Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.126.183.14
- Laurel Beeler
- 3:21-cv-08729
- U.S. District Court · Northern District of California
- 8
In Strike 3 Holdings v. John Doe, Judge Beeler granted a subpoena request to identify the person allegedly infringing Strike 3’s copyrights.
Strike 3 Holdings, LLC; the unidentified Doe defendant associated with IP address 76.126.183.14; and Comcast Cable, the non-party internet-service provider receiving the subpoena.
What happened
Strike 3 Holdings, LLC sued an unidentified defendant linked to IP address 76.126.183.14, alleging that the person used BitTorrent to download and distribute its copyrighted adult movies. Strike 3 asked to subpoena the defendant’s internet provider, Comcast Cable, for the person’s name and address.
The court found good cause for early discovery because Strike 3 identified a specific alleged infringer, described its efforts to identify that person, stated a copyright claim that could survive an initial challenge, and showed that Comcast could likely provide identifying information. The court also issued limited protections because the allegations involved sensitive personal matters and the subscriber might not be the actual infringer.
Judge Laurel Beeler granted Strike 3’s request for expedited discovery. Strike 3 may immediately serve Comcast with a subpoena, while the Doe defendant has 30 days after receiving notice to challenge it; information disclosed may be used only to protect Strike 3’s rights in the lawsuit.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 76.126.183.14 · No. 3:21-cv-08729
- Laurel Beeler
- Nov. 29, 2021
Background
Strike 3 Holdings, LLC alleged that an unidentified person using Comcast Cable’s IP address 76.126.183.14 infringed Strike 3’s copyrights in several adult motion pictures. According to the complaint, the person used BitTorrent to download and distribute the movies without authorization. Strike 3 alleged that its detection system connected directly with the IP address, downloaded files containing copies of its movies, and recorded infringement involving 67 movies over an extended period.
Strike 3 filed one copyright-infringement claim and then sought permission to serve Comcast, a non-party internet-service provider, with an early subpoena under Federal Rule of Civil Procedure 45. The subpoena was limited to obtaining the name and addresses of the individual or individuals associated with the IP address.
Reasoning
The court applied the four-factor good-cause test used for early discovery to identify an unnamed defendant. It found that Strike 3 had:
- Identified the Doe defendant with enough specificity for the court to determine that the person was a real individual who could be sued in federal court.
- Described the steps it had taken to locate and identify the person, including tracing downloads associated with the IP address to the Northern District of California.
- Alleged a copyright claim that could withstand a motion to dismiss. The court explained that a direct infringement claim requires allegations that the plaintiff owns the copyrighted material and that the defendant violated an exclusive copyright right, such as the right to reproduce or distribute the work.
- Shown that Comcast was reasonably likely to have information that would identify the Doe defendant and allow service of the lawsuit.
The court did not decide whether the Doe defendant actually infringed Strike 3’s copyrights. It concluded only that Strike 3 had made a sufficient showing to obtain early discovery.
Protective order
The court issued a limited protective order because the subscriber might be an innocent third party and the allegations concerned sensitive and personal matters. Strike 3 may not publicly disclose identifying information produced by Comcast until the Doe defendant has an opportunity to ask to proceed anonymously and the court rules on that request. If the Doe defendant does not seek permission to proceed anonymously within 30 days after the information is disclosed to Strike 3’s counsel, the limited protection expires.
If the Doe defendant includes identifying information in a request to proceed anonymously, the request may be filed under seal while the court considers it. Any information disclosed under the subpoena may be used only to protect Strike 3’s rights described in its complaint.
Order
Judge Laurel Beeler granted Strike 3’s ex parte motion for expedited discovery. Strike 3 may immediately serve Comcast with a Rule 45 subpoena, attaching the court’s order. Comcast has 30 days after service to notify the Doe defendant. The Doe defendant then has 30 days after receiving notice to file a motion challenging the subpoena, including a motion to quash or modify it. If no timely challenge is filed, Comcast has 10 days to provide the requested information to Strike 3.
The subpoenaed entity must preserve the information while any timely motion to quash is pending. Comcast must confer with Strike 3 before charging production costs and, if it seeks payment, must provide a billing summary and cost reports.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.