dslreports logo
 story category
Cox Held Liable for Piracy on Its Network, Must Pay $25 Million

A Virginia federal jury has held Cox Communications liable for piracy on its network in a landmark ruling that could have a profound impact on ISPs and broadband consumers alike. According to the full ruling (pdf), Cox was found guilty of willful contributory copyright infringement and ordered to pay $25 million because it didn't kick pirates off of its network -- permanently.

Click for full size
With help by the RIAA, Cox was sued by BMG Rights Management of Berlin and Round Hill Music of New York in late 2014.

Cox was effectively being punished for refusing to participate in the entertainment industry's six strikes initiative, and the kind of shake downs being perpetrated by companies like Rightscorp, which threaten broadband subscribers with lawsuits if they don't pay up. Cox in court has likened this to harassment, and has failed to forward on these complaints or hand over subscriber data.

Since 2008 we've noted that Cox has had an anti-piracy program of their own in play, which includes repeated notices for infringement. Cox also terminates the accounts of repeat offenders, but the company has told me they believe the total number of booted users accounts for less than 1% of the company's entire customer base.

But in recent weeks the Judge in charge of the case has supported the entertainment industry claim that Cox would boot users off the network -- then simply allow them to join again. This, US District Judge Liam O'Grady has argued, means that Cox didn't do enough to combat piracy, lost its safe harbor protections under the DMCA, and therefore could be held liable to the copyright infringement occurring on its network.

The $25 million Cox needs to pay comes out to roughly $18,000 for each of the 1,397 copyrights -- less than the statutory maximum of $150,000 Cox could have faced, but still something Cox will surely appeal. And other ISPs will be watching closely as well, given that should they lose safe harbor protections they'll be shoved -- harder than ever -- into the role of playing copyright nanny on their networks.


Most recommended from 88 comments



kdwycha
join:2003-01-30
Ruskin, FL

19 recommendations

kdwycha

Member

There Goes Everyones PII

Seems every ISP will likely hand over personal information to any entity that requests it now. The RIAA is a corporation not a government entity and one corporation should not hand PII over to an unaffiliated corporate entity without a court order from a judge.

Looks like going forward any lawsuit-o-matic firm weather legit or not will likely get your personal identifiable information to do with as they please weather you know you're infringing copyright or a granny with open wifi.

This opens up major issues for fake companies to issue fake copyright notices to ISP's in order to steal PII and initiate identity theft.

Then again when you have Comcast dumping your PII recklessly does it really matter.
six9
join:2001-12-03
Wake Forest, NC

15 recommendations

six9

Member

Just mind-blowing

Just how can Cox be responsible for what its users do? Oh wait....it goes to the whole "the bartender gets you drunk, therefore he's responsible for you getting in a wreck because you're too stupid not to drive" argument. This is about the silliest thing I have seen since AT&T adding a TV Fee to save customers money. Shouldn't those music entities go after the ones actually committing the piracy?

karlmarx
join:2006-09-18
Moscow, ID

14 recommendations

karlmarx

Member

Title II IS the answer

Sheesh, it's amazing how stupid the ISP's are. They fight Title II tooth and nail because they THINK it will lead to price controls, it won't. Now they are faced with liability for something THEIR USERS do.
What part of Title II are they so afraid of that they are willing to risk liabilities for their users. Title II CLEARLY states that the PROVIDER is NOT LIABLE for anything that happens on their network. A phone company CANNOT be held responsible if a phone is used in a crime. That gives the phone companies a 'hand's off' solution to ANY liability on their part. If they ISP's are smart, they will get themselves declared Title II, and they can completely absolve themselves of ANY of the AssAss attempts to force them to police their own networks.
joeMI
join:2006-08-15
Mcmillan, MI

11 recommendations

joeMI

Member

unconstitutional?

I'm not a lawyer but it makes me wonder how this is constitutional. How can there be a law requiring the ISP to disconnect someone without due process? As someone mentioned, it's just an accusation.

We need one innocent party to stand up and fight this.

IowaCowboy
Lost in the Supermarket
Premium Member
join:2010-10-16
Springfield, MA

6 recommendations

IowaCowboy

Premium Member

Customers should sue

Customers should fight back and sue for handing over their account information without a court order.

I know there are some laws out there which pertain to customer privacy, particularly in the financial services sector. Maybe we could claim ISPs as financial services under those regulations as they handle customer payments.

I'm surprised the EFF hasn't hit them on this yet.

I can't wait for the DMCA to sunset, I'm sure there will be a public uproar like SOPA.

Flyonthewall
@teksavvy.com

3 recommendations

Flyonthewall

Anon

Just place a disclaimer

We do not sniff your data, you are responsible for your own use. We just provide the connection.

Suing the ISP for something a user does, that STILL hasn't been proven in court does not seem like justice.

momoo
@rr.com

3 recommendations

momoo

Anon

federal jury

Click for full size
ass
do the people on the federal jury even have internet do they understand how it works ? liable the planet what a joke the usa is becoming a real police state what's next only what they want you to look at and down load can I make some one liable for putting a picture of my ass up on the internet