IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Walker D. Miller
Civil Action No. 06cv00352WDMPAC
INTERSCOPE RECORDS, et al.,
Plaintiffs,
v.
DOES 18,
Defendants.
_____________________________________________________________________
ORDER
_____________________________________________________________________
Miller, J.
This matter is before me on the Plaintiffs’Ex Parte Application for Leave to Take
Immediate Discovery (“Application”), filed February 28, 2006. Having considered the
Application, Plaintiffs’ memorandum of law in support of the Application, and the
Declaration of Jonathan Whitehead, I conclude that the Application should be granted,
as modified below.
On February 28, 2006, Plaintiffs filed a complaint for copyright infringement
against eight John Doe defendants (“Defendants”). The complaint alleges that
Defendants distributed and/or duplicated copyrighted sound recordings owned or
controlled by the Plaintiffs without Plaintiffs’ authorization via an online media
distribution system in violation of 17 U.S.C. § 101 et seq. However, Plaintiffs are only
able to identify Defendants with an unique Internet Protocol (“IP”) address; they do not
know Defendants’ names or any other identifying information.
Case 1:06-cv-00352-WDM Document 6 Filed 03/13/2006 Page 1 of 4
Interscope Records et al v. DOES 1 - 8
Doc. 6
Dockets.Justia.com
1A MAC address is the hardware address that uniquely identifies each node, or
processing location (such as a computer), of a network. See Webopedia, at
http;//www.webopedia.com/TERM/M/MAC_address.html (accessed Feb. 13, 2006).
2
Consequently, Plaintiffs seek permission to obtain immediate discovery from
Defendants’ Internet Service Provider (“ISP”), Adelphia Communications Corp.
(“Adelphia”), whose subscriber activity log files would allow Plaintiffs to discover
Defendants’ identities. Specifically, they wish to serve a subpoena on Adelphia
pursuant to Fed. R. Civ. P. 45, seeking each Defendant’s true name, address,
telephone number, ema