Voltage Pictures and several dozen affiliates and copyright owners have sued Comcast for allegedly refusing to jettison Internet subscribers that repeatedly watch pirated films on illegal BitTorren…
from the late 1980s, designed back then to protect a nascent Internet. It allows platforms to police their own content and says they’re not responsible for what gets posted, the so-called “safe harbor” provision.
“Comcast claims that it has such a policy, but in fact, at all relevant times, Comcast had neither adopted nor reasonably implemented a policy that provides for the termination of repeat infringers in appropriate circumstances,” the suit says. Why? “According to Comcast’s published policy, Comcast only counted the DMCA notifications regarding a customer account in each month, rather than counting total DMCA notifications. Under this policy, Comcast did not terminate an account that had a very high number of infringements over several months, but not in any one month.
Plaintiffs said they hired data providers to identify IP addresses of Comcast subscribers used to engage the BitTorrent protocol and pirate copies of films. While these are third parties who committed the DMCA violations, Comcast “materially contributed” to them, the suit said.problem is matched only by the apparent lack of political will to stamp it out. Obama-era legislation called SOPA failed badly and no one has been willing to try it again.
This week’s suit requests actual damages, or statutory damages, attorneys fees and costs, and for Comcast to “implement a policy that provides for the termination of internet services to accounts at which there is repeat copyright infringements.”
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