Shueisha Inc. v. DMCA Subpoena to Cloudflare, Inc. — Entry #16: Joint Discovery Letter Brief re: Protective Order [pursuant to D.E
Case: Shueisha Inc. v. DMCA Subpoena to Cloudflare, Inc. cand · 4:25-mc-80147
filed June 10, 2025
What this document is
Docket entry #16 · filed November 13, 2025
Joint Discovery Letter Brief re: Protective Order [pursuant to D.E. 14] filed by John Doe. (Attachments: # 1 Proposed Order Doe's Proposed Protective Order, # 2 Proposed Order Shueisha's Proposed Protective Order)(Vulic, Leah) (Filed on 11/13/2025) (Entered: 11/13/2025)
Who is involved
- DMCA Subpoena to Cloudflare, Inc.
- John Doe
- Shueisha Inc.
Why we have it
We follow this case because it names a company we track, although that company is not a party:
- Nebius: its former name “Yandex N.V.” appears in a filing in this case.
…1090 (9th Cir. 1994) and Perfect 10, Inc. v. Yandex N.V., 962 F. Supp. 2d 1146, 1153 (N.D. Cal. 2013);…
A free copy from the RECAP archive of federal court filings (mirrored at the Internet Archive), retrieved November 09, 2026. Federal court filings are public records.
Document text
12 page(s), 25,610 characters, converted from the PDF's text layer · plain text.
Full text
Case 4:25-mc-80147-YGR Document 16-2 Filed 11/13/25 Page 1 of 12
GAMMA LAW, P.C.
1 Duy Thai (SB 157345)
2 Marco Martemucci (SBN 255054)
One Sansome Street, Suite 1400
3 San Francisco, California 94104
Tel.: 415.901.0510
4 Fax: 415.901.0512
dthai@gammalaw.com
5
mmartemucci@gammalaw.com
6 Attorneys for Shueisha Inc.
7 KRONENBERGER ROSENFELD, LLP
8 Jeffrey M. Rosenfeld (Bar No. 222187)
Leah Rosa Vulić (Bar No. 343520)
9 548 Market St. #85399
San Francisco, CA 94104
10 Telephone: (415) 955-1155
Facsimile: (415) 955-1158
11
jeff@kr.law
12 leah@kr.law
13 Attorneys for John Doe
14
UNITED STATES DISTRICT COURT
15
NORTHERN DISTRICT OF CALIFORNIA
16 SAN FRANCISCO DIVISION
17 In re 17 U.S.C. §512(h) Subpoena to Case No. 4:25-mc-80147-YGR
18 CLOUDFLARE, INC.
[PROPOSED] PROTECTIVE ORDER
19
RE: DMCA SUBPOENA (17 U.S.C.
20 §512(h))
21
22
23
24
25
26
27
28
Case No. 4:25-mc-80147-YGR [PROP] PROTECTIVE ORDER RE: DMCA
SUBPOENA
Case 4:25-mc-80147-YGR Document 16-2 Filed 11/13/25 Page 2 of 12
1 GOOD CAUSE STATEMENT
2 This matter arises from a subpoena issued pursuant to 17 U.S.C. §512(h) to Cloudflare, Inc.,
3 a U.S.-based service provider, at the request of Shueisha Inc., a non-U.S. rights holder (the “DMCA
4 Subpoena”). The DMCA Subpoena seeks identifying information for the individual associated with
5 the specific URL(s) identified in Shueisha’s DMCA takedown notice and listed in Exhibit A hereto,
6 which Shueisha attributes to “John Doe.”
7 There is currently no civil infringement lawsuit between Shueisha and John Doe in any
8 United States court. This proceeding is a pre-suit identification request under 17 U.S.C. §512(h). It
9 is not ordinary discovery in an active civil action.
10 This Protective Order prohibits the pre-litigation disclosure and use of John Doe’s identity
11 for any purpose unrelated to Shueisha’s enforcement of copyrights against John Doe.
12 Any information sufficient to identify John Doe (“Doe Identity Information,” as defined in
13 §2.1 below) shall be treated as confidential, shall not be publicly disclosed except as defined in §7.1
14 below , and shall be designated CONFIDENTIAL under this Protective Order.
15 Good cause exists under 17 U.S.C. §512(h)(2)(C), Fed. R. Civ. P. 26(c), and Fed. R. Civ. P.
16 45 to impose limits on the pre-litigation use and disclosure of Doe Identity Information to prevent
17 misuse.
18 FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED:
19 1. PURPOSES AND LIMITATIONS
20 1.1 Sole Purpose of Use.
