Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.188.24.75
- Jeffrey White
- 4:21-cv-09102
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge White authorized subpoenas to identify an alleged copyright defendant linked to an IP address.
Strike 3 Holdings, LLC; the unidentified subscriber associated with IP address 67.188.24.75; Comcast Cable Communications, Inc.; and any later-identified internet service provider receiving an authorized subpoena.
What happened
Strike 3 Holdings, LLC sued an unidentified defendant associated with IP address 67.188.24.75 and asked to subpoena Comcast before the parties’ required initial conference. The opinion does not decide whether the defendant infringed copyright.
The court found good cause and granted Strike 3 Holdings’ motion. It authorized subpoenas seeking the defendant’s true name and address, including from later-identified internet service providers. The providers must notify the subscriber, preserve the information, and allow 30 days to challenge the subpoena.
Judge Jeffrey S. White also limited use of the disclosed information to protecting Strike 3 Holdings’ rights under the Copyright Act and required personal identifying information to be filed under seal. The order is a discovery ruling, not a decision on liability.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.188.24.75 · No. 4:21-cv-09102
- Jeffrey White
- Jan. 3, 2022
Background
Strike 3 Holdings, LLC moved ex parte—without advance notice to the opposing party—for permission to serve a subpoena before the parties’ Rule 26(f) conference. The subpoena sought information identifying the defendant associated with IP address 67.188.24.75.
Ruling
The court found that Strike 3 Holdings had shown good cause and granted the motion. It authorized Strike 3 Holdings to serve Comcast Cable Communications, Inc., identified as the initial internet service provider, with a subpoena under Federal Rule of Civil Procedure 45. The subpoena may request only the defendant’s true name and address and must include a copy of the order.
The court also authorized a similar subpoena to any service provider identified in response as providing internet service to the defendant. The subpoenas were deemed court orders authorizing disclosure under 47 U.S.C. § 551.
Notice and Challenges
Each provider has 30 days after service to notify the subscriber whose identifying information is sought by providing copies of the subpoena and order. Each subscriber and provider then has 30 days after service 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 providers must preserve the subpoenaed information while awaiting production or resolution of a timely motion to quash. Any information disclosed may be used only to protect Strike 3 Holdings’ rights under the Copyright Act. Documents containing a current or proposed defendant’s name or other personal identifying information must be filed under seal, following the court’s local filing procedure.
Effect of the Order
The order authorizes discovery to identify the defendant; it does not decide whether the defendant infringed copyright or impose liability. The court ordered that the existing caption, including the assigned IP address, continue to be used in public filings.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.