Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.4.179.224

Background

Strike 3 Holdings, LLC alleged that an unidentified person using Comcast Cable IP address 24.4.179.224 downloaded and distributed 30 of Strike 3’s copyrighted adult motion pictures through BitTorrent. Strike 3 said its detection system established connections with the IP address, downloaded files from the address, and matched the files using BitTorrent data. Strike 3 alleged that it owned the copyrights and had not authorized distribution.

Strike 3 filed one copyright-infringement claim against the unidentified defendant. It then asked for permission to serve Comcast, a non-party internet service provider, with a subpoena seeking the true name and addresses associated with the IP address.

Reasoning

The court applied the good-cause standard generally used for early discovery before the parties’ required initial conference. It examined whether Strike 3 had: (1) identified a real, suable person with enough specificity; (2) described its efforts to identify that person; (3) shown that its copyright claim could survive a motion to dismiss; and (4) shown that the requested discovery was reasonably likely to produce information permitting service of process.

The court found that Strike 3 made a sufficient showing on all four factors. The allegations identified a person who allegedly directed a BitTorrent client to download and distribute the movies, and the alleged activity had been traced to the Northern District of California. The court also concluded that Strike 3 had sufficiently alleged a basic copyright-infringement claim by alleging copyright ownership and unauthorized copying and distribution. Finally, the court accepted Strike 3’s allegation that Comcast could identify the person associated with the IP address.

Order

The court granted Strike 3’s application for expedited discovery. Strike 3 may immediately serve Comcast with a Federal Rule of Civil Procedure 45 subpoena seeking the Doe defendant’s true name and addresses, and it must attach the order to the subpoena.

Comcast must serve the Doe defendant with the subpoena and order within 30 days after service on Comcast. The Doe defendant then has 30 days after service 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 produce the responsive information. Comcast must preserve the information while any timely motion to quash is pending, and it may not charge production costs in advance.

The court also entered a limited protective order because the subscriber might not be the person who allegedly infringed the copyrights and because the allegations involved sensitive personal matters. Strike 3 may not publicly disclose information Comcast provides until the Doe defendant has an opportunity to ask to proceed anonymously and the court rules on that request. Any identifying information included in such a request may be filed under seal. The disclosed information may be used only to protect Strike 3’s rights described in the complaint.

Judge Laurel Beeler’s order concerned discovery and confidentiality. It did not determine whether the Doe defendant actually infringed Strike 3’s copyrights.