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Cox Is Liable For Pirating Subscribers, Ordered To Pay $25 Million (torrentfreak.com)
An anonymous reader writes: A federal jury reached a verdict that Cox Communications must pay $25 million to BMG Rights Management for failing to disconnect subscribers accused of online piracy. TorrentFreak reports: "During the trial hearings BMG revealed that the tracking company Rightscorp downloaded more than 150,000 copies of their copyrighted works directly from Cox subscribers. It also became apparent that Cox had received numerous copyright infringement warnings from Rightscorp which it willingly decided not to act on.The case was restricted to 1,397 copyrighted works and a six-person jury awarded $25 million in damages. The award is lower than the statutory maximum, which would have been over $200 million."
Does Cox have the Balls to just block all traffic to BMG label sites and any other commercial entities with a presence on the net that are even loosely related to BMG? Because that'd be my first move.
If the Electric Power company is told by unofficial third parties (BMG et al) that their electricity is being used to power Cox Equipment on both the user and carrier side that is being used to download copyrighted materials, is the Electric Company also just as liable to tens of millions in damages for clearly supplying power to both the alleged perp and to the Cox internet connection utility?? It is the Same insane Logic! This is essentially a case of the gun maker being held responsible versus the person holding it and using the gun... This case will be overturned on appeal.
Cox should attain common carrier status. Then they would be immune to this. And their customers would benefit significantly.
The massive problem here is the judicial ruling that a third, non-government party can tell an ISP to disconnect a user simply based on suspicion of copyright violations and the ISP must comply. I have never seen anything like this, where someone who suspects wrongdoing is allowed to set a punishment outside of the judicial system.
There is an important point that requires interpretation. The question is, "are complaints which Rightscorp buried in a ton pf BS emails proper complaints under the DMCA?"
The most relevant law is the DMCA, which sets out procedures that should be followed in these instances. Unfortunately, most private individuals and many small businesses don't know how the procedure works. That's unfortunate because when everyone involved knows what they are supposed to do under DMCA, it generally works better than what happened before the DMCA. Here's the procedure :
The copyright owner files a complaint which includes certain specific facts.
The ISP forwards the complaint to the accused.
If the accused doesn't respond immediately the ISP takes temporary action based on the complaint (the accused hasn't denied the complaint) .
The accused may file a counter-claim with the ISP and have the action reversed.
The complainant (copyright holder) may then file suit in federal court.
The process is far from perfect, but one good thing is that the ISP isn't put into the role of judge. The ISP never decides who is right or wrong, if you say you're not infringing, they basically take you at your word. (And if the accused doesn't deny it, they have to aft as if the complaint is true.) The ISP only has to follow the process laid out in the law, and they can't be held liable. If they choose NOT to follow the DMCA process, they can be liable to either the copyright owner or the accused.
So that's the law. Rightscorp did file complaints. Therefore, by a strict reading of the law, the ISP must take appropriate action unless the other party denies the claim.
HOWEVER, Rightscorp sent a shit-ton of very questionable emails to the ISP, many of which did not meet the requirements to be a proper complaint under DMCA. The ISP's argument is as follows:
Rightscorp flooded us with bullshit emails.
Because Rightscorp did so, the ISP couldn't reasonably read them all and determine which ones were actual DMCA complaints containing the required details.
Because Rightscorp made it so difficult to dig through and find the properly formed complaints, the court should not require the ISP to respond to them.
Instead, the court should act as if Rightscorp never sent those complaints.
The ISP's reasoning is to some extent logical and fair. Rightscorp made it nearly impossible to respond to them all, then complained to the court about the results of their own actions.
On the other hand, Rightscorp did send some proper complaints, and Cox ignored those complaints. That makes Cox liable* if you just read the law while ignoring the BS that Rightscorp pulled.
So the legitimate question that does require judgement, interpretation, is this:
Is a complaint which the complainant buried in a ton of BS a proper complaint which must be responded to under DMCA?
That's not clearly specified in the law. Therefore, it is up to the court to decide.
* Apart from the issue above, Cox also asserts that Rightscorp is misreading the law. The law seems to have somewhat different requirements for ISPs which only -carry- the data temporarily through their network vs those which provide web hosting or similar services involving storage of the material. The language of the law isn't entirely crystal clear on which requirements apply to which type of service. Cox asserts that Rightscorp is trying to apply the requirements of ISPs who -host- web sites to them, while they only -carry- the traffic. It's not crystal clear - Cox may very well be right. Because the wording and structure of the law isn't crystal clear, a court must interpret the ambiguous structure to determine what it's supposed to mean.