Labels Trying to Replace Secondary Copyright Liability: Cox

Music label plaintiffs want a legal regime where ISPs terminate any connection accused once of infringement, replacing "the flexible, fault-based doctrines of secondary copyright liability with notice-and-terminate," defendant-appellant Cox Communications told the 4th U.S. Circuit Court of Appeals in a reply brief Wednesday (in Pacer, docket 21-1168). It's appealing a U.S. District Court upholding a jury's $1 billion verdict (see 2101130025). Cox said it didn't directly profit from subscribers' copyright infringement, and plaintiffs don't dispute courts have widely said a set-up fee and flat periodic payments don't constitute a benefit here. The cable operator denied it could monitor in real time the activity of its 6 million broadband subscribers. Counsel for the plaintiff-appellees didn't comment.