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Judge Recommends Dropping ISP Grande’s DMCA Safe Harbor Defense

Postby MrFredPFL » Wed Dec 19, 2018 12:57 pm

Story : https://torrentfreak.com/judge-recommends-dropping-isp-grandes-dmca-safe-harbor-





Texas-based Internet provider Grande Communications has no right to a safe harbor defense, US Magistrate Judge Andrew Austin argues. The ISP failed to adopt and reasonably implement a repeat copyright infringer policy. Judge Austin, therefore, recommends granting the RIAA labels' motion for summary judgment on the matter. And there's more bad news too.

Last year several major record labels, represented by the RIAA, filed a lawsuit against ISP Grande Communications accusing it of turning a blind eye to pirating subscribers.

According to the RIAA, the Internet provider knew that some of its subscribers were frequently distributing copyrighted material, but failed to take any meaningful action in response.

In weighing the arguments the Judge looked closely at the BMG v. Cox case, which was very similar. In that matter, the court concluded that Cox didn’t have a safe harbor defense and Judge Austin argues that that same should apply to Grande.







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