Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.33.82.105

Background

Strike 3 Holdings, LLC alleged that the person using Comcast Cable IP address 98.33.82.105 downloaded and distributed 30 of Strike 3’s copyrighted adult motion pictures through BitTorrent. Strike 3 said its detection system established direct connections with the IP address, downloaded files containing copies of its movies, and confirmed the files using BitTorrent’s identifying data. Strike 3 also said geolocation technology traced the downloads to a physical address in the Northern District of California.

Strike 3 filed one copyright-infringement claim against the unidentified defendant. Because Strike 3 could not determine the individual’s identity from the IP address, it applied for permission to serve Comcast 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

Federal Rule of Civil Procedure 26(d) allows a court to authorize discovery before the parties’ initial discovery conference when appropriate. Courts generally require a showing of “good cause,” meaning that the need for early discovery outweighs potential prejudice to the responding party.

The court applied four factors for identifying an unknown defendant through early discovery: whether the plaintiff identified a real person who could be sued in federal court; whether the plaintiff described its efforts to locate the person; whether the complaint could withstand a motion to dismiss; and whether the requested discovery was reasonably likely to produce information allowing service of process.

Analysis

The court found that Strike 3 satisfied all four factors. Strike 3’s allegations identified an apparent adult who directed a BitTorrent client to download the movies. The court also found that tracing the activity to the Northern District of California supported jurisdiction over the defendant and Strike 3’s federal claim.

The court found that Strike 3 had described its efforts to identify the defendant and that the IP address alone was not enough to do so. It further held that Strike 3 had adequately alleged a preliminary copyright-infringement claim because it alleged ownership of the movies and alleged that the defendant copied and distributed them without permission. Finally, the court found that Comcast could likely identify the person associated with the IP address.

Protective order

The court issued a limited protective order because the subscriber might not be the person who infringed the copyrights and because the allegations involved sensitive personal matters. Information Comcast released to Strike 3 could not be publicly disclosed until John Doe had an opportunity to ask to proceed anonymously and the court ruled on that request. If John Doe did not file such a request within 30 days after the information was disclosed to Strike 3’s counsel, the limited protection would expire. Any identifying information included in a request to proceed anonymously could be filed under seal while the court considered the request.

Disposition

The court granted Strike 3’s ex parte motion for expedited discovery. Strike 3 could immediately serve Comcast with a Rule 45 subpoena, accompanied by the order, seeking John Doe’s true name and addresses. Comcast had 30 days after service to notify John Doe. John Doe then had 30 days after service to contest the subpoena, including by seeking to quash or modify it. If no timely challenge was filed, Comcast would have 10 days to produce the responsive information.

The subpoenaed entity had to preserve the information while any timely challenge was pending. The information could be used only to protect Strike 3’s rights described in its complaint. The order authorized discovery and protective measures; it did not determine whether John Doe infringed Strike 3’s copyrights.