BMG, Cox Clashing Over Supreme Court Decision's Place in Piracy Row

Cox Communications hasn't brought a First Amendment challenge to contributory copyright liability, so the Supreme Court's First Amendment rationale in its Packingham v. North Carolina decision in June isn't pertinent, BMG Rights Management said in a filing (in Pacer) Thursday in the 4th U.S. Circuit Court of Appeals. The filing was in response to Cox previously pointing to Packingham as part of its appeal of a U.S. District Court ruling in BMG Rights Management's torrent piracy lawsuit (see 1706270070). BMG said the First Amendment doesn't guarantee Cox subscribers the right to use Cox broadband service to commit piracy "any more than it prevents Cox from terminating subscribers who violate Cox’s policies or fail to pay their bills." It also said Packingham has no bearing on the issue of appropriate circumstances for ISPs terminating access of repeat infringers. Cox didn't comment Friday.