Cox fights against billion dollar damages award in Supreme Court copyright battle

American ISP Cox Communications Seeks Supreme Court Review in Copyright Battle

American internet service provider Cox Communications has requested the US Supreme Court to reevaluate the ruling in its legal dispute with major record labels, which originally resulted in a billion-dollar damages decision. The company argues that this ruling could lead to significant repercussions, potentially leaving whole regions of the US without internet access.

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Cox Communications has petitioned the Supreme Court to scrutinize a copyright infringement case that it believes poses a threat to internet accessibility for Americans. Todd Smith from the company emphasizes the potential impact, stating that the ruling could fundamentally alter how internet service providers manage their networks.

The ISP was found responsible for copyright infringement committed by its users through illegal file-sharing of major record labels’ recordings. Cox contends that this sets a dangerous precedent, as it forces ISPs to exercise extreme caution whenever copyright infringement allegations are made, increasing the risk of users losing their internet privileges. Despite the low scale of infringement among its user base, Cox claims that its anti-piracy efforts have been largely effective.

In its court filing, Cox employs dramatic language to convey the consequences of complying with the ruling, suggesting that entire households, coffee shops, hospitals, universities, and regional internet providers could face disconnection over minor infractions such as downloading two tracks. The company paints a bleak picture, warning that individuals like Grandma could be deprived of internet access due to others’ actions, emphasizing the disproportionate punishment of losing internet connectivity for downloading a couple of songs.

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Cox reiterates that less than 1% of its subscribers engage in sharing infringing music files, with 95% of that fraction ceasing such activities due to the ISP’s anti-infringement measures. The company has previously argued against the record labels, emphasizing the far-reaching consequences of the ruling and how it could affect individuals’ daily activities and online presence.

During the original trial, Cox was revealed to have only paid lip service to its own copyright regulations in the early 2010s, leading to its inability to rely on copyright safe harbor protections to avoid liability. The record labels are expected to counter Cox’s arguments by highlighting the existence of practical anti-piracy measures that ISPs can implement to mitigate liability without resorting to widespread internet disconnections.

Furthermore, Cox asserts that the implications of this legal battle extend beyond ISPs, as record labels are now targeting downstream online service providers, from web hosting companies to payment processors and search engines. This trend aligns with the increased pressure on various internet services to combat piracy effectively.

As Cox awaits the Supreme Court’s decision on whether to review the case, the company remains hopeful that its concerns about the possible ramifications of the ruling will be addressed at a higher judicial level. The outcome of this potential review will determine the future course of action for ISPs and other online service providers facing similar copyright challenges.



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