Music Labels' Vicarious Liability Claim Lacks Basis, Charter Tells Court

The argument Charter Communications is complicit in copyright infringement due to piracy by its internet subscribers "stretches vicarious liability beyond the breaking point," it said in a motion to dismiss the vicarious liability claim (in Pacer, docket 19-cv-00874) filed Tuesday in U.S. District Court in Denver. It said the music label and publisher plaintiffs' contributory infringement claim also will fail since they can't prove direct infringement of their copyrights but that it was challenging only vicarious liability in the motion. It said the vicarious liability claim lacks any plausible allegation Charter directly saw financial benefit from the alleged infringing activity or that it can control that alleged infringement since it can't monitor and control its subscribers' internet use. Outside counsel for the music industry plaintiffs didn't comment Wednesday. Some of the same plaintiffs suing Charter (see 1903250004) also are suing cable ISPs Grande Communications (see 1802080001) and Cox Communications (see 1808020009).