All in DMCA

Texas Court Rejects ISP’s Attempt to Dismiss Copyright Infringement Lawsuit – Grande Communications is Latest Broadband Provider Entangled in DMCA Litigation

Texas Court Rejects ISP’s Attempt to Dismiss Copyright Infringement Lawsuit – Grande Communications is Latest Broadband Provider Entangled in DMCA Litigation

Tony Veach
DMCA, Broadband, Copyright, ISPs

A Magistrate Judge for the U.S. District Court for the Western District of Texas, Austin Division, has issued a report and recommendation that rules on two motions to dismiss in UMG Recordings, Inc., et al., v. Grande Communications Networks, LLC, and Patriot Media Consulting, LLC. The case concerns a copyright infringement lawsuit filed by a vast group of owners of copyrighted music against Grande Communications, an Internet service provider located in Texas. Grande’s consultant is also named as a defendant in the suit. The pleadings and the Magistrate’s report address many of the same Digital Millennium Copyright Act issues involved in the Fourth Circuit’s recent decision in BMG v. Cox Communications.

Another Broadband Provider Battles DMCA Lawsuit - UMG Recordings v. Grande Communications

Another Broadband Provider Battles DMCA Lawsuit - UMG Recordings v. Grande Communications

Tony Veach
DMCA, Broadband, Copyright

Another Internet service provider is embroiled in a DMCA-related copyright infringement lawsuit brought by content owners and their copyright hitman Rightscorp. And, there is a neat twist to this lawsuit – the broadband provider’s consultant was also named as a defendant. The case is UMG Recordings, Inc., et al., v. Grande Communications Networks, LLC, and Patriot Media Consulting, LLC, and a U.S. Magistrate Judge recently issued a report and recommendation ruling on the defendants’ motions to dismiss. The pleadings and the Magistrate’s report address many of the same issues involved in the Fourth Circuit’s recent decision in BMG v. Cox Communications.

Following Fourth Circuit Decision in BMG v. Cox, Rightscorp Issues Warning to Every ISP in The U.S.

Following Fourth Circuit Decision in BMG v. Cox, Rightscorp Issues Warning to Every ISP in The U.S.

Tony Veach
DMCA, Copyright, Broadband, ISPs

Rightscorp, Inc. has issued a press release commenting on the Fourth Circuit Court of Appeals’ decision in BMG v Cox Communications, in which the Court affirmed a district court ruling that Cox is not entitled to a DMCA safe harbor defense but remanded the case for a new trial due to erroneous jury instructions. Rightscorp played an important part in the case, acting as BMG’s copyright enforcement agent and providing much of the evidence that doomed Cox. Rightscorp’s press release warns ISPs of a vast amount of data documenting infringements.

Fourth Circuit: No DMCA Safe Harbor For Cox, But New Trial Due To Error In Jury Instructions Concerning Contributory Infringement Standard

Fourth Circuit: No DMCA Safe Harbor For Cox, But New Trial Due To Error In Jury Instructions Concerning Contributory Infringement Standard

Tony Veach
DMCA, Copyright, Broadband

The Fourth Circuit Court of Appeals has released its decision in BMG v Cox Communications, an appeal involving secondary liability for copyright infringement. The case has been closely followed by Internet service providers, the content industry, attorneys, academics, and copyright and cyberlaw experts – generally anyone interested in copyright and the Internet. The Fourth Circuit affirmed the district court’s ruling that Cox is not entitled to a DMCA safe harbor defense, but remanded the case for a new trial because the lower court incorrectly instructed the jury on the standard for contributory infringement.

Fourth Circuit Considers BMG v. Cox Communications Copyright Infringement Appeal – Part II: Summary Judgment Strips Cox of DMCA Safe Harbor

Fourth Circuit Considers BMG v. Cox Communications Copyright Infringement Appeal – Part II: Summary Judgment Strips Cox of DMCA Safe Harbor

Tony Veach
DMCA, Broadband, Copyright

The U.S. Court of Appeals for the Fourth Circuit is currently reviewing BMG Rights Management (US) LLC v. Cox Communications, Inc., an appeal of a decision in a copyright infringement lawsuit. The case has been monitored closely by copyright attorneys and ISPs. Its outcome could have major ramifications on the fight against online piracy and the duty of ISPs to act as copyright police for the content industry. This blog post summarizes the lower court’s summary judgment decision which stripped Cox Communications of its DMCA safe harbor defense.

Fourth Circuit Hears Oral Argument in BMG v. Cox Copyright Infringement Appeal – Part I: Background of The Case Below

Fourth Circuit Hears Oral Argument in BMG v. Cox Copyright Infringement Appeal – Part I: Background of The Case Below

Tony Veach
Copyright, DMCA

On October 25th, the U.S. Court of Appeals for the Fourth Circuit heard oral arguments in BMG Rights Management (US) LLC v. Cox Communications, Inc., an appeal of a decision in a copyright infringement lawsuit. The case has been monitored closely by copyright attorneys and Internet service providers because its outcome could have major ramifications on the fight against online piracy and the duty of ISPs to act as copyright police for the content industry. This blog post reviews the general background of the case below that led to the appeal. Subsequent blog posts will cover the lower court’s decision and the oral argument.

Does the Recent Supreme Court Decision in Packingham Implicate ISPs’ Duty to Terminate Internet Access to Repeat Infringers Under the DMCA?

Does the Recent Supreme Court Decision in Packingham Implicate ISPs’ Duty to Terminate Internet Access to Repeat Infringers Under the DMCA?

Tony Veach
DMCA, Copyright

On June 19, 2017, the U.S. Supreme Court issued an opinion in Packingham v. North Carolina, striking down a North Carolina law that prohibited registered sex offenders from accessing social networking web sites that are used by minors. The Court invalidated the law because it “impermissibly restricts lawful speech in violation of the First Amendment.” Shortly after release of the opinion, various copyright experts and attorneys suggested the decision implicates the safe harbor provision in the Digital Millennium Copyright Act that requires Internet service providers to terminate Internet access service to repeat copyright infringers.