Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.164.34.42
- Laurel Beeler
- 3:23-cv-02535
- U.S. District Court · Northern District of California
- 8
In Strike 3 Holdings v. John Doe, Judge Beeler allowed early discovery from Comcast to identify the person linked to the alleged copyright infringement.
Strike 3 Holdings may seek the Doe defendant’s name and addresses from Comcast through a Rule 45 subpoena. Comcast must notify the Doe defendant and preserve responsive information, while the Doe defendant may challenge the subpoena and seek to proceed anonymously.
What happened
Strike 3 Holdings, LLC sued John Doe subscriber assigned IP address 67.164.34.42, alleging that the person using that address downloaded and distributed 33 copyrighted adult movies through BitTorrent. Strike 3 said Comcast could identify the subscriber, but the IP address alone did not reveal the person’s identity.
The court found good cause for early discovery because Strike 3 identified a specific, potentially suable person, described its efforts to identify that person, showed that its copyright claim could survive a motion to dismiss, and showed that Comcast was likely to have identifying information. The court also recognized that the subscriber might not be the actual infringer and that the allegations involved sensitive personal matters.
Judge Laurel Beeler granted Strike 3 Holdings’ request to serve Comcast with a subpoena for the Doe defendant’s name and addresses. The order limits use of the information, gives the Doe defendant an opportunity to challenge the subpoena, and keeps the information confidential while the defendant may seek permission to proceed anonymously; it does not decide whether infringement occurred.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 67.164.34.42 · No. 3:23-cv-02535
- Laurel Beeler
- June 20, 2023
Background
Strike 3 Holdings, LLC alleged that the person using Comcast Cable IP address 67.164.34.42 downloaded and distributed 33 of Strike 3’s copyrighted adult motion pictures through BitTorrent. Strike 3 said it owned the copyrights, used its VXN Scan system to connect with the IP address and download copies of the movies, and traced the downloads to a physical address in the Northern District of California. Strike 3 could not identify the individual associated with the IP address.
Strike 3 filed one copyright-infringement claim and then asked for permission to serve Comcast, a nonparty internet-service provider, with an early 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.
Court’s analysis
The court applied the good-cause standard used for early discovery before the parties’ required initial discovery conference. It found that Strike 3 satisfied all four relevant factors:
- Strike 3 identified the Doe defendant specifically enough for the court to determine that the defendant was likely a real person who could be sued in federal court.
- Strike 3 described the steps it had taken to locate and identify the defendant, including tracing the IP address.
- Strike 3 alleged enough facts for its copyright claim to withstand a motion to dismiss. The court noted that Strike 3 alleged ownership of the copyrights and unauthorized copying and distribution, which were sufficient allegations for a basic direct-infringement claim at this stage.
- Strike 3 showed that Comcast was reasonably likely to have information identifying the person associated with the IP address.
The court did not decide whether the Doe defendant actually infringed Strike 3’s copyrights. It also recognized that an internet subscriber might not be the person who committed the alleged infringement, because someone else could have used the subscriber’s connection.
Protective order and ruling
Because the subscriber might be an innocent third party and the case involved sensitive allegations about adult movies, the court entered a limited protective order. 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. If the Doe defendant does not seek anonymous treatment within 30 days after the information is disclosed to Strike 3’s counsel, the limited protective order will expire. Identifying information included in an anonymity request may be filed under seal while the court considers that request.
The court granted Strike 3 Holdings’ ex parte motion for expedited discovery. Strike 3 may immediately serve Comcast with a Rule 45 subpoena seeking the Doe defendant’s true name and addresses. Comcast must notify the Doe defendant within 30 days after service. The Doe defendant then has 30 days after being served to challenge the subpoena, including by asking the issuing court to quash or modify it. If no timely challenge is filed, Comcast has 10 days to provide the responsive information. The subpoenaed information must be preserved while any timely challenge is pending, and Strike 3 may use information disclosed in response only to protect the rights described in its complaint.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.