21 Protected Information, including any Doe Identity Information as defined in §2.1, may be
22 produced to Shueisha Inc. in response to the DMCA Subpoena with a confidentiality designation.
23 Such information may be disclosed only to Shueisha Inc. and its Counsel and John Doe and its
24 Counsel and thereafter by Shueisha Inc or its Counsel in court filings arising from Shueisha’s
25 potential copyright claims relating to the infringement alleged in Shueisha’s DMCA takedown
26 notice, attached as Exhibit Aat which point it will cease to be deemed Protected Information.
27 1.2 Prohibited Uses.
28 Absent further written order of this Court, no Party, counsel, agent, or other person may
Case No. 4:25-mc-80147-YGR [PROP] PROTECTIVE ORDER RE: DMCA
1 SUBPOENA
Case 4:25-mc-80147-YGR Document 16-2 Filed 11/13/25 Page 3 of 12
1 disclose or use any Protected Information, including any Doe Identity Information, for any pre-
2 litigation purpose other than the limited purpose set forth in §1.1. Prohibited uses include, without
3 limitation:
4 (a) Initiating or attempting any direct contact with John Doe, including by email, phone,
5 social media, physical mail, or in-person approaches, aside from service of legal process when John
6 Doe has identified attorney representation. Direct contact is permitted for service of process in a
7 filed copyright infringement action, at which point the Doe Identity Information will no longer be
8 deemed Protected Information.
9 (b) Any pre-litigation disclosure of Protected Information, including Doe Identity
10 Information, to any person or entity other than (i) this Court, (ii) Shueisha employees, staff agents
11 or representatives working on or responsible for enforcement of Shueisha’s managed copyright
12 portfolio, or (iii) outside counsel and their necessary staff or experts who have executed the
13 acknowledgment required by §7 and are bound by this Order.
14 1.3 No Merits Finding.
15 This Order governs only the §512(h) identification process. It makes no findings and permits
16 no inference regarding infringement, liability, willfulness, damages, jurisdiction, venue, or any
17 other merits issue.
18 2. DEFINITIONS
19 2.1 “Doe Identity Information.”
20 “Doe Identity Information” means information sufficient to identify John Doe, including
21 Doe’s legal name..
22 2.2 “Protected Information.”
23 “Protected Information” means Doe Identity Information and any other sensitive private
24 information belonging to John Doe that, if publicly disclosed, would cause harm directly or
25 indirectly to Doe, including sensitive financial information, full credit card numbers, social security
26 numbers, etc.
27 2.3 “Doe-Linked URLs.”
28 “Doe-Linked URLs” means the URL(s) identified in Exhibit A that (i) appear in Shueisha’s
Case No. 4:25-mc-80147-YGR [PROP] PROTECTIVE ORDER RE: DMCA
2 SUBPOENA
Case 4:25-mc-80147-YGR Document 16-2 Filed 11/13/25 Page 4 of 12
1 DMCA takedown notice, D.E. 1-3, (ii) are actually associated with Doe’s Cloudflare account or
2 zone (for example, two paths or mirrors of the same page) and (iii) other domains, mirrors,
3 subdomains, historic content, or affiliated sites that may be identified by Cloudflare, Inc in their
4 production in response to the DMCA Subpeona.
5 2.4 “Subpoenaing Party.”
6 “Subpoenaing Party” means the applicant for the §512(h) subpoena (Shueisha Inc.) and its
7 Outside Counsel.
8 2.5 “Service Provider.”
9 “Service Provider” means any non-party responding to the §512(h) subpoena with
10 information, including Cloudflare, Inc.
11 2.6 “Outside Counsel.”
12 “Outside Counsel” means counsel admitted to practice in the United States who have
13 appeared or will appear in this matter. “Outside Counsel” also includes in-house counsel, corporate
14 employees, foreign counsel, investigators, and affiliates of the Subpoenaing Party.
15 2.7 “Unrelated Purpose.”
16 “Unrelated Purpose” means any purpose other than the purpose described in §1.1. Without
17 limitation, “Unrelated Purpose” includes unrelated publicity, harassment, embarrassment,
18 intentional infliction of emotional distress, tortious business interference, and intentional harm to
19 John Doe unrelated to enforcement of Shueisha’s managed copyrights.
20 3. SCOPE
21 3.1 Coverage.
22 The protections in this Order cover: (a) Protected Information itself; (b) any copies, excerpts,
23 summaries, notes, metadata, audit logs, or compilations that reveal Protected Information; and (c)
24 any testimony, presentations, communications, or filings that would reveal Protected Information.
25 3.2 Exclusions.
