In the United States most large Internet providers forward DMCA notices to subscribers who’re accused of downloading copyrighted material.
Cox Communications is one of the ISPs that does this. In addition, the ISP also implemented a strict set of rules of its own accord to ensure that its customers understand the severity of the allegations.
According to some copyright holders, however, Cox’s efforts are falling short. Last year BMG Rights Management and Round Hill Music sued the ISP because it fails to terminate the accounts of repeat infringers.
The companies, which control the publishing rights to songs by Katy Perry, The Beatles and David Bowie among others, claimed that Cox has given up its DMCA safe harbor protections due to this inaction.
The case revolves around the “repeat infringer” clause of the DMCA, which prescribes that Internet providers must terminate the accounts of persistent pirates. Both parties are currently conducting discovery.
In order to make their case the copyright holders have sent a long list of demands to Cox, but court records show the ISP is reserved in the information it’s willing to hand over.
The company refused, for example, to reveal the identities of roughly 150,000 subscribers who allegedly downloaded infringing works from BMG and Round Hill Music. According to the ISP, the Cable Privacy Act prevents the company from disclosing this information.