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ExtraTorrent.cc > Articles > Court Ruled that ISP Willingly Failed to Disconnect Infringers

Court Ruled that ISP Willingly Failed to Disconnect Infringers

Court Ruled that ISP Willingly Failed to Disconnect Infringers

Added: Friday, December 4th, 2015
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, www.extratorrent.cc, 2015
The court explained why the Internet service provider Cox is not entitled to a safe harbor defense, ruling that the company willingly failed to disconnect repeat pirate customers. Of course, this precedent can have an enormous impact on all American ISPs.
1280px-Cox_Communications_28logo29.svg.th.png

Cox Communications is sued by BMG Rights Management. The latter accuses the broadband provider of failing to disconnect repeat pirates and claims that the ISP gave up its DMCA safe harbor protections due to this inaction. The court sided with the plaintiffs, which puts Cox at a severe disadvantage. Moreover, the company faces millions of dollars in damages.

The court explained it found enough evidence to conclude that the ISP failed to terminate the access of repeat infringers under appropriate circumstances. It turned out that the company had a policy in place to deal with repeat infringers, but in fact those pirates could be reconnected upon request and start over with a clean slate. Although Cox abandoned that unofficial reactivation policy back in 2012, it didn’t have a positive impact on the number of account terminations. According to statistics, the number of disconnections dropped sharply and amounted to less than one per month on average. Moreover, the court found that Cox prefers to keep frequently pirating customers because they bring a significant revenue.

In respond, the ISP argued that only court can decide that the account of a subscriber should be terminated, because rights owners’ complaints are not always accurate. However, the judge disagreed and pointed out that when an ISP has actual knowledge that a subscriber is a persistent pirate, their account should be terminated.

Thanks to TorrentFreak for providing the source of the article.


Posted by: 
SaM

Date:  Friday, December 4th, 2015



Comments (3) (please add your comment »)

1
posted by Blocked (2015-12-05 02:21:38)
Vinyl avatarhahhahaha Persistent Pirate

2
posted by Trusted UploaderSite FriendET loverSupermanmen (2015-12-05 17:46:15)
analogkid6103 avatarThis is not good. The enemy is getting stronger.

3
posted by (2015-12-08 07:57:03)
panzermick1942 avatarscrew the courts!!



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