Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.6.63.42
- Edward Davila
- 5:23-cv-06685
- U.S. District Court · Northern District of California
- 8
In Strike 3 Holdings v. John Doe Subscriber, Judge Davila granted leave to subpoena Comcast for an unknown defendant’s identity, with privacy protections.
Strike 3 Holdings may seek the subscriber’s name and address from Comcast Cable or another identified Internet service provider. The Doe subscriber may challenge or modify the subpoena and may seek to proceed anonymously. Comcast and any other subpoenaed provider must give notice, preserve the information, and follow the order’s disclosure and cost-related conditions.
What happened
Strike 3 Holdings, LLC sued an unknown person, identified by Internet address 24.6.63.42, alleging that the person used BitTorrent to download and distribute 28 copyrighted adult films. Strike 3 asked to obtain the subscriber’s identity from Comcast Cable before the usual early case-management conference.
The court found that Strike 3 showed good cause for this early discovery. It concluded that the allegations identified a potentially real defendant, described efforts to identify that person, plausibly stated a copyright-infringement claim, and showed that Comcast was likely to have information needed to serve the defendant.
Judge Edward J. Davila granted Strike 3’s application and allowed a subpoena seeking the defendant’s name and address. The order requires notice to the subscriber, allows the subscriber to challenge the subpoena or proceed anonymously, and protects the identity information from public disclosure unless the court allows it.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 24.6.63.42 · No. 5:23-cv-06685
- Edward Davila
- Mar. 21, 2024
Background
Strike 3 Holdings, LLC brought one claim for direct copyright infringement against an unknown individual. The complaint alleges that the individual used BitTorrent to download and distribute 28 motion pictures whose copyrights Strike 3 owns. Strike 3’s infringement-detection system allegedly identified Internet Protocol (IP) address 24.6.63.42. Strike 3 asked for permission to serve a subpoena on Comcast Cable before the parties’ required Rule 26(f) conference so it could learn the subscriber’s name and address and serve the defendant.
The court discussed concerns raised in other cases about Strike 3’s large number of similar lawsuits and the possibility that an Internet-service subscriber may not be the person who allegedly infringed the copyrights. The court noted that subscribers may face pressure to settle because of the embarrassment and expense associated with being identified in such a lawsuit. It therefore considered privacy protections while deciding whether to allow the subpoena.
Good Cause for Early Discovery
Under Federal Rule of Civil Procedure 26(d), a court may allow discovery before the Rule 26(f) conference when appropriate. Courts in the Ninth Circuit generally require “good cause,” meaning that the need for early discovery, viewed against possible prejudice, justifies allowing it. The court applied four factors:
- Specific identification: Strike 3 identified the Doe Defendant by the IP address and alleged that BitTorrent activity requires a human user. Strike 3 also used geolocation technology to trace the address to a physical location within the district.
- Identification efforts: Strike 3 described its use of infringement-detection and geolocation technology, web-search tools, computer investigators, and cybersecurity experts.
- Ability to withstand dismissal: The court found that the complaint may withstand a motion to dismiss. Accepting the allegations as true for this preliminary purpose, Strike 3 alleged ownership of the copyrights and unauthorized downloading, copying, and distribution of the films.
- Likelihood of useful information: The court found that the requested information—the defendant’s name and address—was reasonably likely to permit service of process because the Internet service provider could match the IP address to its subscriber.
The court concluded that Strike 3 satisfied all four factors and had shown good cause for expedited discovery. This finding allowed Strike 3 to seek identifying information; it did not decide whether the Doe Defendant actually infringed Strike 3’s copyrights.
Protective Measures and Disposition
The court also entered limited protective measures to reduce possible prejudice to a potentially innocent or unwitting subscriber. It ordered that personal information Comcast produces about the Doe Defendant be treated as confidential. The Doe Defendant may ask to continue proceeding anonymously and may request that identifying information be filed under seal.
The court GRANTED Strike 3’s application. Strike 3 may serve a Federal Rule of Civil Procedure 45 subpoena on Comcast Cable seeking the Doe Defendant’s true name and address, and it must attach the order. If another Internet service provider is identified, Strike 3 may serve that provider in the same manner. If the provider is a qualifying cable operator, it must send the subscriber a copy of the order.
Within 30 days after being served by Strike 3, the provider must serve the subscriber with the subpoena and the order. Within 30 days after receiving them, the subscriber may challenge the subpoena, including by moving to quash or modify it, and may ask to proceed under a pseudonym. If the subscriber does not challenge the subpoena within that period, the provider may produce the responsive information within 10 days.
Strike 3 may use the disclosed information only to protect and enforce the rights asserted in the complaint. It may not publicly disclose the information without the court’s permission, and references to the Doe Defendant’s identity must be redacted and filed under seal until further notice. The provider must preserve subpoenaed information while any timely motion to dismiss is pending.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.