Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.186.170.15

Summary

The United States District Court for the District of Massachusetts grants Strike 3 Holdings, LLC leave to serve Comcast Cable Communications, LLC with a Rule 45 subpoena seeking the name and address associated with an allegedly infringing IP address. The court finds good cause under Rule 26(d) and concludes that the relevant factors favor early third-party discovery. The order imposes notice, objection, timing, and privacy restrictions on the subpoena process.

Holdings

1. A plaintiff seeking discovery before the Rule 26(f) conference must show good cause, and Strike 3 satisfied that requirement by demonstrating a prima facie copyright-infringement claim and a need to identify the anonymous defendant.
2. Strike 3 made a concrete showing of a prima facie claim of actionable copyright infringement.
3. The subpoena may require Comcast to disclose only the name and address of the subscriber associated with IP address 73.186.170.15, subject to notice and an opportunity to contest the subpoena.

Questions Presented

1. Whether Strike 3 demonstrated good cause for expedited discovery before the Rule 26(f) conference.
2. Whether Strike 3 satisfied the five-factor test governing a preconference subpoena to identify an anonymous copyright-infringement defendant.
3. What restrictions were necessary to protect the Doe subscriber's privacy interests while allowing the subpoena to issue.

Disposition

other