Appellate Piracy Ruling Ends Adjudicated Repeat Infringers Fight, Stanford CIS Expert Says
The 4th U.S. Circuit Court of Appeals' affirming summary judgment on Cox Communications ineligible for Digital Millennium Copyright Act safe harbor protection (see 1802010026) came as the record was clear Cox took every effort to not reasonably implement its own…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
repeat infringer policy, Stanford Law Center for Internet and Society affiliate scholar Annemarie Bridy blogged Sunday: The 4th Circuit makes clear Cox's failure was in implementation, not design, of the 13-point copyright warning system. The decision "lays to rest" any notion DMCA means adjudicated repeat infringers when it refers to repeats, Bridy said. Some amici worried the 4th Circuit would end up limiting ISP latitude in designing repeat infringer policies, but it didn't criticize the design of Cox's "relatively forgiving system," she said.