Cox Communications, an Internet service provider (ISP) is asking a federal judge, U.S. District Court Judge Liam O’Grady, to reverse a jury’s decision that requires the company to pay record labels $1 billion over piracy by subscribers.
A federal jury found that the ISP failed to take reasonable measures to stem subscribers from pirating more than 10,000 tracks and as such the jury awarded a verdict of $1 billion.
According to the ISP, the company took steps to stem copyright infringement by users including creating policies to discourage piracy that included warnings, suspensions and occasional terminations. The company also claims that it did not benefit financially from the alleged piracy except for a monthly subscription fee.
The evidence shows that Cox had an active and effective policy of discouraging infringement, notifying its subscribers of infringement allegations, graduating to soft and then hard suspensions, and ultimately — in some cases — terminating the subscriber,” the company writes. “On this evidence, a reasonable jury could not conclude that Cox was ‘encouraging or assisting’ that infringement.
The ISP is asking Judge O’Grady to either reduce the $1 billion damages award on the grounds that it is excessive, or order a new trial.