Aug 15 (Reuters) - Internet service provider Cox
Communications asked the U.S. Supreme Court on Thursday to
review a ruling that held the company responsible for its users'
music piracy and led to a $1 billion verdict for a group of
major record labels against the ISP.
Cox argued that the decision to hold it liable for piracy of
thousands of songs from labels including Sony Music,
Universal Music Group and Warner Music Group ( WMG )
had created "confusion, disruption, and chaos on the internet,"
according to a copy of the petition provided by the company.
The 4th U.S. Circuit Court of Appeals in February upheld
part of a jury verdict that Cox committed secondary copyright
infringement by failing to address user piracy, while also
throwing out a $1 billion award for the labels and ordering a
new trial to redetermine the amount of damages that Cox owed for
the infringement.
"We look forward to responding to Cox's petition, which on
first read is substantively meritless," the labels' attorney
Matt Oppenheim of Oppenheim + Zebrak said. Oppenheim said that
the labels would file their own Supreme Court challenge on
Friday seeking to reinstate the billion-dollar verdict.
Cox spokesperson Todd Smith said its Supreme Court petition
"aims to protect users' privacy and avoid unintended
consequences that will harm innocent and non-infringing
consumers."
More than 50 labels teamed up to sue Cox in 2018. They
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 owed $1 billion in
damages for its customers' violations of more than 10,000 music
copyrights.
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 told the Supreme Court
on Wednesday that it should not be liable for infringement at
all.
Cox said that it could only avoid liability under the lower
court decisions by terminating internet service for "entire
households, coffee shops, hospitals, universities, and even
regional - the internet lifeline for tens of thousands of
homes and businesses - merely because some unidentified person
was previously alleged to have used the connection to infringe."
Read more:
Cox to pay $1 billion to music labels, publishers over
piracy infringement
Cox Communications wins order overturning $1 billion US
copyright verdict
Cox, music labels lose bid for new appeal in billion-dollar
copyright case
(Reporting by Blake Brittain in Washington)