Cox Communications to pay $8.4m attorneys’ fees in BMG clash

17-02-2017

Cox Communications to pay $8.4m attorneys’ fees in BMG clash

Dian_S_Cahya / iStockphoto.com

Internet service provider (ISP) Cox Communications has been ordered to pay music company BMG Rights Management nearly $8.4 million in attorneys’ fees in a piracy dispute.

In 2015, WIPR reported that Cox had been ordered to pay $25 million in damages after it failed to introduce an anti-piracy mechanism for its service.

A jury at the US District Court for the Eastern District of Virginia ruled that Cox was liable for direct and contributory copyright infringement in its dispute with BMG.

The jury also ruled that Cox had wilfully infringed BMG’s copyright.

The month before, WIPR’ssister site TBO reported that the district court had removed Cox’s safe harbour status under the Digital Millennium Copyright Act (DMCA) because it had failed to implement an anti-piracy policy.

ISPs are protected from copyright infringement claims under the DMCA if they can demonstrate that they have a policy of terminating accounts that are found to be illegally sharing protected material.

In August 2016, WIPR reported that Cox had announced its intent to appeal against the decision. It filed its appeal in November.

Then, in December, BMG filed its response to the appeal at the US Court of Appeals for the Fourth Circuit.

The music company claimed that Cox didn’t address the conduct for which it was found liable in its appeal.

“Instead, Cox proposes radical reinterpretations of both contributory infringement law and the DMCA that have never been accepted by any court and that would immunise Cox and its fellow conduit ISPs from secondary liability for online copyright infringement,” said the response.

On February 14, Judge Liam O’Grady of the Eastern District of Virginia, Alexandria Division ordered Cox to pay BMG nearly $8.4 million in attorneys’ fees in a memorandum opinion.

The opinion only dealt with the parties’ motions for attorneys’ fees and costs.

BMG’s motions for attorneys’ fees and costs was denied in part and granted in part. 


Did you enjoy reading this story? Sign up to our free daily newsletters and get stories like this sent straight to your inbox.

Cox Communications, BMG Rights Management, US District Court for the Eastern District of Virginia, DMCA, attorneys’ fees, costs, copyright,

WIPR