26 This Order does not restrict information that is (i) already lawfully in the public domain
27 prior to any production under this Order, or (ii) later becomes public through no breach of this
28 Order.
Case No. 4:25-mc-80147-YGR [PROP] PROTECTIVE ORDER RE: DMCA
3 SUBPOENA
Case 4:25-mc-80147-YGR Document 16-2 Filed 11/13/25 Page 5 of 12
1 4. DURATION
2 4.1 Continuing Obligation.
3 The confidentiality and use restrictions in this Order continue to apply after this §512(h)
4 identification matter concludes, for a period of two years, unless the Court modifies them or until
5 such time as Shueisha files a copyright infringement lawsuit against John Doe for infringement
6 identified in or related to the DMCA Takedown Notice.
7 5. DESIGNATING PROTECTED MATERIAL
8 5.1 Designated Confidential Status.
9 All Protected Information, including Doe Identity Information shall be designated as
10 “Confidential” by Cloudflare, Inc. at the moment of production. No higher designation (for
11 example, “Highly Confidential” “Outside Counsel Only” or “Attorney’s Eyes Only”) may be
12 applied without further order and sufficient showing of necessity by the party seeking to apply the
13 designation.
14 5.2 Filing and Marking.
15 In the interest of public access to litigation information, Shueisha may file Doe Identity
16 Information publicly in a copyright enforcement lawsuit against Doe, at which point, the Doe
17 Identity information will no longer be deemed Confidential.
18 5.3 Inadvertent Omissions.
19 If any Protected Information is produced without a Confidential designation or similar
20 marking, it is still Protected Information and subject to this Order. The producing Service Provider
21 or Doe’s counsel may correct the designation, and all Receiving Parties must treat it as Confidential
22 upon learning of the designation.
23 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS
24 6.1 Meet and Confer.
25 If a Party believes that some produced material is over-designated and does not actually
26 reveal Doe Identity Information or other Protected Information, that Party shall notify John Doe’s
27 counsel via written or emailed notice. To avoid ambiguity as to whether a challenge has been made,
28 the written notice must recite that the challenge to confidentiality is being made in accordance with
Case No. 4:25-mc-80147-YGR [PROP] PROTECTIVE ORDER RE: DMCA
4 SUBPOENA
Case 4:25-mc-80147-YGR Document 16-2 Filed 11/13/25 Page 6 of 12
1 this specific paragraph of the Protective Order. The Parties shall attempt to resolve each challenge
2 in good faith and must begin the process by conferring directly (in voice-to-voice dialogue; other
3 forms of communication are not sufficient) within 14 days of the date of service of notice. If no
4 agreement is reached, the Party may move the Court to remove the confidentiality designation of
5 the particular Doe Identity Information or other Protected Information. Until the Court rules, the
6 material remains at its current Confidential designation.
7 6.3 Judicial Intervention.
8 If the Parties cannot resolve a challenge without court intervention, the parties shall follow
9 the Court’s Standing Order in Civil Cases regarding Discovery and Discovery Motions. The parties
10 may file a joint letter brief regarding retaining confidentiality within 21 days of the initial notice of
11 challenge or within 14 days of the parties agreeing that the meet and confer process will not resolve
12 their dispute, whichever is earlier. If, after submitting a joint letter brief, the Court allows that a
13 motion may be filed, any such motion must be accompanied by a competent declaration affirming
14 that the movant has complied with the meet and confer requirements imposed in the preceding
15 paragraph. The Court, in its discretion, may elect to transfer the discovery matter to a Magistrate
16 Judge.
17 In addition, the parties may file a joint letter brief regarding a challenge to a confidentiality
18 designation at any time if there is good cause for doing so, including a challenge to the designation
19 of a deposition transcript or any portions thereof. If, after submitting a joint letter brief, the Court
20 allows that a motion may be filed, any motion brought pursuant to this provision must be
21 accompanied by a competent declaration affirming that the movant has complied with the meet and
22 confer requirements imposed by the preceding paragraph. The Court, in its discretion, may elect to
23 refer the discovery matter to a Magistrate Judge.
24 The burden of persuasion in any such challenge proceeding shall be on the Designating
25 Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose
26 unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions.
27 Unless the Designating Party has waived the confidentiality designation by failing to file a letter
28 brief to retain confidentiality as described above, all parties shall continue to afford the material in
Case No. 4:25-mc-80147-YGR [PROP] PROTECTIVE ORDER RE: DMCA
5 SUBPOENA
Case 4:25-mc-80147-YGR Document 16-2 Filed 11/13/25 Page 7 of 12
1 question the level of protection to which it is entitled under the Producing Party’s designation until
2 the court rules on the challenge.
3 7. ACCESS TO AND USE OF PROTECTED MATERIAL
4 7.1 Confidential Recipients Only.
