Strike 3 Holdings, LLC v. Subscriber Assigned IP Address

Northern District of Illinois


Exhibit B - Declaration of Tobias Feiser

Case: 1:18-cv-03767 Document #: 8-2 Filed: 06/15/18 Page 1 of 5 PageID #:32 EXHIBIT B Case: 1:18-cv-03767 Document #: 8-2 Filed: 06/15/18 Page 2 of 5 PageID #:33 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS STRIKE 3 HOLDINGS, LLC,)) Plaintiff,)) v.) Case No.: 1:18-cv-03767) JOHN DOE subscriber assigned IP address) Judge: Robert Blakey,) Magistrate Judge: Sidney I. Schenkier) Defendant.)) DECLARATION OF TOBIAS FIESER IN SUPPORT OF PLAINITFF'S MOTION FOR LEAVE TO SERVE A THIRD PARTY SUBPOENA PRIOR TO A RULE 26(f) CONFERENCE [Remainder of page intentionally left blank] i EXHIBIT B Case: 1:18-cv-03767 Document #: 8-2 Filed: 06/15/18 Page 3 of 5 PageID #:34 DECLARATION OF TOBIAS FIESER DECLARATION FIESER IN SUPPORT PLAINTIFF'S MOTION SUPPORT OF PLAINTIFF'S MOTION FOR FOR LEA VE TO TAKE DISCOVERY LEAVE PRIOR TO A RULE DISCOVERY PRIOR RULE 26(f) 26{0 CONFERENCE CONFERENCE I, Tobias Fieser, do hereby state and declare as follows: 1. 1. My name is Tobias Fieser. I am over the age of 18 18 and am otherwise competent to make this declaration. declaration. 2. 2. declaration is based on my personal knowledge This declaration knowledge and, if called upon to do so, I will testify that the facts stated herein are true and accurate. 3. 3. I am employed by IPP International UG ("IPP"), ("IPP"), a German company, in its litigation support department. 4. 4. IPP provides forensic investigation services to copyright owners including an ability to track, monitor, and detect copyright infringement in an online environment. Strike 3 Holdings, LLC ("Strike 3") hired IPP to monitor and record online infringement of its movies. 5. 5. One of the services that IPP provides provides is that its system monitors monitors the BitTorrent file distribution network for the presence of copyrighted works. works. IPP's IPP's forensic software identifies Internet Protocol ("IP") ("IP") addresses that are being used by infringers to distribute copyrighted works within the BitTorrent File Distribution Distribution Network. Network. 6. 6. As part of my employment with IPP, I was assigned the task of overseeing, analyzing, and reviewing reviewing the results of this investigation. I have previously previously provided the same support for thousands of copyright infringement lawsuits across the United States, and I gave full and complete testimony about the forensic scanning scanning process during during the "BitTorrent Bellwether Bellwether Trial" Trial" (Malibu Media Media v. John John Does, 12-cv-2078, 12-cv-2078, (E.D. Pa. Jan. 3, 2013)). 7. 7. After reviewing reviewing IPP's IPP's forensic activity records, I determined that IPP's IPP's forensic servers connected to an electronic device using IP Address After this connection, 11 ILND-1034-CHIC ILND-1034-CHIC EXHIBIT EXHIBITBB Case: 1:18-cv-03767 Document #: 8-2 Filed: 06/15/18 Page 4 of 5 PageID #:35 Defendant's IP Address of was documented distributing to IPP's Defendant's IPP's servers multiple 3 's Complaint. 3 's copyrighted movies listed on Exhibit A to Strike 3's pieces of Strike 3's 8. 8. Each piece was recorded in a PCAP, which stands for "packet capture" and is a forensically sound interface for recording network traffic. The time recorded is quoted in Universal Time which correlates to the assignment logs kept by United States Internet Service Service Providers (ISPs) tracking which IP Address is assigned to which customer at a given point in time. The infringement appears consistent and on-going. 9. IPP's software additionally analyzed each BitTorrent "piece" distributed by IPP's Defendant's IP Address. It verified that reassembling the pieces using a specialized BitTorrent Defendant's client results in a fully playable digital movie. 10. 10. A digital file can be identified by what is called a "Cryptographic Hash Value." This concept was developed by the United States National Security Agency. IPP's IPP's software Defendant's IP Address have a unique identifier of determined that the files being distributed by Defendant's the Cryptographic Hash outlined on Exhibit A. 11. 11. IPP's software is programmed to only allow it to download files from the IPP's BitTorrent Network. It is unable to distribute content. At no point did IPP distribute any part of 3's copyrighted movies at any time. Strike 3's 12. 12. IPP additionally confirmed through its ancillary worldwide BitTorrent surveillance program that IP address is associated with significant long term BitTorrent use. 2 ILND-1034-CHIC EXHIBIT EXHIBITBB Case: 1:18-cv-03767 Document #: 8-2 Filed: 06/15/18 Page 5 of 5 PageID #:36 DECLARATION DECLARATION PURSUANT PURSUANT TO 28 U.S.C. § 1746, I hereby declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on this 486.4 //fG,c.,day of AC7 of_/t_Q:_'(-----', 201t 201C TOBIAS FIESER FIESER By: By:~ 3 ILND-1034-CHIC ILND-1034-CHIC EXHIBIT EXHIBITBB