Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.47.46.165
- Edward Davila
- 5:24-cv-00989
- U.S. District Court · Northern District of California
- 7
In Strike 3 Holdings v. John Doe, Judge Davila authorized a subpoena to identify the alleged BitTorrent user while protecting that person’s identity.
Strike 3 may seek the unknown subscriber’s name and address from Comcast or another identified internet provider. The subscriber receives notice and an opportunity to challenge the subpoena, and the subscriber’s identifying information is protected from public disclosure unless the court orders otherwise.
What happened
Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 98.47.46.165 concerns Strike 3’s request to identify an unknown person accused of downloading and distributing its copyrighted adult films through BitTorrent. Strike 3 asked to subpoena Comcast Cable for the subscriber’s name and address.
The court found good cause for early discovery because Strike 3 had identified a specific internet address, described its efforts to locate the user, alleged a copyright claim that could proceed past a dismissal request, and showed that Comcast was likely to have identifying information. The court did not decide whether the unknown subscriber infringed Strike 3’s copyrights.
Judge Edward J. Davila granted Strike 3’s application subject to conditions. The internet provider must notify the subscriber, who may challenge the subpoena or ask to proceed anonymously within 30 days. The subscriber’s identity must remain protected, and Strike 3 may not publicly disclose the information without the court’s permission.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.47.46.165 · No. 5:24-cv-00989
- Edward Davila
- Mar. 29, 2024
Background
Strike 3 Holdings, LLC sued an unknown defendant identified in the caption by the internet address 98.47.46.165. The complaint asserted one claim for direct copyright infringement and sought an injunction and statutory damages. Strike 3 alleged that the defendant used BitTorrent to download and distribute about 24 of Strike 3’s copyrighted adult films.
Strike 3 asked for permission to serve a Federal Rule of Civil Procedure 45 subpoena on nonparty Comcast Cable. The subpoena would seek the name and address associated with the internet address. The order describes Strike 3’s history of filing similar lawsuits and notes concerns that internet-service subscribers may be pressured to settle before learning whether they were the people who engaged in the alleged activity.
Early-Discovery Standard
The court applied the good-cause standard used for early discovery before the parties’ usual initial conference. It considered whether Strike 3: identified a real person who could be sued in federal court; described its efforts to locate and identify that person; showed that the complaint could withstand a motion to dismiss; and demonstrated that the subpoena was reasonably likely to produce information allowing service of process.
The court found that Strike 3 satisfied all four factors. It relied on allegations that BitTorrent activity requires a human user, Strike 3’s use of location and infringement-detection technology, its additional searches and consultations with computer investigators and cybersecurity experts, and its allegations that Strike 3 owns the copyrights and that the defendant violated copyright owners’ exclusive rights. The court also accepted Strike 3’s representation that the internet service provider was the entity able to match the internet address to the subscriber’s identity.
Protective Measures
Although the court authorized the subpoena, it ordered protections for a potentially innocent or unaware subscriber. Personal information produced by Comcast must be treated as confidential. The unknown defendant may ask to proceed under a pseudonym and may request that identifying information be filed under seal. References to the defendant’s identity must remain redacted and under seal until further order.
Ruling and Conditions
Judge Edward J. Davila granted Strike 3’s application for permission to serve the subpoena. Strike 3 may subpoena Comcast for the defendant’s true name and address and may serve another internet provider identified through that subpoena. The provider must serve the subscriber with the subpoena and the order within 30 days after being served.
The subscriber may file a motion contesting, quashing, or modifying the subpoena within 30 days after receiving it. If the subscriber does not challenge the subpoena within that period, the provider may produce responsive information within 10 days. Strike 3 may use the information only to protect and enforce the rights asserted in its complaint and may not publicly disclose it without the court’s permission. The provider must preserve subpoenaed information while any timely motion to dismiss is resolved. The order authorized discovery; it did not determine whether the subscriber committed copyright infringement.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.