Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 71.202.78.138
- Virginia Demarchi
- 5:21-cv-08726
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Demarchi allowed early discovery from Comcast to identify the subscriber linked to an IP address in a copyright case.
Strike 3 Holdings may seek the subscriber’s name and address from Comcast through an early subpoena. The unidentified subscriber receives notice and may have protections through objections or a protective order; Comcast may also object or seek a protective order.
What happened
Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 71.202.78.138 concerns Strike 3’s request to identify an unknown defendant in a copyright case.
The court found good cause to let Strike 3 subpoena Comcast Cable before the parties’ required case-management conference. The subpoena may seek the subscriber’s true name and address, and Comcast must notify the subscriber. The subscriber and Comcast may object or seek court protection.
Judge Virginia K. Demarchi granted Strike 3’s request. Strike 3 may use the information only to protect and enforce its rights in the complaint, and it may not publicly disclose the subscriber’s identity without the subscriber’s consent or the court’s permission.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 71.202.78.138 · No. 5:21-cv-08726
- Virginia Demarchi
- Nov. 30, 2021
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena on Comcast Cable before the parties held the conference required by Federal Rule of Civil Procedure 26(f). Comcast was identified as the internet service provider associated with the subscriber assigned IP address 71.202.78.138. The defendant was identified in the caption as John Doe Subscriber Assigned IP Address 71.202.78.138.
Court’s analysis
The court found that Strike 3 had shown good cause for early discovery. It stated that Strike 3 had shown: (1) enough information to establish that the defendant was a real person or entity who could be sued in federal court; (2) steps it had taken to locate the defendant; (3) that the action could withstand a motion to dismiss; and (4) a reasonable likelihood that discovery would identify the defendant so service could occur. The court also noted Strike 3’s representation that it had satisfied the copyright-registration requirement under 17 U.S.C. § 411(a).
The court explained that, at this stage, an IP address alone was not enough to identify the person who could be liable for direct or contributory copyright infringement, but that limited discovery from an internet service provider could be used to find the potential defendant’s identity. The order addressed the discovery request rather than making a final determination of copyright infringement.
Order
Judge Virginia K. Demarchi granted Strike 3’s application. Strike 3 may serve a Rule 45 subpoena ordering Comcast Cable to provide the true name and address of the subscriber assigned the specified IP address, and it must attach the order to the subpoena. Comcast must serve the subscriber with the subpoena and the order within 30 days after the subpoena is served on Comcast, using any reasonable method, including first-class mail or overnight service to the subscriber’s last known address.
Strike 3 may use information produced in response to the subpoena only to protect and enforce its rights stated in the complaint. Comcast may object to the subpoena or seek a protective order. If Comcast provides the subscriber’s identity, Strike 3 may not publicly disclose that information without the subscriber’s consent or permission from the court.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.