiffs do not know the identity of each alleged defendant at this time. Instead, the plaintiffs have identified only a series of Internet Protocol (“IP”) addresses assigned to computers that accessed the copyrighted material, along with the date and time of each computer user’s alleged unlawful activity. In each case, the plaintiffs filed a motion for early discovery seeking leave to subpoena the ISPs to obtain the identifying information for each IP address. The respective courts in each case granted plaintiffs leave to subpoena the ISPs, (Dkt. No. 12, Ex. B), and the plaintiffs issued Federal Rule of Civil Procedure 45 subpoenas to each ISP calling for production at the office of the plaintiffs’ law firm in Chicago. (Dkt. No. 12, Ex. A.) Accordingly, the subpoenas were issued from this court, as required by Fed. [193]*193R.Civ.P. 45(a)(2)(C) (requiring that the subpoena must issue “from the court for the district where the production ... is to be made”).

LEGAL STANDARD

Under Rule 45(c)(3), the court must quash or modify a subpoena to a non-party witness that “subjects a person to undue burden.” Fed.R.Civ.P. 45(c)(3)(A)(iv). When determining if a burden is undue, the court must ask whether “the burden of compliance with [the subpoena] would exceed the benefit of production of the material sought by it.” Nw. Mem’l Hosp. v. Ashcroft, 362 F.3d 923, 927 (7th Cir.2004). When making that inquiry, the court should consider “ ‘the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues.’” Williams v. Blagojevich, No. 05 C 4673, 2008 WL 68680, at *3 (N.D.Ill. Jan. 2, 2008) (quoting Simon Prop. Grp. L.P. v. mySimon, Inc., 194 F.R.D. 639, 640 (S.D.Ind.2000) (Hamilton, J.)). “The party opposing discovery has the burden of showing the discovery is overly broad, unduly burdensome, or not relevant.” Id. (citation omitted).

ANALYSIS

Copyright owners have used “John Doe” suits against unidentified defendants as a means of enforcing their copyrights in digital material for nearly a decade. See Ronald N. Weikers, Data Security and Privacy Law § 9:133 (rev. 2011).6 Throughout the 2000s, for example, the music recording industry filed well over 10,000 John Doe lawsuits. Id. More recently, various movie studios have adopted the tactic in an effort to identify copyright infringers. See, e.g., Voltage Pictures, LLC v. Does 1-5,000, No. 10 C 873, 2011 WL 1807438, at *1 (D.D.C. May 12, 2011). Producers of pornographic movies have been particularly aggressive on this front. The lawyers representing the plaintiffs in these pending cases have to date filed at least 118 such lawsuits against over 15,000 John Does in the last year and a half alone. See Decl. of Charles E. Piehl and Exhibit A, AF Holdings, LLC, v. Does 1-135, No. 11 C 3336 (N.D.Cal. Feb. 22, 2012), ECF Nos. 43, 43-1 (providing a list of cases filed by plaintiffs’ law firm as of February 24, 2012).

Another court has described the common arc of the plaintiffs’ litigating tactics in those cases:

(1) a plaintiff sues anywhere from a few to thousands of Doe defendants for copyright infringement in one action; (2) the plaintiff seeks leave to take early discovery; (3) once the plaintiff obtains the identities of the IP subscribers through early discovery, it serves the subscribers with a settlement demand; (4) the subscribers, often embarrassed about the prospect of being named in a suit involving pornographic movies, settle.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
282 F.R.D. 189, 102 U.S.P.Q. 2d (BNA) 1201, 2012 U.S. Dist. LEXIS 44368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pacific-century-international-ltd-v-john-does-1-37-ilnd-2012.