Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 99.162.148.26

Background

Strike 3 Holdings, LLC alleged that an unknown individual used BitTorrent to download and distribute about 54 of Strike 3’s copyrighted adult motion pictures. Strike 3 identified an internet protocol address, 99.162.148.26, through its infringement-detection system and sought permission to serve a subpoena before the usual early stage of discovery. The subpoena would require nonparty AT&T Inc. to provide the name and address of the subscriber assigned that IP address.

The complaint asserted one claim for direct copyright infringement and sought an injunction and statutory damages. The opinion states that the case was filed on November 27, 2024.

Good Cause for Early Discovery

The court applied the Ninth Circuit’s good-cause standard for discovery before the parties’ required initial conference. It considered whether Strike 3: (1) identified the unknown defendant specifically enough to show that the defendant was a real person who could be sued in federal court; (2) described its efforts to identify the defendant; (3) showed that the complaint could survive a motion to dismiss; and (4) showed that the requested discovery was reasonably likely to produce information allowing service of the lawsuit.

The court found that Strike 3 satisfied all four factors. The court relied on Strike 3’s allegations that BitTorrent activity requires a human user, its use of geolocation technology to place the IP address within the district, its additional searches and consultations with investigators and cybersecurity experts, and its allegations that it owned registered copyrights that the Doe defendant downloaded, copied, and distributed without permission. Accepting those allegations as true for this preliminary purpose, the court concluded that the complaint could withstand a motion to dismiss. The court also found that AT&T was likely to be the entity able to connect the IP address to the subscriber.

Protective Measures

The court recognized concerns that the subscriber might be an innocent account holder who could face pressure to settle before learning whether that person actually infringed the copyrights. It therefore ordered confidentiality protections for personal information that AT&T or another internet service provider provides to Strike 3. The court also stated that it would consider a request by the Doe defendant to proceed under a pseudonym.

Order

The court granted Strike 3’s application for leave to serve a third-party subpoena. Strike 3 may serve AT&T with a subpoena requiring the true name and address of the person assigned the specified IP address, and it may serve a similar subpoena on another internet service provider identified by AT&T.

AT&T must serve the Doe subscriber with the subpoena and the order within 30 days after being served. The subscriber then has 30 days to contest the subpoena, including by asking the court to cancel or change it, and may request that identifying information be filed under seal. If the subscriber does not contest the subpoena within that period, AT&T 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. It may not publicly disclose the information without the court’s permission, and references to the subscriber’s identity must be redacted and filed under seal until further order. The order also addresses possible ISP production charges and requires AT&T or another subpoenaed provider to preserve the requested information while any timely challenge is resolved.