Strike 3 Holdings, LLC v. Trevor Wise fka John Doe infringer identified as using IP address 47.150.2.180

District Court, C.D. California·Decided February 7, 2022·No. 5:20-cv-00942·Unknown

Opinion

Case 5:20-cv-00942-TJH-SP Document 35 Filed 02/07/22 Pagelof6 Page ID #:226 2 4 6 Anited States District Court 9 Central District of California 10 Western Division 11 12] STRIKE 3 HOLDINGS, L.L.C., ED CV 20-00942 TJH (SPx) 13 Plaintiff, 14 V. 15 | TREVOR WISE, Orver 16 Defendant. ang 7 Judgment 18 [33][34] JS-6 19 The Court has considered the motion for default judgment [Dkt. # 33 and # 34] 20 | filed by Plaintiff Strike 3 Holdings, L.L.C. [“Strike 3”], together with the moving 21 || papers. 22 Strike 3 owns the copyrights to numerous adult films. On April 30, 2020, Strike 23 | 3 filed this action, alleging a single claim for direct copyright infringement for various 24 || violations of the Copyright Act, 17 U.S.C. §§ 106 and 501. Specifically, Strike 3 25 || alleged that an internet user - pseudonymously referred to as John Doe infringer 26 || identified as using IP address 47. 150.2.180 [“John Doe” ] - infringed the copyrights of 27 | 47 of its films [“the Films”] by downloading them via the internet and, then, 2g || distributing them to others without permission.

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1 John Doe was subsequently identified to be Trevor Wise, but his true identity 2 || remained under seal given the sensitive nature of the allegedly infringed Films. 3 Wise was properly served, but he failed to respond to the complaint. On April 4 9, 2021, the Clerk of Court entered Wise’s default. 5 Strike 3, now, moves for default judgment. 6 When reviewing a motion for default judgment, the Court must consider the 7 || following factors: (1) The possibility of prejudice to Strike 3; (2) The merits of Strike 8 | 3’s substantive claim; (3) The sufficiency of the complaint; (4) The sum of money at 9 || stake in the action; (5) The possibility of a dispute concerning material facts; (6) 10 || Whether Wise’s default was due to excusable neglect; and (7) Federal policy favoring 11 || decisions on the merits. See Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). 12 Regarding the first factor, the possibility of prejudice to Strike 3 is high because 13 || Wise thwarted Strike 3’s attempts to litigate its claims by failing to engage in this case. 14 || Without a judgment, Strike 3 would likely have no other recourse. See Elektra Entm’t 15 || Grp. Inc. v. Crawford, 226 F.R.D. 388, 392 (C.D. Cal. 2005). 16 Regarding the second and third factors, the Court must accept the factual 17 || allegations in the complaint regarding liability as true. Geddes v. United Fin. Grp., 18 || 559 F.2d 557, 560 (9th Cir. 1977). To establish a prima facie case of direct copyright 19 || infringement, Strike 3 must demonstrate: (1) Ownership of a valid copyright; and (2) 20 || The use of the copyrighted material without permission. See Feist Publications, Inc. 21 || v. Rural Telephone Service Co., Inc., 499 U.S. 340, 361 (1991). 22 A plaintiff, generally, may not bring a copyright infringement suit until the 23 || United States Copyright Office has registered its copyright. Est. Pub. Benefit Corp. 24 || v. Wall-Street.com, L.L.C., 139 S. Ct. 881, 886-87 (2019); 17 U.S.C. § 411(a). 25 || Additionally, statutory damages are unavailable unless the copyrighted work was 26 || registered at the time that the alleged infringement occurred, unless the work was 27 || registered within three months of publication. 17 U.S.C. § 412(2). Registration occurs 28 || once the Copyright Office issues a certificate that includes, inter alia, the copyright’s

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1 || registration number and date of registration. 17 U.S.C. § 410(a). A registration 2 || certificate is prima facie evidence of the validity of a copyright. United Fabrics Int’l, 3 || Inc. v. C&J Wear, Inc., 630 F.3d 1255, 1257 (9th Cir. 2011). 4 Strike 3 did not attach copyright registration certificates for the Films to either 5 | the complaint or the instant motion. However, that failure will not bar default 6 || judgment if the complaint set forth sufficient facts, including, inter alia, the registration 7 || numbers of the relevant copyrights. See, e.g., McGraw-Hill Glob. Educ. Holdings, 8] L.L.C. v. Khan, 323 F. Supp. 3d 488, 496 (S.D.N.Y. 2018). Here, Strike 3 alleged 9 || that it registered its copyrights for each of the Films within three months of publication, 10 || and it provided the registration number for each Film. Accordingly, Strike 3 has 11 || established that it owned valid copyrights for each of the Films when it filed this action, 12 || and that it is eligible to recover statutory damages. 13 Regarding the second element of the copyright claim - that the copyrighted 14 || material was used without permission - an alleged infringer’s “status as the registered 15 || subscriber of an infringing IP address, standing alone, does not create a reasonable 16 || inference that he is also the infringer.” Cobbler Nevada, L.L.C. v. Gonzales, 901 F.3d 17 || 1142, 1145 (9th Cir. 2018). Rather, Strike 3 “must allege something more to create 18 || a reasonable inference that a subscriber is also an infringer.” See Cobbler Nevada. 19 || Here, Strike 3 alleged that it learned from Frontier Communications, pursuant to a 20 || Florida state court subpoena, that Wise’s spouse was the IP address’s subscriber. 21 || Strike 3 alleged, further, that it, then, connected various internet activities involving 22 || that IP address to Wise’s social media account, thereby connecting Wise to the alleged 23 || copyright infringement of the Films. Thus, Strike 3 has alleged “something more” that 24 || allows the Court, here, to infer that Wise is the alleged infringer. See, e.g., Strike 3 25 || Holdings, L.L.C. v. Poluk, No. 2:20-CV-2146-TLN-CKD, 2021 WL 5321824, at *3 26 || (E.D. Cal. Nov. 16, 2021), report and recommendation adopted, No. 2:20-CV-02146- 27 | TLN-CKD, 2022 WL 224020 (E.D. Cal. Jan. 25, 2022). Finally, Strike 3 alleged that 28 || Wise obtained and distributed the Films without its permission. Accordingly, Strike

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1 3 has established liability for direct copyright infringement. See Feist, 499 U.S. at 361. 2 Regarding the fourth factor, a copyright owner is entitled to recover either actual 3 damages or statutory damages for infringements. 17 U.S.C. § 504(a). Here, Strike 4 3 seeks $750.00 – the minimum statutory damages amount – for each of its 47 5 copyrights that were infringed. For each infringed copyright, a copyright holder may 6 recover statutory damages of between $750.00 and $150,000.00. 17 U.S.C. § 504(c). 7 Based on an award of $750.00 for each of the 47 copyrights infringed, Strike 3 is 8 seeking a total of $35,250.00.

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Strike 3 Holdings, LLC v. Trevor Wise fka John Doe infringer identified as using IP address 47.150.2.180, (C.D. Cal. 2022).

Strike 3 Holdings, LLC v. Trevor Wise fka John Doe infringer identified as using IP address 47.150.2.180 (Strike 3 Holdings, LLC v. Trevor Wise fka John Doe infringer identified as using IP address 47.150.2.180) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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