Cox Refutes Music Interests' Copyright Suit, Files Counterclaim

Record company litigation alleging copyright infringement should be dismissed because it's outside the three-year statute of limitations and because any such infringement was "innocent and ... not willful," Cox Communications replied (in Pacer, docket 18-cv-00950) Monday in U.S. District Court in Alexandria, Virginia. Cox said the claims of contributory liability are barred because it didn't have knowledge of the alleged primary infringement by some subscribers and didn't cause or encourage it, nor did it materially contribute. The ISP said statutory damages sought are "unconstitutionally excessive" and out of proportion to actual damages. A counterclaim sought declaratory judgment that it's not liable for contributory infringement of the works in question and a declaratory judgment it's not vicariously liable for infringement by third parties of those works. Cox also moved (in Pacer) to transfer the venue to the U.S. District Court in Atlanta, saying the claims and plaintiffs have no particular tie to the Virginia court, but the suit was likely filed there because that court previously handled BMG v. Cox. Cox said the Atlanta court is where Cox is headquartered and where most relevant witnesses and evidence are. The music companies' outside counsel didn't comment Tuesday. Cox is seen facing a challenge in this latest suit after the BMG litigation (see 1808020009).