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| Richmond, VA, downtown, 2015/9 |
Leonard French reports that an ISP must pay $1 billion
for a user’s copyright infringement, according to a judgment involving a
Virginia user entered Dec. 19, 2019.
The reason for the judgment is that Cox did not
enforce a repeat infringer policy (under the letter of the law of DMCA Safe
Harbor), which Cox had set at 13 (not 3) strikes.
The judgment is under appeal in the 4th
Circuit (Richmond VA) with a request for a bond deposit.
It is not illegal not to have a repeat infringer
policy, but an ISP (telecom style) is liable if there is a repeat infringer with
takedowns and the ISP didn’t have a policy and enforce it.
It is not clear from the video how the infringement
happened. I don’t think you need an ISP
for Bit Torrent if you set everything up yourself. The plaintiff was Sony Music and normally
infringement is detected from hashtag watermarks.
There has been some suggestion that this liability
would not exist if Obama-era net neutrality were in place.
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