Aug 13

Aug 13 Update on UMG v. Grande Communications: UMG’s Files Summary Judgment Motion To Strip Grande of DMCA Safe Harbor Defense

In 2017, some of the largest record companies in the U.S. filed a copyright infringement lawsuit against Grande Communications Networks, LLC, a Texas-based Internet service provider, alleging Grande broadband subscribers repeatedly infringed copyrighted works by reproducing and distributing them using BitTorrent. The record companies claim Grande is secondarily liable for these infringements because Grande does not follow its DMCA policy by terminating subscribers who are repeat infringers. The record companies have moved for summary judgment, seeking to strip Grande of its Section 512 DMCA safe harbor from secondary copyright infringement liability.

Jul 13

Jul 13 New Ambitious Performance Testing Framework For Fixed Broadband Providers Receiving USF Support

Tony Veach

Broadband, ISPs, USF

The Federal Communications Commission has released an Order setting a framework for measuring speed and latency performance for broadband providers that receive high-cost universal service fund support to serve fixed locations. Broadband provides must conduct the required testing using one of three options, and submit their results annually. Failure to comply will result in a loss of support.

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

Mar 6

Mar 6 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.

Mar 1

Mar 1 Human Trafficking Prevention Act Would Require Kansas ISPs to Filter The Internet

Tony Veach

Broadband, ISPs, First Amendment

The Human Trafficking Prevention Act has been introduced in the Kansas legislature and referred to the state’s Senate Judiciary committee. It is similar to other bills being considered in numerous states across the U.S. this year (as well as last) that would mandate obscenity filters for the Internet.

Feb 12

Feb 12 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.

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