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4th Circuit had tossed verdict for record labels over Cox

user

infringement

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Appeals court rejects rehearing requests from both Cox and

labels

By Blake Brittain

March 19 (Reuters) - Cox Communications and a

group of major record labels, including Universal Music Group

, Warner Music Group ( WMG ) and Sony Music,

failed to convince a U.S. appeals court on Tuesday to reconsider

a decision that overturned the labels' $1 billion copyright

verdict against the internet service provider.

In a three-page order, the 4th U.S. Circuit Court of Appeals

rejected the labels' request to reinstate the award as well as

Cox's request to find that it was not liable for its users'

copyright infringement.

A Cox spokesperson declined to comment on the decision.

Representatives of the labels did not immediately respond to

requests for comment.

More than 50 labels teamed up to sue Cox in 2018, in a test

of ISPs' obligations to thwart piracy. The labels accused Cox of

failing to address thousands of infringement notices, cut off

access for repeat infringers or take reasonable measures to

deter pirates.

A Virginia jury found in 2019 that Cox, the largest unit of

privately owned Cox Enterprises, was responsible for its

customers' violations of more than 10,000 music copyrights and

owed $1 billion in damages.

The 4th Circuit said in February that the award could not

stand, reversing part of the infringement verdict and remanding

the case for a new trial on damages.

Cox asked the appeals court earlier this month to rehear the

case, arguing that it should not have been held liable for

infringement at all.

Under the decision, "if an ISP receives more than one

accusation that some anonymous person used a specified internet

connection to download infringing songs, it can avoid liability

only by swiftly throwing every person in that home or business

off the internet," Cox said.

The labels told the 4th Circuit that Cox had forfeited its

challenge to the award by requesting the type of "unitary

per-work" damages that the the jury was instructed to grant.

"When the District Court is asked to take a step in a case

and complies with such request, the appellant cannot later

challenge that decision," the labels told the appeals court.

The case is Sony Music Entertainment v. Cox Communications

Inc, 4th U.S. Circuit Court of Appeals, No. 21-1168.

For the record labels: Matthew Oppenheim, Scott Zebrak and

Jeffrey Gould of Oppenheim + Zebrak; Catherine Stetson of Hogan

Lovells

For Cox: Joshua Rosenkranz, Mark Davies and Christopher

Cariello of Orrick Herrington & Sutcliffe; Michael Elkin and

Jennifer Golinveaux of Winston & Strawn

Read more:

Cox Communications wins order overturning $1 billion US

copyright verdict

Cox, record labels duel over billion-dollar US copyright

verdict