Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.252.130.71
3:25-cv-02288
N.D. Cal.Jun 13, 2025Background
- Strike 3 Holdings, LLC alleges copyright infringement against an unidentified individual (John Doe) associated with IP address 73.252.130.71.
- Strike 3 claims that Doe used BitTorrent to download and distribute Strike 3’s copyrighted adult films without authorization.
- Identification of Doe is only possible via Comcast, the ISP which can link the IP address to a real person.
- Plaintiff used technical investigation and geolocation tools to trace the infringement to the Northern District of California.
- Strike 3 filed an ex parte application for early discovery prior to the Rule 26(f) conference, seeking a subpoena for Comcast to disclose Doe’s identity.
- Due to the sensitive nature of the allegations, the Court considered privacy concerns for the subscriber identified by Comcast.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to allow early subpoena to Comcast | Need for identity to pursue the copyright claim; good cause | No opposition filed | Granted; good cause for early, limited subpoena |
| Sufficiency of Strike 3’s copyright claim | Sufficiently pleads copyright ownership and infringement | No opposition filed | Complaint could withstand motion to dismiss |
| Appropriateness of protective order | Supports confidentiality to protect privacy | No opposition filed | Protective order issued for sensitive info |
| Breadth of discovery request | Subpoena is narrow, only seeks essential subscriber info | No opposition filed | Request found limited, not unduly burdensome |
Key Cases Cited
- Crawford-El v. Britton, 523 U.S. 574 (U.S. 1998) (establishes broad discretion for courts to tailor discovery.)
- Brand X Internet Servs., 545 U.S. 967 (U.S. 2005) (discusses how ISPs assign and manage IP addresses.)
- Forrester, 512 F.3d 500 (9th Cir. 2008) (explains the significance of IP addresses in identifying computers online.)
- Gillespie v. Civiletti, 629 F.2d 637 (9th Cir. 1980) (permits early discovery to identify unnamed defendants.)
- Wakefield v. Thompson, 177 F.3d 1160 (9th Cir. 1999) (endorses use of early discovery to ascertain defendant identity.)
- Bell v. Wilmott Storage Servs., LLC, 12 F.4th 1065 (9th Cir. 2021) (states the required elements for copyright infringement claim.)
- Perfect 10, Inc. v. Giganews, Inc., 847 F.3d 657 (9th Cir. 2017) (addresses volitional conduct in infringement actions.)
- Fahmy v. Jay-Z, 908 F.3d 383 (9th Cir. 2018) (explains exclusive rights under Copyright Act.)