Strike 3 Holdings, LLC v. Doe subscriber assigned IP address 68.112.153.102

Background

Strike 3 Holdings, LLC owns adult motion pictures protected by copyright. It alleged that infringing transactions involving its copyrighted works came from IP address 68.112.153.102. On October 25, 2023, Strike 3 sued the subscriber assigned that address as an unknown John Doe defendant.

On December 6, 2023, the court allowed Strike 3 to serve a subpoena on Comcast Cable, the internet service provider, to learn the subscriber’s identity. Strike 3 later determined the identity of the person using the IP address. The person had not been served and, under the court’s discussion, was not yet officially a party to the case.

Motion

Strike 3 filed an amended complaint and proposed summons under seal, along with public redacted versions. It then moved to keep those documents sealed temporarily, to file any proof of service or waiver of service under seal temporarily, and to keep the case caption using a John Doe pseudonym temporarily.

Strike 3 took no position on whether permanent sealing or pseudonymous litigation should be allowed. It supported a temporary approach so the identified defendant could appear and be heard about any privacy interest before the court decided whether those protections were appropriate. The court noted that the allegations involved sensitive matters and that the person using the IP address could possibly be a juvenile.

Court’s analysis

The court recognized a common-law right of public access to judicial records but explained that the right is not absolute. Courts must balance public access against legitimate interests in keeping information confidential. The court also noted that pseudonyms may be appropriate when litigation would require disclosure of highly intimate or sensitive personal information.

Because the defendant had not yet appeared and therefore had not had an opportunity to assert privacy interests, the court found good cause for temporary sealing and temporary use of a pseudonym. At this stage, the court concluded that the defendant’s interest in confidentiality outweighed the public interest in access to the information.

Disposition

Judge Dulce J. Foster granted Strike 3’s motion. The amended complaint, proposed summons, and any future proof of service or waiver of service must be filed under seal and remain under seal until further order of the court. The clerk must maintain the case caption with a John Doe pseudonym until further order. The order did not decide whether permanent sealing or continued pseudonymous litigation would be appropriate after the defendant appeared and had an opportunity to be heard.