Strike 3 Holdings v. John Doe subscriber assigned IP address 174.160.149.220
Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 174.160.149.220
- Edward Chen
- 3:25-cv-03866
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Chen granted early discovery so Strike 3 could subpoena Comcast for the subscriber’s name and address.
Strike 3 Holdings may obtain Doe’s identifying information from Comcast through a subpoena, subject to notice, confidentiality, sealing, and preservation requirements. John Doe may receive notice and may still file a motion to dismiss. Comcast must comply with the order’s subpoena, notice, and preservation requirements.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 174.160.149.220, Strike 3 alleged that John Doe used BitTorrent to infringe 43 of its adult motion pictures. Strike 3 asked to subpoena Comcast before the parties held their required early case-management conference, so it could learn Doe’s name and address.
The court found good cause for the early discovery and granted Strike 3’s application. Strike 3 may serve Comcast with a subpoena for the subscriber’s true name and address, but it must give Doe notice, protect the information, and keep references to Doe’s identity redacted and sealed unless the court allows otherwise. Comcast must preserve the subpoenaed information while any timely motion to dismiss is pending.
Judge Edward Chen emphasized that allowing the subpoena did not decide whether Doe infringed copyright or prevent Doe from filing a motion to dismiss. The order also required Strike 3 to address proposed confidentiality protections before using the information.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 174.160.149.220 · No. 3:25-cv-03866
- Edward Chen
- June 12, 2025
Background
Strike 3 Holdings, LLC sued John Doe Subscriber Assigned IP Address 174.160.149.220 for copyright infringement. According to Strike 3, Doe used the BitTorrent protocol to infringe 43 of Strike 3’s adult motion pictures. Because Doe was identified in the complaint by an Internet Protocol (IP) address, Strike 3 sought permission to conduct early discovery before the parties’ required Rule 26(f) conference. Specifically, it requested permission to serve Comcast Cable, the internet service provider, with a subpoena seeking the true name and address of the subscriber assigned the identified IP address.
The court stated that it reviewed Strike 3’s application, supporting declarations, and complaint. It also endorsed a recent decision by Judge Seeborg in a related Strike 3 matter, stating that the rulings in this order were consistent with that decision. The court noted that a bare allegation that a person was the subscriber for an IP address associated with infringement may be insufficient to state a direct or contributory infringement claim.
Ruling
The court found that Strike 3 had established good cause to serve the third-party subpoena, and it granted the motion. Strike 3 may serve Comcast with a subpoena under Federal Rule of Civil Procedure 45 seeking Doe’s true name and address. Strike 3 must attach this order and the related decision by Judge Seeborg to the subpoena.
If Comcast qualifies as a cable operator under 47 U.S.C. § 522(5), it must send Doe a copy of the order as required by 47 U.S.C. § 551(c)(2)(B). Regardless of whether Comcast qualifies as a cable operator, Strike 3 must ask Comcast to forward the order to the subscriber. If Comcast declines, Strike 3 must serve Doe with the order at the same time as, or before, any other service or communication to Doe. Strike 3 must file proof of its request or an affidavit stating that Comcast forwarded the order before Strike 3 attempts to serve or communicate with Doe.
Strike 3 may use information obtained through the subpoena only to protect and enforce the rights asserted in its complaint. It may not publicly disclose the information without the court’s permission, at least until Doe has had an opportunity to request permission to proceed anonymously or further discovery has occurred. References to Doe’s identity must be redacted and filed under seal until further notice. Strike 3 must first file an affidavit confirming that it proposed confidentiality protections to Doe, including relevant communications about any proposed agreement. Comcast, or another internet service provider receiving a subpoena under the order, must preserve the subpoenaed information while any timely motion to dismiss is being resolved.
What the Order Did Not Decide
The court expressly stated that authorizing early discovery did not prevent Doe from filing a motion to dismiss under Rule 12(b)(6), which tests whether a complaint adequately states a legal claim. The court also stated that it was not prejudging any such motion. The order therefore authorized discovery but did not decide whether Doe was liable for copyright infringement. Judge Edward Chen signed the order on June 12, 2025.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.