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EFF: Record Labels Shouldn't be Able to Cut Off Broadband Access

The EFF is ramping up its defense of Cox Communications, which is under fire from the recording industry for not kicking repeat copyright infringers off of the company's network. A court found Cox liable for $25 million in copyright infringement last yer after the ISP was sued by BMG Rights Management of Berlin and Round Hill Music of New York in late 2014. It's a case that has huge implications on the safe harbor protections ISPs enjoy, as well as on users that, well, like not being falsely accused of things and enjoy having a broadband connection that works.

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Cox is effectively being punished for refusing to participate in the entertainment industry's six strikes initiative, and the kind of shake downs being perpetrated by "copyright trolls" like Rightscorp, which threaten broadband subscribers with lawsuits if they don't pay up. Cox in court has likened this to harassment, and has refused 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 months 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.

But in a new blog post, the EFF notes that severing a users broadband connection is a horrible idea, in part because the evidence the music industry uses to determine guilt is often just an IP address. The EFF also notes that mistakes frequently occur in tracking down copyright infringers, like the time Rightscorp identified "a Grateful Dead song that was actually an article about a Grateful Dead performance."

"The only way to reliably determine when a subscriber is a repeat infringer is when that person has been found by a court of law to have repeatedly committed copyright infringement," notes the EFF. "The law should allow ISPs to insist on an adjudication of infringement before terminating someone’s Internet account."

Cox has appealed the ruling, and numerous ISPs have been obviously watching this case with great interest, concerned they'll be held liable for user behavior under this particular judge's heavily-criticized interpretation of the DMCA. Last month, the EFF, Public Knowledge, and the Center for Democracy and Technology urged the Court of Appeals for the Fourth Circuit to overturn a ruling that ISP Cox Communications was liable for copyright infringement.

"Like 'cutting off someone’s water,' terminating someone’s internet connection should be, at least, a measure of last resort," argues the EFF. "As Cox’s appeal continues, we hope this time the court gets it right."

Most recommended from 11 comments


Chubbysumo
join:2009-12-01
Duluth, MN
Ubee E31U2V1
(Software) pfSense
Netgear WNR3500L

8 recommendations

Chubbysumo

Member

I get the infringment notices every once in a great while

even though I don't torrent or download stuff, so I know that mistakes happen. I also view them as attempted extortion, since charter forwards the extortion racket part on to me as well. I will fully ignore them until they day they sue, and then I will counter sue for extortion and have them investigated for criminal racketeering and such, because lets face it, thats what these letters amount to. An IP is not a person in my district, so unless they ever get more proof, they would never dare open up a case against anyone in this district again for any type of copyright claim.

Anon308d8
@quadranet.com

8 recommendations

Anon308d8

Anon

ISP's should not be the DCMA enforcers

So, should the Road's department of the state or county be ones to take away a persons car who is busted for speeding multiple times? How about shutting down the bar that has served drinks to someone who has a couple of DUI's under their belt.

imanogre
join:2005-11-29
Smyrna, GA

7 recommendations

imanogre

Member

Would AT&T fight this court case?

I think not. Go COX! Kick some judicial donkey. Way to believe that someone is not guilty, until a court finds them guilty.