5 Protected Information may be disclosed only to: (a) the Court and its personnel; (b) Doe’s
6 Outside Counsel; and (c) the Subpoenaing Party, its Outside Counsel and agents. No other person
7 or entity, may receive Protected Information absent further written order of this Court.
8 7.2 Final Compliance Certification.
9 Within 10 days after destruction is required under §13.4 or §13.5, the Subpoenaing Party’s
10 U.S.-admitted Outside Counsel of Record shall file a single declaration, made pursuant to 28 U.S.C.
11 §1746, certifying that: (a) all Protected Information has been destroyed, except for court-sealed
12 filings and the single archival copy permitted to Doe’s counsel; (b) no Protected Information was
13 disclosed outside Confidential recipients authorized by this Order; and (c) no direct contact,
14 demand, threat, request for payment, settlement approach, or other communication was made to
15 John Doe except through Doe’s counsel, if represented, or as expressly authorized by this Court for
16 service of process under §1.2(a).
17 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED ELSEWHERE
18 8.1 Cross-Use Permitted.
19 Protected Information may be disclosed in, or used for, any other court, tribunal, agency,
20 law-enforcement inquiry, administrative office, foreign proceeding, or parallel dispute, or used to
21 support any new subpoena, request, or demand to any third party, without prior written order from
22 this Court, provided Doe’s Private Information is redacted or submitted under seal and such use is
23 related to Subpoenaing Party’s copyright enforcement efforts.
24 8.2 Notice.
25 If any person in possession of Protected Information receives a subpoena, order, demand, or
26 request from another forum seeking such material, that person must: (a) promptly notify Doe’s
27 Outside Counsel of Record, and provide a copy of the demand; (b) promptly provide the requester
28 with a copy of this Order; and (c) cooperate in allowing Doe to seek protection from this Court
Case No. 4:25-mc-80147-YGR [PROP] PROTECTIVE ORDER RE: DMCA
6 SUBPOENA
Case 4:25-mc-80147-YGR Document 16-2 Filed 11/13/25 Page 8 of 12
1 before any disclosure. If this Court asserts protection, no disclosure shall occur unless and until this
2 Court orders otherwise.
3 9. A NON-PARTY’S PROTECTED MATERIAL
4 9.1 Service Providers.
5 This Order applies to a Service Provider (Cloudflare) that produces information responsive
6 to the §512(h) Subpoena. Any Doe Identity Information or other Protected Information produced
7 by such a Service Provider may be designated as Confidential under this Order. Nothing prevents a
8 Service Provider from producing material that does not contain Doe Identity Information without a
9 confidentiality designation.
10 10. UNAUTHORIZED DISCLOSURE
11 If any Receiving Party learns that Protected Information has been disclosed, accessed,
12 copied, exported, transmitted, stored, or otherwise used in violation of this Order, that Party must
13 immediately: (a) notify Doe’s Outside Counsel of Record, within 48 hours of discovery of the
14 unauthorized use or disclosure; (b) take all reasonable steps to retrieve and sequester the material
15 and prevent further dissemination; (c) inform every person who received the material that it is
16 subject to this Order and must be kept confidential and destroyed; and (d) provide a sworn
17 declaration under 28 U.S.C. §1746 describing the nature and scope of the disclosure and the
18 remedial steps taken.
19 11. INADVERTENT PRODUCTION / CLAWBACK
20 If privileged, work-product, or otherwise legally protected material is inadvertently
21 produced, Fed. R. Evid. 502 applies. The producing Party or Service Provider may claw back such
22 material by written notice. All Receiving Parties must promptly return or destroy the inadvertently
23 produced material. Such inadvertent production or disclosure does not constitute waiver of any
24 applicable privilege.
25 Nothing in this Order waives any objection to scope, burden, jurisdiction, venue, personal
26 jurisdiction, service, admissibility, proportionality, or the merits.
27 12. MISCELLANEOUS
28 12.1 [REMOVED].
Case No. 4:25-mc-80147-YGR [PROP] PROTECTIVE ORDER RE: DMCA
7 SUBPOENA
Case 4:25-mc-80147-YGR Document 16-2 Filed 11/13/25 Page 9 of 12
1 12.2 Cost Allocation / No Duty To Create New Data.
2 The Service Provider shall not be required to generate new reports, run new scripts, or
3 compile new datasets beyond what exists in the ordinary course of business. Reasonable production
4 costs may be shifted to the Subpoenaing Party, subject to fee motion if disputed.
5 12.3 Right to Further Relief.
6 Nothing in this Order limits the right of any person to seek modification of this Order from
7 the Court.
