Doe

I. BACKGROUND

22 On April 8, 2022, Plaintiff filed its Complaint against Defendant John Doe 23 subscriber assigned Internet Protocol (“IP”) address 24.165.82.242 (“Doe Defendant”) for 24 copyright infringement. (ECF No. 1.) On April 29, 2022, Plaintiff filed an Ex Parte 25 Application seeking leave to serve a third-party subpoena to ascertain the identity of the 26 Doe Defendant. (ECF No. 4.) 27 In its Complaint, Plaintiff asserted that Defendant is liable for direct copyright 28 infringement. (ECF No. 1 at 7–9.) Plaintiff alleged it owns the copyrights for movies it distributes through adult websites and DVD sales. (Id. at 1–4.) Plaintiff alleged 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 5–7; ECF No. 4-1 at 7.) As it can only identify the Doe Defendant by the IP address used, Plaintiff requested permission to serve a Federal Rule of Civil Procedure 45 subpoena on…