5th Circuit rules ISP should have terminated Internet users accused of piracy
ISP Grande loses appeal as 5th Circuit sides with Universal, Warner, and Sony.
Music publishing companies notched another court victory against a broadband provider that refused to terminate the accounts of Internet users accused of piracy. In a ruling on Wednesday, the conservative-leaning US Court of Appeals for the 5th Circuit sided with the big three record labels against Grande Communications, a subsidiary of Astound Broadband.
The appeals court ordered a new trial on damages because it said the $46.8 million award was too high, but affirmed the lower court's finding that Grande is liable for contributory copyright infringement.
"Here, Plaintiffs [Universal, Warner, and Sony] proved at trial that Grande knew (or was willfully blind to) the identities of its infringing subscribers based on Rightscorp’s notices, which informed Grande of specific IP addresses of subscribers engaging in infringing conduct. But Grande made the choice to continue providing services to them anyway, rather than taking simple measures to prevent infringement," said the unanimous ruling by three judges.
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