EFF: BMG v. Cox: ISPs Can Make Their Own Repeat-Infringer Policies, But the Fourth Circuit Wants A Higher “Body Count”
BMG v. Cox: ISPs Can Make Their Own Repeat-Infringer Policies, But the Fourth Circuit Wants A Higher “Body Count” Last week’s BMG v. Cox decision has gotten a lot of attention for its confusing take on secondary infringement liability, but commentators have been too quick to dismiss the implications for the DMCA safe harbor. Internet service providers are still not copyright police, but the decision will inevitably encourage ISPs to act on dubious infringement complaints, and even to kick more people off of the Internet based on unverified accusations. This long-running case involves a scheme by copyright troll Rightscorp to turn a profit for shareholders by demanding money from users whose computer IP addresses were associated with copyright infringement. Turning away from the tactic of filing lawsuits against individual ISP subscribers, Rightscorp began sending infringement notices to ISPs, coupled with demands for payment, and insisting that ISPs forward those notices to t...