No safe harbour status for Cox Communications

A US court has ruled that internet service provider (ISP) Cox Communications failed to an implement an anti-piracy policy, therefore disqualifying it from safe harbour status under the Digital Millennium Copyright Act (DMCA).

The dispute concerned a complaint filed by BMG Rights Management and Round Hill Music that Cox refused to terminate customers' accounts who were distributing copyright protected material via peer-to-peer networking.

ISPs are protected from copyright claims under the DMCA if they can demonstrate that they have a policy of terminating accounts that are found to be illegally sharing protected material.

BMG filed the complaint at the US District Court for the Eastern District of Virginia in October 2014.

“There is no genuine issue of material fact as to whether defendants reasonably implemented a repeat-infringer policy as is required of the DMCA,” Judge Liam O’Grady said in his order, published on November 19.

O’Grady was responding to BMG’s motion for a summary judgment arguing that Cox was not protected under the DMCA from liability for copyright infringement.

A trial determining whether Cox is liable for infringement is due to begin on December 2.