Doe

I. BACKGROUND

25 On January 12, 2021, Plaintiff filed its Complaint against Defendant John Doe 26 subscriber assigned Internet Protocol (“IP”) address 99.74.219.118 (“Doe Defendant”) for 27 copyright infringement. (ECF No. 1.) On January 27, 2021, Plaintiff filed an Ex Parte 28 Application seeking leave to serve a third-party subpoena to ascertain the identity of the Doe Defendant. (ECF No. 4.) In its Complaint, Plaintiff asserts that Defendant is liable for direct copyright infringement. (ECF No. 1 at 7–8.) Plaintiff alleges it owns the copyrights for movies it distributes through adult websites and DVD sales. (Id. at 1–4.) Plaintiff alleges Doe Defendant used BitTorrent, a peer-to-peer file sharing system, to copy and distribute its movies without consent. (Id. at 4–7.) As discussed further below, to identify the IP address that was illegally distributing its works, Plaintiff utilized its proprietary forensic software, VXN Scan (“VXN”). (Id. at 5–6; ECF No. 4-1 at 7.) As it can only identify the Doe Defendant by the IP address used, Plaintiff requests permission to serve a Federal Rule of Civil Procedure 45…