TCYK, LLC, v. Does 1-44, No. 13 C 3825, Slip Op. (N.D. Ill. Feb. 20, 2014) (Dow J.).
Judge Dow denied various Doe defendants’ motions to grant subpoenas to their respective ISPs in this BitTorrent copyright case involving the movie “The Company You Keep” with Robert Redford and Susan Sarandon. Of particular note, the Court held as follows:
- Noting a split of authority, the Court went with the “growing trend” in the Northern District that Doe defendants need not have been members of its same BitTorrent swarm at the same time to be joined in a single suit. It was enough that the Does were members of the same swarm.
- Subpoenas served on ISPs do not unduly burden the Doe defendants.
- The fact that a Doe claimed they could not have downloaded the movie was not a sufficient reason to quash its subpoena. That was an issue for discovery and the case.