From Torrent Freak:

Last year BMG Rights Management and Round Hill Music sued Cox Communications, arguing that the ISP fails to terminate the accounts of subscribers who frequently pirate content.

The companies, which control publishing rights to songs by Katy Perry, The Beatles and David Bowie among others, claim that Cox gave up its DMCA safe harbor protections due to this inaction.

The case is scheduled to go to trial before a jury next month, but an order just issued by District Court Judge Liam O’Grady already puts the Internet provider at a severe disadvantage.

In his order Judge O’Grady ruled on a motion for partial summary judgment from the music companies, which argued that Cox has not met the requirements for safe harbor protection under the DMCA.

Although Cox does have a policy to disconnect accounts of pirating subscribers, it discarded the copyright infringement notices from the plaintiffs. These notices are bundled with settlement requests, something Cox likens to harassment.

After reviewing the arguments from both sides Judge O’Grady has sided with the copyright holders, as HWR first reported.

“The court grants the motion with respect to defendant’s safe-harbor defense under the Digital Millennium Copyright Act (DMCA). The is no genuine issue of material fact as to whether defendants reasonably implemented a repeat-infringer policy as is required…,” the order (pdf) reads.

Judge O’Grady’s order

The judge has yet to publish his full opinion motivating the decision and we will follow this up as soon as it’s handed down. However, the ruling…

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