Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 69.181.120.247

I. BACKGROUND

4 In the complaint in this case, Strike 3 alleges that Defendant used BitTorrent—a 5 system designed to quickly distribute large files over the internet—to download, copy, and 6 distribute 35 digital media files (the “works”) that are similar or substantially similar to 7 copyrighted works owned by Strike 3, thereby infringing Strike 3’s copyright. See Am. 8 Compl. (dkt. 12) ¶¶ 4, 34–35, 43. Through its infringement detection system, VXN Scan, 9 Strike 3 identified the IP address of the person downloading and distributing the works as 10 IP address 69.181.120.247. Id. ¶¶ 27–33. 11 Strike 3 then sought, and the Court granted, leave to serve a subpoena on 12 Defendant’s internet service provider to obtain the identity of the subscriber associated 13 with the IP address. See dkts. 7–8. Pursuant to the subpoena, the ISP disclosed the 14 subscriber’s identity to Strike 3. See Am. Compl. ¶¶ 5. Strike 3 indicates that the 15 Defendant named in the sealed amended complaint in this case is the infringer. Id. ¶ 6. In 16 its declaration in support of its motion for default judgment, Strike 3 states that it 17 determined that the subscriber was the infringer through…