Strike 3 Holdings v. John Doe subscriber assigned IP address 76.126.202.136

Background

Strike 3 Holdings, LLC said it owns copyrighted adult-media works that were illegally downloaded and distributed online. Strike 3 identified the internet-protocol address allegedly used for the activity but could not identify the person who used it. It asked for permission to serve Comcast Cable Company, LLC, the internet service provider associated with the Doe defendant, with an early subpoena under Federal Rule of Civil Procedure 45.

A subpoena is a legal demand for information. Strike 3 sought only the name and address associated with IP address 76.126.202.136. It requested permission to serve the subpoena before the parties held the usual Rule 26(f) conference.

Court’s Analysis

Based on Strike 3’s sworn submissions, the court found good cause for a narrowly tailored subpoena. The submissions made a sufficient preliminary showing that Strike 3 owned the works at issue, that the Doe defendant was infringing them, and that Comcast was the only entity identified as able to connect the IP address to a subscriber. The court also found that the subpoena was reasonably likely to produce information that would help serve the defendant, that no other reasonably available method could identify the defendant, and that the information might be deleted without preservation.

The court changed Strike 3’s proposed terms to better protect the Doe defendant’s privacy and rights. It also issued a protective order under Rule 26(c), which allows courts to protect parties and others from improper disclosure or use of information obtained in litigation.

Order

The court granted leave for Strike 3 to immediately serve Comcast with a Rule 45 subpoena seeking only the Doe defendant’s true name and address associated with the identified IP address. A copy of the order had to accompany the subpoena. Within 15 days after service, Comcast had to notify the defendant and provide copies of the subpoena and order. The defendant could move to quash or modify the subpoena and could ask to proceed under a pseudonym. If the defendant did not contest the subpoena within the stated time, Comcast was directed to provide the information to Strike 3 within 10 days after the challenge period ended. If the defendant contested it, Comcast had to preserve the information without producing it until the court ruled.

The protective order limited Strike 3’s use of the information to prosecuting this action and protecting the rights alleged in the complaint. Strike 3 could not disclose the defendant’s name or address to third parties without court permission. Public filings had to redact identifying information, while unredacted versions could be filed under seal under the court’s rules. The protective order was to remain in place until the court dissolved it.