The music companies’ case against the US ISP was won in the US District Court for the Eastern District of Virginia on Thursday (December 19) and decided by a jury.
Cox was found to have infringed a total of 10,017 works and has been fined $99,830.29 for each one.
In a statement issued following the decision, the ISP called the judgement ‘unwarranted, unjust and an egregious amount’ and added that it plans to appeal.
The case against Cox was launched by Sony, Universal and Warner last year, with the company accused at the time of having ‘knowingly contributed to, and reaped substantial profits from, massive copyright infringement committed by thousands of its subscribers’.
The lawsuit followed BMG’s settlement in August 2018 for its own copyright infringement case against Cox.
NMPA President David Israelite said in a statement that the outcome of the case ‘serves as a warning to those who willingly turn a blind eye and enable their users to share music illegally’.
“Unfortunately, some customers have chosen to use that connection for wrongful activity. We don’t condone it, we educate on it and we do our best to help curb it, but we shouldn’t be held responsible for the bad actions of others.”
Cox communications
Responding to the judgement, Cox Communications said: “The judgement is unwarranted, unjust and an egregious amount. We plan to appeal the case and vigorously defend ourselves.
“We provide customers with a powerful tool that connects to a world full of content and information. Unfortunately, some customers have chosen to use that connection for wrongful activity.
“We don’t condone it, we educate on it and we do our best to help curb it, but we shouldn’t be held responsible for the bad actions of others.”
“Today’s victory on behalf of music publishers and record labels who own over 10,000 copyrights is a clear message to ISPs like Cox who refuse to take responsibility for infringers on their networks.”
David Israelite, NMPA
NMPA President & CEO David Israelite said: “Today’s victory on behalf of music publishers and record labels who own over 10,000 copyrights is a clear message to ISPs like Cox who refuse to take responsibility for infringers on their networks.
“The jury found that Cox was liable for its subscribers’ infringement to the tune of $1 billion dollars which serves as a warning to those who willingly turn a blind eye and enable their users to share music illegally.
“Cox received hundreds of thousands of notices of infringement and did not adequately respond or comply with its obligations to stop its subscribers from infringing on peer to peer networks.
“Cox had the right and ability to prevent the continued harm to music creators and it chose its own profits over complying with the law.”
“The jury’s verdict sends a clear message – Cox and other ISPs that fail to meet their legal obligations to address piracy on their networks will be held accountable.”
Kenneth L. Doroshow, Chief Legal Officer of the Recording Industry Association of America (RIAA), issued the following statement: “The jury’s verdict sends a clear message – Cox and other ISPs that fail to meet their legal obligations to address piracy on their networks will be held accountable.
“The jury recognized these companies’ legal obligation to take meaningful steps to protect music online and made a strong statement about the value of a healthy music ecosystem for everyone – ranging from creators to fans to the available outlets for legitimate music consumption.”Music Business Worldwide
