三大唱片公司控告電信公司Cox侵權應賠償超過10億美元

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  • 分類: 產業區
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  • 作者: 音樂地圖
    • 201809/0714:30

    ◎三大唱片公司索尼、環球和華納音樂,以法律訴訟打擊電信公司Cox及其提供的網路服務,指控其侵犯版權行為是對實施數位千禧年著作權法DMCA的安全港條款的最新挑戰。
    ◎這起訴訟是在美國維吉尼亞州的聯邦法院提起的,指控Cox「故意讓數以千計的訂戶大量侵犯了版權,並從中獲得了巨額利潤」。原告們在訴訟中稱,Cox沒有有效地監管侵犯版權的訂戶,即使權利擁有者已經提醒他們要注意這些被指控的違規者。該訴訟涉及DMCA的一項條款,該條款於1998年通過,為像Cox這樣的線上服務提供商創建了一個安全港以防止版權侵權的責任,只要他們有一個有效的計劃來對付侵權者。
    ◎該訴訟引用了之前由BMG為首的一群唱片公司對Cox提起的訴訟,在該訴訟中,BMG對Cox提出了類似的指控,聲稱該公司在透過其服務阻止猖獗的版權侵權方面做得很少。2015年,陪審團同意BMG的立場,並判定他們可獲得2500萬美元的賠償。該判決後來在上訴中被推翻,但上訴法院基本上支持唱片公司對Cox在實施DCMA規則上的質疑。
    ◎而在最近的這個訴訟案中,原告正在尋求為每件被侵權的作品爭取高達15萬美元的法定損害賠償,雖然該訴訟中沒有引用實際有多少件作品,但它陳述有「數以千計」的例子,而消息來源表示總數超過1萬件。

    詳細全文:

    The three major labels, Sony, Universal, and Warner Music, have hit telecommunications company Cox and its ISP service with a lawsuit alleging copyright infringement in the latest challenge to the implementation of the safe harbor provision of the Digital Millennium Copyright Act.
    The suit, brought in a federal court in Virginia, alleges that Cox "has knowingly contributed to, and reaped substantial profits from, massive copyright infringement committed by thousands of its subscribers."
    The plaintiffs allege in their suit that Cox is not effectively policing their subscribers who are violating copyrights, even when those alleged violators are brought to their attention by rights holders.
    Per the lawsuit:
    "Cox deliberately refused to take reasonable measures to curb its customers from using its Internet services to infringe on others' copyrights—even once Cox became aware of particular customers engaging in specific, repeated acts of infringement. Plaintiffs' representatives (as well as others) sent hundreds of thousands of statutory infringement notices to Cox, under penalty of perjury, advising Cox of its subscribers' blatant and systematic use of Cox's Internet service to illegally download, copy, and distribute Plaintiffs' copyrighted music through BitTorrent and other online file-sharing services."
    The lawsuit takes issue with a provision of the DMCA, a law passed in 1998 that creates a safe harbor for online service providers such as Cox against copyright infringement liability, provided that they have an effective plan in place to deal with infringers.
    The lawsuit cites a previous suit brought against Cox by a group of labels led by BMG. In that case, BMG Rights Mgmt. LLC v. Cox Communications, Inc. and CoxCom, LLC, BMG made substantially similar accusations against Cox, claiming that the company did little to deter rampant copyright infringement taking place via its service.
    In 2015, a jury agreed with BMG Et Al. and awarded them a $25 million dollar judgment in that case. The judgment was later overturned on appeal, but the appeals court largely sided with the label's challenge to Cox's implementation of the DCMA rules.
    In the current case of Sony Music Et Al., the plaintiffs are seeking statutory damages of up to $150,000 per each work infringed, and while the lawsuit doesn't cite how many instances there were, it cites "thousands" of examples. Sources put the total at more than 10,000/
    A rep for Cox was not available for comment.

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