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posted by cmn32480 on Tuesday February 21 2017, @01:57AM   Printer-friendly
from the ouch-that-hurts dept.

A federal judge has ordered (PDF) Cox Communications to pay a bruising $8 million in legal fees to BMG Rights Management after the ISP lost a landmark case over Internet piracy.

The legal case began in 2014, when music publishers BMG and Round Hill Music took the long-threatened step of actually suing a major Internet provider for its users' infringement, saying that Cox didn't do enough to stop the piracy. BMG and Round Hill were both clients of Rightscorp, an anti-piracy outfit that produces millions of e-mail notices to consumers alleged to have infringed its clients' copyrights by using BitTorrent software. Rightscorp warns ISPs that if they don't forward the notices to subscribers, they're risking a massive lawsuit.

Turns out, in this case, the threat was real. After a year of litigation, the case went to trial in December 2015. Before the trial, the judge had already ruled that Cox unlawfully blew off key provisions of the Digital Millennium Copyright Act and so wasn't protected by its "safe harbor" against litigation. The jury found against Cox and ordered the cable company to pay $25 million. That result is now on appeal, but in the meantime, US District Judge Liam O'Grady considered various post-trial motions, including one in which BMG requested legal fees.

O'Grady chose to award BMG $8.38 million in attorneys' fees, which is 80 percent of what the company asked for. BMG's motion for "nontaxable expenses" like travel expenses and expert witness fees, which asked for nearly $3 million, was denied. BMG's request for court costs such as transcripts, copies, and filing fees was granted, with the judge finally arriving at $146,790.76 after making various deductions.

Source:
https://arstechnica.com/tech-policy/2017/02/cox-must-pay-8m-in-fees-on-top-of-25m-jury-verdict-for-violating-dmca/


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  • (Score: 4, Informative) by Runaway1956 on Tuesday February 21 2017, @03:44AM

    by Runaway1956 (2926) Subscriber Badge on Tuesday February 21 2017, @03:44AM (#469560) Journal

    Where have I heard that name before?

    http://www.mintpressnews.com/judge-rules-isps-not-obligated-reveal-customers-use-online-file-sharing-services/201896/ [mintpressnews.com]

    A federal court in Georgia has quashed a broad DMCA subpoena which required local Internet provider CBeyond to reveal the identities of alleged BitTorrent pirates. The magistrate judge ruled that ISPs don't have to hand over personal information as they are not storing any infringing material themselves.

    https://arstechnica.com/tech-policy/2015/05/small-isp-stands-up-to-rightscorps-piracy-fishing-expedition-and-wins/ [arstechnica.com]

    Small ISP stands up to Rightscorp’s “piracy fishing expedition” and wins
    A Rightscorp DMCA subpoena, asking for 71 subscriber identities, is thrown out.

    “Our first order of business when anyone requests access to a customer’s private information is to refuse, absent a valid subpoena or court order, which we then scrutinize as we did with Rightscorp’s illegal subpoena in this matter,” said Christopher Bunce, Senior VP and GC for Birch, in a press statement about the matter sent out today. "Rightscorp’s attempt to gain access to our customers’ data was in essence a piracy fishing expedition."

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