Strike 3 Holdings v. John Doe subscriber assigned IP address 104.183.240.137
Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 104.183.240.137
- Laurel Beeler
- 3:20-cv-07424
- U.S. District Court · Northern District of California
- 8
In Strike 3 Holdings v. John Doe, Judge Beeler granted expedited discovery, allowing a subpoena to AT&T U-verse for the subscriber’s name and addresses.
Strike 3 Holdings may obtain identifying information from AT&T U-verse about the person associated with IP address 104.183.240.137. The unidentified Doe defendant receives notice and an opportunity to challenge the subpoena, and the provider must preserve and handle the information as ordered.
What happened
Strike 3 Holdings, LLC sued John Doe, identified by IP address 104.183.240.137, alleging that the person used BitTorrent to download and distribute its copyrighted adult movies. Strike 3 asked to subpoena the internet provider, AT&T U-verse, to learn the person’s identity.
The court found good cause for early discovery because Strike 3 identified a specific alleged infringement, described its efforts to locate the person, showed that its copyright claim could proceed, and demonstrated that AT&T U-verse was likely to have identifying information. The court also ordered limited confidentiality protections because the allegations involved sensitive personal matters and the subscriber might not be the actual infringer.
Judge Beeler granted Strike 3 Holdings’s motion for expedited discovery. Strike 3 may immediately serve AT&T U-verse with a subpoena for John Doe’s true name and addresses, subject to notice, a 30-day period to challenge the subpoena, and limits on using or publicly disclosing the information.
The detailed version
- Strike 3 Holdings v. John Doe subscriber assigned IP address 104.183.240.137 · No. 3:20-cv-07424
- Laurel Beeler
- Nov. 20, 2020
Background
Strike 3 Holdings, LLC alleged that the unidentified defendant using IP address 104.183.240.137 downloaded and distributed 25 of Strike 3’s copyrighted adult motion pictures through BitTorrent. Strike 3 said it owns copyrights registered with the United States Copyright Office and that its detection system established direct connections with the IP address and downloaded files matching its copyrighted movies.
Strike 3 filed one copyright-infringement claim but could not identify the individual associated with the IP address. It asked for permission to serve a third-party subpoena under Federal Rule of Civil Procedure 45 on AT&T U-verse, the internet service provider, seeking the name and addresses of the individual or individuals associated with the IP address.
Reasoning
The court applied the standard for early discovery before the parties’ required discovery conference. It found good cause based on four factors:
- Strike 3 identified the Doe defendant specifically enough for the court to determine that the defendant was a real person who could be sued in federal court. The alleged downloads had been traced to the Northern District of California.
- Strike 3 described its efforts to identify the defendant and explained that the IP address alone was insufficient.
- Strike 3 adequately alleged a copyright claim that could withstand a motion to dismiss. The court noted that a direct-infringement claim requires ownership of the copyrighted material and violation of at least one exclusive copyright right. Strike 3 alleged both ownership and unauthorized downloading and distribution.
- Strike 3 showed that the requested information was reasonably likely to identify the defendant and allow service of the lawsuit because AT&T U-verse could identify the person associated with the IP address.
The court also issued a limited protective order. It required information released by the internet provider to remain confidential until the Doe defendant had an opportunity to ask to proceed anonymously and the court had ruled on that request. If the Doe defendant did not seek permission to proceed anonymously within 30 days after the information was disclosed to Strike 3’s counsel, the limited protection would end. The court also addressed sealing papers that might contain identifying information.
Order
The court granted Strike 3 Holdings’s ex parte motion for expedited discovery. Strike 3 may immediately serve AT&T U-verse with a Rule 45 subpoena seeking the Doe defendant’s true name and addresses, and it must attach the order to the subpoena.
AT&T U-verse must serve the Doe defendant with the subpoena and order within 30 days after service on the provider. The Doe defendant then has 30 days after receiving them to file a motion contesting the subpoena, including a motion to quash or modify it. If no timely challenge is filed, the provider has 10 days to produce the responsive information. The subpoenaed entity must preserve the information while any timely challenge is pending. Any information produced may be used only to protect Strike 3 Holdings’s rights described in its complaint.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.