Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.23.185.139
- Edward Davila
- 5:24-cv-06782
- U.S. District Court · Northern District of California
- 7
In Strike 3 Holdings v. John Doe subscriber assigned IP address 24.23.185.139, Judge Davila allowed an early subpoena to identify the unnamed defendant, subject to privacy protections.
Strike 3 Holdings, LLC may serve the authorized subpoena; Comcast Cable Communications, LLC and any other internet service provider receiving a subpoena must follow the order’s notice, preservation, and disclosure conditions; and the unidentified subscriber may challenge the subpoena or seek to proceed anonymously.
What happened
Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.23.185.139 concerns Strike 3’s allegation that an unknown person used BitTorrent to download and distribute 24 copyrighted adult films. Strike 3 asked to subpoena Comcast Cable Communications, LLC for the subscriber’s name and address.
The court granted Strike 3’s application to serve the subpoena. It found good cause for early discovery, but required Comcast to notify the subscriber and allowed the subscriber to challenge the subpoena or request permission to proceed anonymously. The subscriber’s identifying information must remain confidential unless the court orders otherwise.
Judge Edward J. Davila also restricted Strike 3’s use and disclosure of the information and required the internet service provider to preserve subpoenaed information while a timely motion is pending. The order’s conclusion refers to a different IP address—73.70.126.123—than the address in the case caption and earlier discussion, 24.23.185.139.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.23.185.139 · No. 5:24-cv-06782
- Edward Davila
- Oct. 23, 2024
Background
Strike 3 Holdings, LLC sued an unknown individual identified as “John Doe subscriber assigned IP address 24.23.185.139.” Strike 3 alleged that the individual used BitTorrent to download and distribute 24 copyrighted adult films. Strike 3 asserted one claim for direct copyright infringement and sought an injunction and statutory damages.
Strike 3 asked for permission to serve a Rule 45 subpoena on non-party Comcast Cable Communications, LLC. The subpoena sought the name and address of the person associated with the IP address. The request was made before the parties’ usual discovery conference, so Strike 3 had to show “good cause” for early discovery.
Court’s analysis
The court applied four factors for determining whether early discovery may be used to identify an unknown defendant:
- Whether the complaint identifies a real person who could be sued in federal court with enough specificity;
- Whether the plaintiff described the steps taken to identify that person;
- Whether the complaint could withstand a motion to dismiss; and
- Whether the requested discovery was reasonably likely to produce information allowing the defendant to be identified and served.
The court found that Strike 3 satisfied all four factors. It relied on Strike 3’s allegations that BitTorrent activity requires a human user, that technology traced the IP address to a location within the district, and that Strike 3 used infringement-detection technology, web searches, computer investigators, and cybersecurity consultants. The court also found that Strike 3 had adequately alleged copyright ownership and unauthorized downloading, copying, and distribution at this preliminary stage. Finally, the court found that the internet service provider was reasonably likely to be able to connect the IP address with the subscriber’s identity.
Protective measures
Although the court allowed the subpoena, it ordered protections because the subscriber might be innocent or unaware of the alleged activity. Personal information Comcast produced about the Doe Defendant must be treated as confidential. The Doe Defendant may ask to proceed anonymously and to have identifying information filed under seal.
The subpoena must include a copy of the order. Comcast must serve the subscriber with the subpoena and order within 30 days after being served. The subscriber then has 30 days to challenge or seek to modify the subpoena. If no challenge is filed, the internet service provider may produce the responsive information within 10 days. Strike 3 may use the information only to protect and enforce the rights asserted in the complaint and may not publicly disclose it without the court’s permission. The provider must also preserve subpoenaed information while a timely motion is pending.
Disposition
The court granted Strike 3’s ex parte application for leave to serve a third-party subpoena, subject to the stated conditions. The opinion’s conclusion identifies the Doe Defendant by IP address 73.70.126.123, which conflicts with the case caption, the application described in the opinion, and the earlier discussion identifying IP address 24.23.185.139.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.