Today, Public Knowledge filed an amicus curiae brief with the U.S. Supreme Court in the case Cox v. Sony. The brief argues that broadband providers should not be liable for continuing to provide service to users, and should not be forced to disconnect their customers based on unverified suspicions of copyright infringement.
The brief explains that the Eastern District Court of Virginia misconstrued the law when it found that Cox was liable for secondary copyright infringement. The district court found that, by failing to swiftly disconnect users accused by mammoth record labels of copyright infringement, Cox itself became liable for those users’ actions – even though the statute says otherwise. A jury awarded $1 billion in statutory damages, the largest award of statutory damages for copyright infringement ever handed down, and the Fourth U.S. Circuit Court of Appeals upheld the decision.
If affirmed by the Supreme Court, this ruling will set a dangerous precedent, causing broadband providers to cut off users more frequently, with less cause, in an effort to avoid the possibility of having to pay such hefty damages. This is particularly concerning as it could result in many Americans losing their only internet connection. There is little competition in the broadband industry; over one-third of Americans only have one broadband provider available to them.
The following may be attributed to Meredith Rose, Senior Policy Counsel at Public Knowledge:
“Right now, three record labels worth a combined hundred billion dollars are telling the Supreme Court with a straight face that they have the power to force entire households offline, without any reviews, checks, balances, or appeals. Think about that: three record companies believe they have the final say in whether you can apply for jobs, complete your homework, or see your doctor.
“The reality is this: Courts and record labels have twisted the law. In 1998, Congress passed the ‘Digital Millennium Copyright Act,’ or DMCA. At the time, internet access was still a luxury good, and you got online by using special software that connected over your phone line. The law required that software services terminate the accounts of ‘repeat infringers.’ This was a penalty, but – as anyone who remembers free AOL trial CDs could attest – not one that cut you off completely from modern telecommunications.
“Now, telephone lines and software programs have been replaced by broadband, and record labels have twisted the law to try and keep up with the digital world. But nearly half of Americans have no ‘backup’ broadband provider. Being kicked off that connection leaves them unable to apply for jobs, access educational resources, and – for many rural Americans – receive healthcare. And all of this is done on bare accusations – no proof, no investigation, just the word of contractors paid by record companies to ‘enforce copyrights.’
“This system is broken, and instead of fixing it, record labels are addicted to the shakedown. Broadband providers route traffic at the direction of users; they have no duty or ability to monitor their users’ traffic, and no duty to take extreme measures, such as disconnection, to prevent hypothetical future copyright infringement. No one forces the power company to shut off electricity to the home of someone suspected of copyright infringement, though it would do just as much good. Record labels want the power to force America offline, and the Supreme Court shouldn’t give it to them.”
You may view the brief for more information.
Members of the media may contact Communications Director Shiva Stella with inquiries, interview requests, or to join the Public Knowledge press list at shiva@publicknowledge.org or 405-249-9435.