Grande Disputes Cox Decision's Relevance to Music Labels' Claims

The 4th Circuit Court of Appeals' BMG v. Cox is of limited relevance to issues before U.S. District Court in Austin and doesn't support a variety of music labels in their opposition to Grande Communications' pending motions to dismiss, Grande said in a docket 17-cv-365 response (in Pacer) last week, replying to the labels' filing of supplemental authority pointing to the decision (see 1802080001). The cable operator said Cox doesn't address a "fatal" deficiency in the plaintiffs' claims -- the failure to allege facts showing specific instances of underlying direct copyright infringement by any Grande subscribers. Grande said even under the "willful blindness" intent standard allowed in Cox, labels didn't state a claim for contributory infringement and don't show a willful blindness to any actual instance of infringement.