In a suit against John Doe defendant for copyright infringement arising from defendant’s alleged distribution of plaintiff’s movies via BitTorrent, plaintiff sent a subpoena to Comcast – defendant’s ISP – seeking defendant’s identify.
Defendant moved to quash the subpoena, contending that being the target of the civil action was an undue burden, because there was a substantial likelihood that plaintiff would be unable to establish that defendant was actually the person responsible for the alleged infringement. Defendant also included a letter from his neighbor describing how that neighbor and others had used defendant’s wireless network.
The court denied the motion to quash. It held that even though defendant may turn out to be innocent, at this stage plaintiff was merely seeking to uncover his identity. The fact that other people had access to defendant’s unsecured wi-fi was immaterial.
Strike 3 Holdings, LLC v. Doe, 2019 WL 1865919 (N.D.Cal. April 25, 2019)