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.

FCC Says “We Are Back On The Right Track” – 2018 Broadband Report Declares Broadband Is Being Adequately Deployed To All Americans (But 24 Million Americans Lack 25/3 Mbps Broadband)

FCC Says “We Are Back On The Right Track” – 2018 Broadband Report Declares Broadband Is Being Adequately Deployed To All Americans (But 24 Million Americans Lack 25/3 Mbps Broadband)

Tony Veach
Broadband

The Federal Communications Commission has released the 2018 Broadband Progress Report, the first such report under Chairman Ajit Pai. For the first time since 2008 report, the FCC has concluded that broadband is being deployed on a reasonable and timely basis all Americans. That positive conclusion, however, comes with the following stipulation – the finding does not undermine the FCC’s continued commitment to closing the digital divide.

Chairman Pai Proposes Using Over $500 Million In Funding To Promote Rural Broadband Deployment – Part I

Chairman Pai Proposes Using Over $500 Million In Funding To Promote Rural Broadband Deployment – Part I

Tony Veach
Broadband, USF

According to a recent news release, Federal Communications Commission Chairman Ajit Pai has circulated an Order that will allocate over $500 million to promote rural broadband deployment. While the news release offers only general information on a few aspects of the item, presumably the FCC will use broadband reserve funds to address the current shortfall in high-cost universal service fund support.

Are State Regulatory Commissions Surveying Cybersecurity Practices Of Rural Broadband Providers?

Are State Regulatory Commissions Surveying Cybersecurity Practices Of Rural Broadband Providers?

Tony Veach
Cybersecurity, Broadband

Some state regulatory commissions have reportedly kicked off efforts to gather information on the cybersecurity practices of rural broadband providers operating within their states using a survey developed by the National Association of Regulatory Commissioners. The NARUC cybersecurity survey contains 100 questions seeking precise details on issues ranging from network vulnerability assessments to personnel background checks. Is this a fact-finding mission, or another case of regulatory creep? Or worse, will it create a treasure trove of data ripe for the taking?

A-CAM Companies Make Final Push For More Funding

A-CAM Companies Make Final Push For More Funding

Tony Veach
Broadband, USF

Over the last few weeks, various rate-of-return incumbent local exchange carriers that voluntarily transitioned to model-based universal service fund support have submitted ex parte letters urging the Federal Communications Commission to allocate additional funding from the high-cost reserves to the Alternative Connect America Cost Model. Specifically, A-CAM carriers want the FCC to fully fund the model – $200 of support per month, per location. The recent burst of advocacy is due to the FCC’s quickly approaching self-imposed December 31, 2017 deadline for deciding whether to increase total annual A-CAM support. However, A-CAM companies are not the only ones staking a claim to the reserve funds. Rate-of-return carriers operating under revised cost-based USF rules are in desperate need of additional funding to address the negative impact of the FCC’s high-cost budget. The FCC faces a difficult decision because there is a limited amount of high-cost reserve funds available for use, and allocating reserve funds to either group of carriers will result in increased broadband buildout in rural areas.

Pai’s Restoring Internet Freedom Order Will Repeal 2015 Net Neutrality Rules, Impose Transparency Requirements

Pai’s Restoring Internet Freedom Order Will Repeal 2015 Net Neutrality Rules, Impose Transparency Requirements

Tony Veach
Broadband, Net Neutrality

Federal Communications Commission Chairman Ajit Pai has circulated a  draft order that will roll-back the net neutrality rules adopted in the FCC’s 2015 Open Internet Order. In their place, the order imposes the transparency rule adopted by the FCC in the 2010 Open Internet Order, with certain modifications. The FCC is expected to adopt the order at its December 14th open meeting.

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.

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