Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.222.177.8
- Joseph Spero
- 3:24-cv-02495
- U.S. District Court · Northern District of California
- 3
In Strike 3 Holdings v. John Doe, Judge Spero authorized early subpoenas to identify the subscriber linked to an IP address, with notice and challenge protections.
Strike 3 Holdings, the John Doe subscriber assigned IP address 73.222.177.8, Comcast, and any other identified Internet service providers.
What happened
In Strike 3 Holdings, LLC v. John Doe Subscriber Assigned IP Address 73.222.177.8, Strike 3 asked for permission to subpoena Comcast before the parties’ required early meeting about the case. Strike 3 said the subpoena was needed to learn the defendant’s true name and address.
The court found good cause and authorized Strike 3 to subpoena Comcast for that information. The order also allows subpoenas to other internet providers identified in response. Each provider must notify affected subscribers, who may challenge or seek to change the subpoena within 30 days.
Judge Joseph C. Spero issued the order on June 3, 2024. The order does not decide whether the defendant infringed copyright; it sets procedures for identifying the defendant and limits any disclosed information to protecting Strike 3’s rights under the Copyright Act.
The detailed version
- Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.222.177.8 · No. 3:24-cv-02495
- Joseph Spero
- June 3, 2024
Background
Strike 3 Holdings, LLC asked the court for permission to serve a third-party subpoena before the parties’ Rule 26(f) conference. A third-party subpoena is a court-authorized demand for information from someone who is not a party to the case. Strike 3 sought information from Comcast Cable Communications, LLC about the subscriber assigned Internet Protocol address 73.222.177.8.
Ruling
The court found that Strike 3 had shown good cause and authorized it to serve Comcast with a subpoena under Federal Rule of Civil Procedure 45. The subpoena may require Comcast to provide the defendant’s true name and address. Strike 3 must attach a copy of the order to the subpoena.
The order also permits Strike 3 to serve a similar subpoena on any Internet service provider identified in response to a subpoena as providing Internet services to the defendant. The order treats the authorized subpoenas as court orders allowing disclosure under 47 U.S.C. § 551, provided the subscriber receives notice.
Notice and Challenges
Each Internet service provider has 30 days after being served to give each affected subscriber a copy of the subpoena and this order. Each subscriber and provider then has 30 days after service on that person or entity to file a motion challenging the subpoena, including a motion to cancel or modify it.
If no timely challenge is filed after service on the subscriber, the provider has 10 days to produce the responsive information to Strike 3. Providers must preserve the subpoenaed information while awaiting production or the final resolution of a timely challenge.
Limits on Disclosure
Strike 3 may use information disclosed in response to a subpoena only to protect its rights under the Copyright Act. The order also requires filings concerning any current or proposed defendant to be filed under seal and not otherwise disclosed.
Effect of the Order
The court authorized an early discovery process to identify the defendant associated with the specified IP address. The order did not decide whether the defendant infringed copyright or resolve the underlying case.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.