Strike 3 Holdings, LLC v. John Doe infringer identified as using IP address 73.231.112.197

I. BACKGROUND

1 In the sealed complaint in this case, Strike 3 alleges that Defendant used BitTorrent–a 2 system designed to quickly distribute large files over the internet–to download, copy, and 3 distribute 122 digital media files (the “Works”) that are similar or substantially similar to 4 copyrighted works owned by Strike 3, thereby infringing Strike 3’s copyright. See Dkt. 8-6 ¶¶ 17, 5 37. Through its infringement detection system, VXN Scan, Strike 3 identified the IP address of 6 the person downloading and distributing the Works as IP address 72.231.112.197. Id. ¶¶ 27-39. 7 Before filing this action, Strike 3 obtained authorization from a Florida state court to serve 8 a subpoena on the Internet Service Provider (“ISP”) that provided the relevant IP address. 9 Dkt. 26-2 ¶ 3. Pursuant to the subpoena, the ISP disclosed the subscriber’s identity to Strike 3. Id. 10 In its motion for default judgment, Strike 3 states, but does not explain, that it “then determined 11 that another person in the household besides the subscriber was the infringer.” Id. Strike 3 12 indicates that the Defendant named in the sealed complaint in this case is the person who was the 13…