Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.6.131.213
- Laurel Beeler
- 3:23-cv-06035
- U.S. District Court · Northern District of California
- 8
In Strike 3 Holdings v. John Doe, Judge Beeler authorized a subpoena to identify the internet subscriber accused of copyright infringement.
Strike 3 Holdings, LLC may seek the unidentified defendant’s name and addresses from Comcast Cable. The Doe defendant may challenge the subpoena within the specified 30-day period, and Comcast must preserve and handle the information under the order’s conditions.
What happened
Strike 3 Holdings, LLC sued an unidentified defendant linked to IP address 24.6.131.213, alleging that the person used BitTorrent to download and distribute its copyrighted adult movies. Strike 3 asked to subpoena Comcast Cable, the internet service provider, for the subscriber’s name and address.
The court found that Strike 3 showed good cause for early discovery. It concluded that Strike 3 had identified a potentially real defendant, described its efforts to identify that person, stated a copyright claim that could withstand a motion to dismiss, and showed that Comcast was reasonably likely to have identifying information. The court granted Strike 3’s ex parte motion for expedited discovery.
Judge Laurel Beeler authorized Strike 3 to serve Comcast with a subpoena for the Doe defendant’s true name and addresses. The order gives the Doe defendant 30 days after receiving notice to challenge the subpoena and temporarily restricts public disclosure of the information, which Strike 3 may use only to protect its rights in the lawsuit.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.6.131.213 · No. 3:23-cv-06035
- Laurel Beeler
- Dec. 22, 2023
Background
Strike 3 Holdings, LLC alleged that the unidentified defendant associated with Comcast Cable IP address 24.6.131.213 used BitTorrent to download and distribute 57 of Strike 3’s copyrighted adult motion pictures. Strike 3 said it owned the copyrights, had detected downloads from the IP address using its VXN Scan system, and had traced the downloads to a physical address in the Northern District of California. The complaint asserted one claim for copyright infringement under the Copyright Act.
Strike 3 could not identify the individual associated with the IP address. It filed an ex parte application for permission to serve Comcast with a Federal Rule of Civil Procedure 45 subpoena seeking only the name and address of the individual or individuals associated with the IP address.
Analysis
The court applied the good-cause standard generally used for early discovery before the parties’ required Rule 26(f) conference. It considered whether Strike 3 had: (1) identified the Doe defendant with enough specificity to show that the defendant was a real person who could be sued in federal court; (2) described its efforts to locate and identify the defendant; (3) shown that its claim could withstand a motion to dismiss; and (4) shown that the requested discovery was reasonably likely to produce information allowing service of process.
The court found that Strike 3 satisfied all four factors. It concluded that the allegations about directing a BitTorrent client to download and distribute the movies sufficiently identified a likely adult defendant, although that person could be the primary subscriber or someone who lived with and was known to the subscriber. The court found that Strike 3 had explained why the IP address alone was insufficient to identify the defendant. It also found that Strike 3 had sufficiently alleged a basic copyright-infringement claim by alleging ownership of the movies and unauthorized copying and distribution. Finally, the court accepted Strike 3’s allegation that Comcast could identify the defendant through the IP address.
Protective Order
Because the subscriber might not be the person who infringed the copyrights and because the allegations involved sensitive personal matters, the court issued a limited protective order. Information Comcast released to Strike 3 must remain confidential 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 file such a request within 30 days after the information is disclosed to Strike 3’s counsel, the limited protection expires. The order also allows identifying information in an anonymity request to be filed under seal.
Disposition
The court GRANTED Strike 3’s ex parte motion for expedited discovery. Strike 3 may immediately serve Comcast with a Rule 45 subpoena, accompanied by the court’s order, 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 receiving notice to file a motion contesting the subpoena, including a motion to quash or modify it. If no timely challenge is filed, Comcast has 10 days to produce the requested information. Any information disclosed may be used only to protect Strike 3’s rights stated in the complaint.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.