Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.169.20.11

Background

Strike 3 Holdings, LLC asked for permission to serve Comcast Cable, the internet service provider associated with IP address 67.169.20.11, with a third-party subpoena before the parties held the conference normally required by Federal Rule of Civil Procedure 26(f). The subpoena sought the true name and address of the subscriber to whom Comcast assigned that IP address.

Court’s analysis

The court found good cause for allowing the early discovery. It determined that Strike 3 had identified the Doe defendant with enough specificity for the court to determine that the defendant was a real person or entity who could be sued in federal court; identified earlier steps taken to locate the defendant; shown that its action could withstand a motion to dismiss; and shown a reasonable likelihood that discovery could identify the defendant so that service of process would be possible. The court also noted that Strike 3’s application indicated compliance with the copyright-registration requirements in 17 U.S.C. § 411(a).

The court cited authority stating that a bare allegation that an internet subscriber was registered to an IP address associated with infringing activity is not enough, by itself, to state a plausible claim for direct or contributory copyright infringement. But, based on the record at this stage, the court concluded that Strike 3 could obtain limited discovery to determine the defendant’s identity. The order did not decide whether the subscriber infringed copyright or was liable to Strike 3.

Order

Judge Virginia K. DeMarchi granted Strike 3’s application. Strike 3 may serve a Federal Rule of Civil Procedure 45 subpoena on Comcast requiring Comcast to provide the subscriber’s true name and address, and Strike 3 must attach the order to the subpoena.

Comcast must serve the subscriber with a copy of the subpoena and the order within 30 days after the subpoena is served on Comcast. Comcast may use any reasonable method, including first-class mail or overnight service to the subscriber’s last known address. Strike 3 may use information produced in response to the subpoena only to protect and enforce the rights described in its complaint. Comcast may object to the subpoena or seek a protective order. If Comcast provides identifying information, Strike 3 may not publicly disclose it without the subscriber’s consent or permission from the court.