Friday, June 18, 2021

More comments on the huge damage award against Cox for failure to have a termination policy for repeat copyright infringers


San Francisco 2018/9

Leonard French (Lawful Masses) discusses the amicus brief to which I linked on June 4 (with a June 9 update) regarding a huge jury award assessed on Cox Communications.

I understand that Cox has filed a countersuit against BMG and Rights Management regarding this case (Reuters). 

French discusses the points in EFF’s brief.  He does disagree with some of it, as if he seems to believe Cox could have promulgated a termination policy and enforced it, and is not without the ability to comply with the enforcement requirement.

But it seems to me that such a policy might be based on accusations, which might even be politically motivated (“cancel culture”) rather than actually proven infringements. 

This could become much worse if ISP’s started looking for infringing downloads on customer computers or cloud backups, for example.

EFF also correctly points out that larger households cause everyone to be at the risk of cutoff because of what one member or guest does (what about Airbnb?)   I wondered about this in late 2016 when I considered hosting asylum seekers, but later I found out that Comcast (which I had then) does have a way for residents or long term guests to have totally trackable subaccounts on Xfinity. (More on a Wordpress blog.).

This is also a bigger risk in areas with only one provider or little competition.

French said “Congress is not working too well right now” but it was up to Congress to fix this.

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