Doe
Strike 3 Holdings, LLC v. Doe
Opinion
Trial Court Opinion
I. BACKGROUND
21 On November 20, 2023, plaintiff filed a Complaint against defendant John Doe 22 subscriber assigned IP address 24.25.219.94, asserting a single claim for direct copyright 23 infringement. Doc. No. 1. Plaintiff alleges it is the owner of certain adult-content films and 24 that defendant “is committing rampant and wholesale copyright infringement” by 25 downloading and distributing 68 of plaintiff’s works without plaintiff’s authorization, 26 permission, or consent. Id. at ¶¶ 1-4, 48-53. Defendant’s name and address are unknown 27 to plaintiff, who can identify defendant only by their IP address: 24.25.219.94. Id. at ¶ 13; 28 Doc. No. 4-1 at 17. This IP address was used to “upload a piece or pieces of [plaintiff’s copyright protected] file” as recently as November 15, 2023. Doc. No. 4-2 at 20. Using geolocation technology, plaintiff has identified Spectrum, an internet service provider (“ISP”), as the owner of defendant’s IP address. Doc. No. 4-1 at 17. Plaintiff seeks the Court’s leave to serve a subpoena pursuant to Federal Rule of Civil Procedure 45 on Spectrum to learn defendant’s “true name and address.” Id. at 7-8. Plaintiff…