10
personal jurisdiction might properly be exercised over these
Doe defendants is if they are residents of the District of
Columbia or at least downloaded the copyrighted work in the
District.
See
D.C.
Code
§
13-423(3),
(4)
(providing
for
personal jurisdiction over a person “causing tortious injury in
the District of Columbia’); Nu Image, Inc. v. Does 1-—23,322,
799 F. Supp. 2d 34, 38-40 (D.D.C. 2011). But AF Holdings
has made absolutely no effort to limit its suit or its discovery
efforts to those defendants who might live or have
downloaded Popular Demand in the District of Columbia.
Instead, it sought to subpoena Internet service providers that
provide no service at all in the District. As Duffy reluctantly
conceded
at
oral
argument,
AF
Holdings
could
have
no
legitimate reason for objecting to the court’s quashing the
subpoenas directed at these providers. Oral Arg. Rec. 33:00—
04. Even for those providers that do serve the District of
Columbia, AF Holdings’s discovery demands were overbroad
because it made no attempt to limit its inquiry to those
subscribers who might actually be located in the District. It
could have easily done so using what are known as
geolocation services, which enable anyone to estimate the
location of Internet users based on their IP addresses. Such
services cost very little or are even free. See Amicus Br. of
Electronic
Frontier
Foundation,
et
al.
24
(observing
that
““Neustar IP Intelligence . . . provides on-demand geolocation
services
for
$8
per
user’s
street
1,000
addresses);
see
also
http://freegeoip.net (last visited May 22, 2014) (providing this
service for free). While perhaps not precise enough to identify
an
Internet
address,
these
services
“can
be
accurate,” as Duffy acknowledged at oral argument, Oral Arg.
Rec. 23:58-24:01—certainly sufficiently accurate to provide
at least some basis for determining whether a _ particular
subscriber might live in the District of Columbia rather than,
say, Oregon, see Nu Image, 799 F. Supp. 2d at 41 (‘while
these geolocation services are not 100% accurate, these
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