Summary
The United States District Court for the Eastern District of California granted Strike 3 Holdings, LLC’s ex parte application for expedited discovery to identify the subscriber associated with an IP address allegedly used for BitTorrent copyright infringement. The court authorized a narrowly limited subpoena to the internet service provider seeking only the subscriber’s name and address, while imposing privacy protections, restricting service of process, and providing an opportunity to challenge the subpoena. The order is dated June 4, 2025.
Questions Presented
- Whether the court should permit expedited discovery before the Rule 26(f) conference to identify an anonymous copyright defendant.
- Whether the requested ISP subpoena should be limited and accompanied by safeguards protecting the privacy and procedural rights of the unidentified potential defendant.
Holdings
- A court may authorize expedited discovery before the Rule 26(f) conference when good cause exists, meaning the need for expedited discovery, considered in light of the administration of justice, outweighs prejudice to the responding party.
- The court may authorize a narrowly tailored subpoena to an ISP for the true name and address of the person or entity associated with an IP address when the plaintiff makes a prima facie claim, specifically identifies the information sought, lacks an alternative means of obtaining it, and needs it to advance the claim, provided that privacy and procedural safeguards are imposed.
- When expedited discovery is authorized to identify an anonymous defendant, the subpoena must be limited to the true name and address associated with the subject IP address, and the court may require notice, an opportunity to challenge the subpoena, restrictions on disclosure, and further court supervision before formal service.
Factual background
Strike 3 alleged that it owned copyrights in adult films and that an unidentified person using IP address 69.228.134.153 downloaded and distributed the films through BitTorrent. The plaintiff could identify the defendant only through the IP address and sought the subscriber's name and address from the internet service provider. The court recognized that an IP-address subscriber may not be the person who committed the alleged infringement and that disclosure could create embarrassment, reputational harm, or settlement pressure.
Procedural history
Strike 3 Holdings filed a copyright-infringement action against an unidentified subscriber associated with IP address 69.228.134.153. Because it could not identify or serve the defendant, plaintiff applied for expedited discovery directed to the defendant's ISP. The district court granted the application subject to privacy protections, limits on the subpoena, restrictions on service and disclosure, and specified status-report and conference procedures.