Record labels sue ISP for failing to tackle illegal downloads

Record labels including Sony Music and Capitol Records have sued internet service provider (ISP) Grande Communications for failing to disconnect its users who have allegedly illegally downloaded music.

The case was filed on Friday, 21 April, at the US District Court for the Western District of Texas.

According to the claim, Grande Communications “permitted repeat infringers to use the service”, despite being notified that its users had engaged in “more than one million infringements of copyrighted works” over the BitTorrent system.

The record companies claimed the ISP had received notices that 1,840 of its customers had engaged in infringement at least 100 times, with 656 customers generating more 500 infringement notices each.

Grande Communications offers broadband services to nine different networks throughout Texas. 

A company called Patriot provides general counsel services to Grande, according to the claim, and has “actual and ongoing specific knowledge of these repeat infringements”.

The record labels said that because Patriot provided services to Grande, it is equally liable for the ISP’s failure to comply with its legal responsibilities.

“Nonetheless, defendants have refused to take any meaningful action to discourage this wrongful conduct, let alone suspend or terminate the accounts of repeat infringers,” said the claim.

It added that the reason the defendants have not taken action is because it would cause the ISP to lose revenue from the subscription fees that the infringing customers pay.

The infringement in question relates to BitTorrent downloads, making it difficult to trace.

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