Judge Grants BMG Judgment in DMCA Suit Against Cox

In a decision that could have implications for other Internet service providers, a US District judge has granted in part and denied in part music rights company BMG's request for summary judgment in its suit against Cox alleging it was not sufficiently responsive to BMG's requests that it terminate the accounts of subscribers who repeatedly infringed its copyrights. ISPs have to respond to such requests to retain DMCA protection from copyright infringement claims themselves. BMG says Cox has not done that since its subs do not face a realistic threat of losing their accounts even for repeat infringements. Cox was unavailable for comment, but in its response to the court after the suit was filed, Cox countered that it vigorously enforces its infringer policy, takes a "graduated" approach to allegations, and that BMG (and Round Hill) mischaracterized that policy and might not have rights to the content they were asserting. Cox says that Rightscorp., which, acting for BMG and Round Hill, monitored and identified the infringement, was a shady operation that, with BMG and Round Hill's complicity, was exacting retribution through the suit for Cox's refusal to participate in a scheme to "shake down ISP customers for money without regard to actual liability," and trying to get ISPs to participate in that scheme.

The judge in a two-page summary of his upcoming decision denied Cox's motion, and upheld BMG's request for partial summary judgment, though it denied that of Round Hill's, saying it did not have exclusive rights to the copyrights at issue.