Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 162.225.125.7

Background

Strike 3 Holdings, LLC applied for permission to serve a third-party subpoena on AT&T Inc., referred to in the order as “AT&T Internet,” before the parties held the conference ordinarily required by Federal Rule of Civil Procedure 26(f). Strike 3 sought the true name and address of the subscriber to whom AT&T assigned IP address 162.225.125.7.

Court’s Analysis

The court found good cause for early discovery. It determined that Strike 3 had shown that:

- it could identify the 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; - it had identified steps previously taken to locate the defendant; - its action could withstand a motion to dismiss; and - there was a reasonable likelihood that discovery would identify the defendant and allow service of process.

The court also noted that Strike 3’s application indicated that it had satisfied the copyright-registration requirements under 17 U.S.C. § 411(a). The court explained, however, that a bare allegation that a person is the registered subscriber of an IP address associated with infringing activity is not enough by itself to state a plausible claim for direct or contributory copyright infringement. Despite that limitation, the court concluded that Strike 3 could serve discovery at this stage to determine the defendant’s identity.

Ruling and Conditions

Judge Virginia Demarchi granted Strike 3’s application. The order permits Strike 3 to serve AT&T Internet with a subpoena under Federal Rule of Civil Procedure 45 requiring AT&T to provide the subscriber’s true name and address. Strike 3 must attach a copy of the order to the subpoena.

AT&T Internet must serve the subpoena and the order on the subscriber within 30 days after the subpoena is served on AT&T. AT&T may use any reasonable method, including first-class mail or overnight delivery to the subscriber’s last known address. AT&T may object to the subpoena and may seek a protective order.

Strike 3 may use information produced in response to the subpoena only to protect and enforce the rights described in its complaint. If AT&T provides identifying information, Strike 3 may not publicly disclose it without the subscriber’s consent or permission from the court. The order granted permission for identity discovery; it did not decide whether copyright infringement occurred or identify the subscriber.