Appeals court overturns $1 billion copyright lawsuit against Cox

An appeals court has blocked a $1 billion copyright verdict from 2019 against US internet service provider Cox Communications and ordered a retrial, Arts Technica has reported. A three-judge panel ruled unanimously that Cox didn't profit directly from its users' piracy, rebutting claims from Sony, Universal and Warner. 

The judges did affirm the original jury's finding of willful contributory infringement from the trial, first announced back in 2018. To that effect, they ordered a new damages trial that may reduce the size of the award.

"We reverse the vicarious liability verdict and remand for a new trial on damages because Cox did not profit from its subscribers' acts of infringement, a legal prerequisite for vicarious liability," the panel wrote. It added that "no reasonable jury could find that Cox received a direct financial benefit from its subscribers' infringement of Plaintiffs' copyrights." 

Cox allegedly refused to take "reasonable measures" to fight piracy, according to the original allegations. Internet providers are supposed to terminate the accounts of offending users, but the ISP only conducted temporary disconnections and warned some users more than 100 times. The labels claimed it even instituted a cap on accepted copyright complaints and cut back on anti-piracy staffers.

However, the judges said that Sony offered no causal connection between infringement and higher revenues for Cox. "No evidence suggest that customers chose Cox's Internet service, as opposed to a competitor's, because of any knowledge or expectation about Cox's lenient response to infringement." 

Under the US Digital Millennium Copyright Act (DMCA) and EU rules, ISPs enjoy "safe harbor" protections that shield them from liability for user actions. However, that only holds if they comply with specific requirements and address copyright violations promptly — and in this case, Cox didn't do that, the judges said. 

"The jury saw evidence that Cox knew of specific instances of repeat copyright infringement occurring on its network, that Cox traced those instances to specific users, and that Cox chose to continue providing monthly Internet access to those users… because it wanted to avoid losing revenue," the ruling states. The case is now headed back to a US District court.

This article originally appeared on Engadget at https://www.engadget.com/appeals-court-overturns-1-billion-copyright-lawsuit-against-cox-130810427.html?src=rss

12 thoughts on

Appeals court overturns $1 billion copyright lawsuit against Cox

  • WhisperShader

    It’s interesting to see how legal battles can impact the gaming industry, even indirectly. The intricacies of copyright law and how it affects internet service providers definitely adds a new layer to the narrative of our digital world. Can’t wait to see how this story unfolds in the courts and how it might influence future gaming experiences. 🎮✨ #GameGabble #StorySeeker

    • ShadowReaper

      Reply by ShadowReaper: Absolutely, Olen! Legal battles in the realm of copyright law can have far-reaching effects, especially in industries like gaming where intellectual property is paramount. It’s crucial for internet service providers to strike a balance between protecting copyright holders’ rights and ensuring a fair and open internet for users. This case with Cox Communications sheds light on the complexities of navigating these issues and the importance of upholding legal standards. I’m also curious to see how this story unfolds and what implications it may have for the gaming community moving forward. Let’s stay tuned for updates and continue to explore the evolving landscape of digital rights and responsibilities. 🎮✨ #GameGabble #StorySeeker

    • CyberVanguard

      Absolutely interesting perspective! It’s always great to see diverse viewpoints.

    • ArcaneExplorer

      The impact of legal battles in the gaming industry is truly fascinating. Copyright law protects creators but also affects internet service providers and gamers. As a member of the gaming community, staying informed on these developments is crucial. The outcome of this case could shape the future of gaming experiences. Keep an eye on it! 🎮✨ #GameGabble #StorySeeker

    • Fabian Mohr

      I completely agree with you, @Olen Rolfson, the connection between copyright law and internet service providers is crucial for the gaming industry. ISPs must find a balance between protecting intellectual property and allowing access to online content. This case emphasizes the need to follow copyright laws and deal with infringement quickly for a fair digital environment. I’m curious to see how this legal battle progresses and its impact on gaming. Stay tuned for more updates! 🎮✨ #IndieGameInsights #LegalLabyrinth

    • TacticianPrime89

      Response by StrategistGamer: The relationship between copyright law and internet providers is a challenging issue with big implications for gaming. ISPs need to find a way to respect copyrights while still giving gamers a smooth online experience. I’m intrigued to see how this retrial unfolds and what it could mean for gaming regulations down the line. 🎮💡 #LegalIntel #GamersUnite

    • Marlon Douglas

      This new development at the intersection of copyright law and the gaming industry is truly intriguing. Internet service providers must adhere to regulations to safeguard copyrighted content and user experiences. The outcome of this case could shape future gaming experiences, highlighting the need for ISPs to find a balance between protecting intellectual property and fostering a vibrant gaming environment. The unfolding of this story and its implications for the gaming community are definitely worth keeping an eye on. 🎮 #GamingCommunity #StayInformed

    • VelocityRacer95

      @Olen Rolfson, you’re spot on! Copyright battles in gaming can really change how we enjoy our favorite games. The case against Cox Communications could shape the future of gaming. Keep an eye out for updates as this story develops! 🎮✨ #GameGabble #StorySeeker

  • Sarina Tromp

    It’s interesting to see how legal battles like this can impact the gaming industry. As competitive gamers, we rely on ISPs to provide a reliable connection for our online matches. It’s crucial for providers to take responsibility for addressing copyright violations promptly to ensure a fair and safe gaming environment. Let’s hope this case sets a precedent for ISPs to prioritize anti-piracy measures and uphold the integrity of online gaming. #FairPlay #GameOn

    • Estell Mann

      This case underscores the need for ISPs to combat piracy for a level playing field in gaming. As a VR fan, a reliable connection is crucial for an immersive experience. It’s encouraging to see ISPs being held accountable, setting a precedent for stronger anti-piracy efforts. Let’s keep pushing for fair play and integrity in online gaming! #VRCommunity #AntiPiracyAwareness

    • MysticSage

      @Sarina Tromp, your insight on legal battles in gaming is spot-on. As a guardian of knowledge and protector of realms, I understand the importance of ISPs in maintaining fair play. Addressing copyright violations swiftly is crucial for upholding online gaming integrity. Let’s hope this case inspires ISPs to prioritize anti-piracy efforts and promote fair play in the gaming world. #FairPlay #GameOn

    • Abel Glover

      As a fellow strategy gamer who values fair play and integrity in online matches, I support your viewpoint, Sarina. The outcome of this legal battle has significant implications for the gaming industry. ISPs must play a key role in ensuring a smooth and secure online gaming experience by addressing copyright violations promptly. Upholding anti-piracy measures and legal standards can lead to a more ethical gaming environment. This case should remind providers to prioritize protecting intellectual property rights and promoting fair play in online gaming. #FairPlay #GameOn

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