The major record companies have sued American internet service provider RCN over its copyright infringing customers.
The net firm, says the labels, failed to properly implement its own takedown and repeat infringer policies and therefore should not be allowed to rely on safe harbour protection to avoid liability for its users' infringement. And if that sounds very familiar, that's because this is pretty much a carbon copy of three existing lawsuits filed by the labels against three other American ISPs: Cox, Charter and Grande.
"Defendants operated RCN as a haven for infringement", the new lawsuit claims, adding that the net firm heavily promoted the high internet speeds it offers, something that would appeal to those looking to download lots of unlicensed content. "Defendants' material contribution to RCN's subscribers' infringement was both wilful and extensive, and it renders defendants liable for contributory copyright infringement", it then states.
Knowing RCN will immediately argue that the safe harbour in US copyright law specifically protects it from liability for contributory copyright infringement, the lawsuit goes on: "Although RCN purported to adopt a policy to address repeat infringers, RCN in reality never adopted or reasonably implemented a policy that provided for the termination of repeat infringers – despite receiving over five million infringement notices".
As a result, the lawsuit declares, that purported repeat infringer policy was a "sham" and "RCN's conduct renders it ineligible for safe harbour immunity from copyright liability under the Digital Millennium Copyright Act".
Posted on: 29/08/2019Categories: News from CMU Online
