5th Circuit Upholds ISP Liability for Contributory Copyright Infringement

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The 5th Circuit Court of Appeals has upheld a district court decision holding an internet service provider, Grande Communications Networks LLC, liable for contributory copyright infringement against several record labels for failing to terminate the accounts of subscribers it had been notified were illegally sharing music files on BitTorrent.  Grande’s motion for summary judgment, asserting that it was protected by the Digital Millennium Copyright Act safe harbor, was dismissed.  The district court jury had decided on a $46.766 million award for the plaintiffs, but the 5th Circuit determined such award was too high and directed the district court to hold a new trial on damages.

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