8 12.4 Court Control.
9 This Court may modify, relax, or release any provision of this Order. The Parties may also
10 mutually agree in writing to designate or de-designate documents as Confidential.
11 13. FINAL DISPOSITION
12 13.1 Initial Production Path.
13 The Service Provider (Cloudflare) may release responsive Doe Identity Information directly
14 to Doe’s and Subpoenaing Party’s Outside Counsel of Record, in a secure manner, with a
15 designation of “CONFIDENTIAL.” Documents lacking any Doe Identity Information need not bear
16 any confidentiality designation.
17 13.2 Certification and Audit.
18 The Final Compliance Certification required by §7.3 shall be filed after destruction under
19 §13.4 or §13.4. Failure to timely certify, or evidence of non-compliance, may result in immediate
20 sequestration or destruction of Protected Information.
21 13.3 End-of-Case Destruction.
22 Within two years after the final resolution of this §512(h) identification matter, including
23 any appeals, if there has been no copyright infringement action actually filed by the Subpoenaing
24 Party against Doe related to the Doe-Linked URLs in Exhibit A, each person in possession of
25 Protected Information shall destroy all Protected Information and all copies, summaries, notes,
26 metadata, and access logs that would reveal Doe’s identity. Archival copies may be retained by
27 Doe’s Outside Counsel of Record, and the Court may retain any sealed filings, for record-keeping
28 and enforcement purposes.
Case No. 4:25-mc-80147-YGR [PROP] PROTECTIVE ORDER RE: DMCA
8 SUBPOENA
Case 4:25-mc-80147-YGR Document 16-2 Filed 11/13/25 Page 10 of 12
1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD:
2 DATED: ___________, 2025 KRONENBERGER ROSENFELD, LLP
3
4 By:
Leah Rosa Vulić
5
Attorneys for John Doe
6
7 DATED: _____________, 2025 GAMMA LAW, P.C.
8
s/
9 Marco Martemucci
10 Attorneys for Shueisha Inc.
11 PURSUANT TO THE FOREGOING AND GOOD CAUSE APPEARING, IT IS SO
12 ORDERED.
13 DATED: __________________________
14
15 ________________________________________
16 Hon. Yvonne Gonzalez Rogers, United States District Judge
17 Northern District of California
18
19
20
21
22
23
24
25
26
27
28
Case No. 4:25-mc-80147-YGR [PROP] PROTECTIVE ORDER RE: DMCA
9 SUBPOENA
Case 4:25-mc-80147-YGR Document 16-2 Filed 11/13/25 Page 11 of 12
1 EXHIBIT A
2 John Doe URLs
3 Doe-Linked URLs referenced in Shueisha’s DMCA takedown notice and in the §512(h)
4 subpoena to Cloudflare, consisting of the URL(s) associated with John Doe’s Cloudflare account:
5
6 https://www.mangajikan.com/chapter-441853.html
7 https://jpoo.alammanga.com/JP00/120647/3nfi22cjai.jpg.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 4:25-mc-80147-YGR [PROP] PROTECTIVE ORDER RE: DMCA
10 SUBPOENA
Case 4:25-mc-80147-YGR Document 16-2 Filed 11/13/25 Page 12 of 12
1 EXHIBIT B
2 Acknowledgment and Agreement to Be Bound
3 I, _____________________________ [print or type full name], of _________________ [print or
4 type full address], declare under penalty of perjury that I have read in its entirety and understand
5 the Stipulated Protective Order that was issued by the United States District Court for the Northern
6 District of California on [date] in the case of ___________ [insert formal name of the case and
7 the number and initials assigned to it by the court]. I agree to comply with and to be bound by
8 all the terms of this Stipulated Protective Order and I understand and acknowledge that failure to so
9 comply could expose me to sanctions and punishment in the nature of contempt. I solemnly promise
10 that I will not disclose in any manner any information or item that is subject to this Stipulated
11 Protective Order to any person or entity except in strict compliance with the provisions of this Order.
12 I further agree to submit to the jurisdiction of the United States District Court for the Northern
13 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even
14 if such enforcement proceedings occur after termination of this action.
15 I hereby appoint __________________________ [print or type full name] of
16 _______________________________________ [print or type full address and telephone number]
17 as my California agent for service of process in connection with this action or any proceedings
18 related to enforcement of this Stipulated Protective Order.
19
20 Date: ______________________________________
21 City and State where sworn and signed: _________________________________
22
23 Printed name: _______________________________
24
25 Signature: __________________________________
26
27
28
Case No. 4:25-mc-80147-YGR [PROP] PROTECTIVE ORDER RE: DMCA
11 SUBPOENA