Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.210.105.78
- Edward Chen
- 3:24-cv-01802
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Chen granted early subpoena discovery to identify the subscriber accused of copyright infringement.
Strike 3 Holdings, LLC may seek John Doe’s identifying information from Comcast Cable and potentially other internet service providers. John Doe is entitled to the notice and confidentiality protections described in the order, and the subpoenaed providers must preserve the information if a timely motion to dismiss is filed.
What happened
Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 98.210.105.78 concerns Strike 3’s claim that John Doe used BitTorrent to infringe 24 of its adult motion pictures. Strike 3 asked to subpoena the internet service provider before the parties held their usual discovery-planning conference.
The court found good cause for early discovery and allowed Strike 3 to subpoena Comcast Cable for John Doe’s true name and address. The order also permits subpoenas to later-identified internet providers, but requires notice to John Doe, limits use and public disclosure of the information, and requires providers to preserve the information if a timely motion to dismiss is filed.
Judge Edward M. Chen granted Strike 3’s application and disposed of Docket No. 8. The order did not prevent John Doe from seeking dismissal and did not prejudge any such motion.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 98.210.105.78 · No. 3:24-cv-01802
- Edward Chen
- Apr. 18, 2024
Background
Strike 3 Holdings, LLC sued John Doe for copyright infringement. According to the complaint, John Doe infringed 24 of Strike 3’s adult motion pictures using the BitTorrent protocol. Because Strike 3 identified the defendant only through an internet-protocol address, it sought permission to serve a third-party subpoena before the parties’ Rule 26(f) conference, the meeting generally used to plan discovery.
Court’s Analysis
After reviewing the application, supporting declarations, and complaint, the court found that Strike 3 had sufficiently established its entitlement to the requested early discovery. The discovery was intended to determine John Doe’s true name and address. The court endorsed and followed a prior related proceeding’s approach. It also noted that authorizing discovery did not prevent John Doe from filing a motion to dismiss for failure to state a claim and did not prejudge such a motion.
Order
The court granted Strike 3’s application and found good cause to serve a third-party subpoena on Comcast Cable. Strike 3 may serve a subpoena under Federal Rule of Civil Procedure 45 requiring Comcast to provide the true name and address of the subscriber assigned the internet-protocol address identified in the complaint’s Exhibit A. Strike 3 must attach this order and the cited prior decision to the subpoena.
The order also permits Strike 3 to serve the same type of subpoena on another internet service provider identified through the discovery as providing internet service to John Doe. If the provider qualifies as a cable operator under 47 U.S.C. § 522(5), it must send John Doe a copy of the order under 47 U.S.C. § 551(c)(2)(B). Strike 3 must also ask the provider to forward the order to John Doe whether or not the provider qualifies as a cable operator. If the provider declines, Strike 3 must serve John Doe with the order before or at the same time as any other service or communication to Strike 3, subject to the filing and affidavit requirements stated in the order.
Strike 3 may use information obtained through the subpoena only to protect and enforce the rights asserted in its complaint. It may not publicly disclose the information without the court’s permission at least until John Doe has had an opportunity to seek permission to proceed anonymously or further discovery has occurred. Strike 3 must first file an affidavit confirming that it proposed confidentiality to John Doe and must include the relevant communications about that proposal. Comcast and any other subpoenaed provider must preserve the subpoenaed information while any timely motion to dismiss is pending. Judge Edward M. Chen stated that the order disposes of Docket No. 8.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.