Cox Argues Case for Appeal of BMG Torrent Piracy Verdict

Calling itself merely "an onramp to the Internet" that doesn't store material or control subscribers' content, Cox Communications in a reply brief (in Pacer) filed Friday in 4th Circuit U.S. Court of Appeals said BMG is arguing "a novel regime" where conduit ISPs are liable for not immediately terminating identified subscribers after receiving millions of automated infringement allegations. Saying it was entitled to judgment, or at least a new trial, the ISP said BMG hasn't shown any proof that it had actual knowledge of or willful blindness to specific infringing acts, the standard set in the Supreme Court's Sony v. Universal City Studios decision. The cable firm -- appealing a U.S. District Court ruling in BMG Rights Management's torrent piracy lawsuit against the cable company (see 1608190030) -- said BMG's interpretations of the Digital Millennium Copyright Act would require Cox to monitor what data accused subscribers are sharing and adjudicate if they committed copyright infringement -- information that automated copyright notices from Rightscorp didn't convey. The cable company also said the lower court's failure to offer any Sony instructions about the noninfringing uses of Cox's Internet service warrant a reversal and that the Supreme Court's MGM v. Grokster decision precludes contributory liability. Counsel for BMG didn't comment Monday.