Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.45.75.178
- Virginia Demarchi
- 5:22-cv-02232
- U.S. District Court · Northern District of California
- 2
In Strike 3 Holdings v. John Doe, Judge Demarchi allowed early subpoena discovery to identify the subscriber behind an IP address.
Strike 3 Holdings may obtain limited discovery from Comcast to identify the subscriber assigned IP address 98.45.75.178. Comcast must notify the subscriber and may object or seek a protective order. The unidentified subscriber’s information receives limited disclosure protection.
What happened
Strike 3 Holdings, LLC sued the unidentified subscriber assigned IP address 98.45.75.178 and asked to subpoena Comcast before the parties’ required initial conference.
The court granted Strike 3’s request to serve Comcast with a subpoena seeking the subscriber’s true name and address. Comcast must notify the subscriber, may object or seek a protective order, and any information provided may be used only to protect and enforce Strike 3’s rights in the lawsuit.
Judge Virginia Demarchi said Strike 3 showed good cause for the early discovery, but the order allowed identification of the subscriber and did not decide whether copyright infringement occurred.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.45.75.178 · No. 5:22-cv-02232
- Virginia Demarchi
- May 6, 2022
Background
Strike 3 Holdings, LLC asked for permission to serve a third-party subpoena on Comcast Cable before the parties held the conference normally required by Federal Rule of Civil Procedure 26(f). Comcast was identified as the internet service provider for the subscriber assigned IP address 98.45.75.178.
Court’s analysis
The court found good cause for early discovery. It stated that Strike 3 had shown that it could identify a real person or entity who could be sued in federal court, had taken earlier steps to locate the unidentified defendant, had an action that could withstand a motion to dismiss, and had a reasonable likelihood of identifying the defendant through discovery so that service could occur. The court also stated that Strike 3 had satisfied the copyright-registration requirement under 17 U.S.C. § 411(a).
The court recognized that simply alleging that someone was the registered subscriber of an internet protocol address associated with infringing activity is not enough by itself to state a plausible copyright-infringement claim. But, based on the record at this stage, the court concluded that Strike 3 could use limited discovery to determine the defendant’s identity. The order did not decide whether the subscriber infringed copyright.
Order
The court granted Strike 3’s application. Strike 3 may serve Comcast with a subpoena under Rule 45 requiring Comcast to provide the subscriber’s true name and address, and Strike 3 must attach the order to the subpoena.
Comcast must serve the subscriber with copies of the subpoena and order within 30 days after the subpoena is served on Comcast. Comcast may use any reasonable method, including first-class mail or overnight service to the subscriber’s last known address. Strike 3 may use the disclosed information only to protect and enforce the rights described in its 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 it without the subscriber’s consent or permission from the court. Judge Virginia K. Demarchi entered the order on May 6, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.