Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.252.238.75

Background

Strike 3 Holdings, LLC alleged that the unidentified defendant assigned IP address 73.252.238.75 used BitTorrent to download and distribute Strike 3’s copyrighted adult motion pictures. Strike 3 stated that it owned registered copyrights in the movies and that its infringement-detection system established direct connections with the IP address and downloaded copies of the movies from it. Strike 3 alleged that the IP address had been recorded infringing 47 movies over an extended period.

Strike 3 filed one copyright-infringement claim against the John Doe defendant. Because Strike 3 could not identify the individual associated with the IP address, it applied for permission to serve Comcast Cable, the internet-service provider, with a subpoena under Federal Rule of Civil Procedure 45. The requested subpoena was limited to the name and address of the individual or individuals associated with the IP address.

Legal standard and analysis

The court explained that early discovery—discovery allowed before the parties’ usual initial discovery conference—may be permitted when there is good cause. Courts assess whether the plaintiff has: (1) identified the unknown defendant with enough specificity to show that the defendant is a real person who may be sued in federal court; (2) described efforts to locate and identify the defendant; (3) shown that the complaint could withstand a motion to dismiss; and (4) shown that the requested discovery is reasonably likely to lead to information allowing service of process.

The court held that Strike 3 satisfied all four requirements. It concluded that the allegations identified a real, identifiable adult who was likely either the primary subscriber or someone who lived with or was known to the subscriber. The court also found that tracing the downloads to the Northern District of California supported jurisdiction over the defendant and Strike 3’s federal claim.

For the copyright claim, the court explained that a basic direct-infringement case requires ownership of the copyrighted material and a violation of at least one exclusive copyright right. The court found that Strike 3 sufficiently alleged ownership and unauthorized copying and distribution, so the claim could withstand a motion to dismiss. The court further found that Comcast could likely identify the defendant through the IP address.

Protective order

The court issued a limited protective order because the internet subscriber might not be the person who infringed the copyrights and because the allegations involved sensitive and personal matters. If Comcast disclosed information to Strike 3, Strike 3 could not publicly disclose it until the Doe defendant had an opportunity to ask to proceed anonymously and the court ruled on that request. If the Doe defendant did not file such a request within 30 days after the information was disclosed to Strike 3’s counsel, the limited protection would expire. The court also allowed identifying information submitted with an anonymity request to be filed under seal.

Disposition

The court granted Strike 3’s ex parte motion for expedited discovery. Strike 3 could immediately serve Comcast Cable with a Rule 45 subpoena seeking the Doe defendant’s true name and addresses, attaching the order to the subpoena. Comcast had 30 days after service to notify the Doe defendant. The Doe defendant then had 30 days after service to challenge the subpoena, including by asking the issuing court to quash or modify it. If no timely challenge was filed, Comcast would have 10 days to provide the information. The subpoenaed entity had to preserve the information while any timely challenge was pending, and Strike 3 could use disclosed information only to protect the rights asserted in its complaint.