Eastern Virginia District Court dismissed Cox’s appeal of an earlier verdict, which ordered Cox to pay BMG $25m in damages for copyright infringement.
The court decided that Cox did not do enough to stop users pirating music from BMG, and therefore did not qualify for Digital Millennium Copyright Act (DMCA) ‘safe harbor’ protections. Crucially, BMG provided evidence that it had identified individual infringers and then alerted Cox to their wrongdoing.