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BMG Wants Appeals Court to Rehear Cox Piracy Liability Case

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BMG Wants Appeals Court to Rehear Cox Piracy Liability Case

Postby MrFredPFL » Mon Feb 26, 2018 12:30 pm

Story :

Earlier this month, the Court of Appeals for the Fourth Circuit overturned the $25 million piracy liability verdict against Internet provider Cox.

The panel of three judges concluded that the district court made an error in its jury instruction and ordered a new trial.

The erroneous instruction said that the ISP could be found liable for contributory infringement if it “knew or should have known of such infringing activity.” The Court of Appeals agrees that based on the law, the “should have known” standard is too low.

As a result of the ruling, music publisher BMG Rights Management and Cox would have to go head to head again in a new trial. However, according to BMG, the Court of Appeals itself made a mistake.

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