![\"WOW!](\"https:\/\/www.cryptocabaret.com\/wp-content\/uploads\/2021\/07\/wow.jpg\")
The \u201crepeat infringer\u201d issue remains a hot topic in US courts after rightsholders filed lawsuits against several ISPs.<\/p>\nThe \u201crepeat infringer\u201d issue remains a hot topic in US courts after rightsholders filed lawsuits against several ISPs.<\/p>\n
These Internet providers are accused of not doing enough to stop copyright infringers on their networks, even after receiving multiple \u2018copyright infringement\u2019 notifications.<\/p>\n
The copyright infringement allegations can have real consequences. In 2019, a Virginia jury ordered Internet provider Cox to pay a billion dollars in damages<\/a> to a group of major record labels. This case is being appealed but at the same time, other ISPs have been dragged to court over similar issues. <\/p>\n Most of the early \u2018repeat infringer\u2019 cases were filed by music companies backed by the industry group RIAA. However, in recent weeks some independent movie companies have filed similar lawsuits featuring even more far-reaching demands. This includes a copyright infringement lawsuit against Internet provider Wide Open West, better known as WOW!<\/a>.<\/p>\n In a complaint filed at a federal court in Colorado, the makers of movies including \u201cAfter We Collided,\u201d \u201cDallas Buyers Club,\u201d \u201cRambo V: Last Blood,\u201d and \u201cLondon Had Fallen\u201d accuse WOW! of contributory and vicarious copyright infringement. The ISP allegedly turned a blind eye to pirating subscribers.<\/p>\n \u201cDefendant failed to terminate the accounts and\/or take any meaningful actions against its subscribers in response to the Notices consistent with a reasonably implemented policy for termination of subscribers [\u2026] who are repeat infringers,\u201d the complaint reads.<\/p>\n The movie companies, represented by attorney Kerry Culpepper, list several examples of account holders for whom WOW! was sent dozens of copyright infringement notices. Despite these alerts, the accounts remained active and continued their piracy activities.<\/p>\n For one IP address, the rightsholders sent over 100 infringement notices, without any meaningful response. That account was eventually terminated earlier this year after the attorney alerted WOW! through a separate letter.<\/p>\n The fact that WOW! advertised high-speed Internet access, combined with the inaction against online piracy, attracts potential copyright infringers to the ISP, the complaint alleges. As such, WOW! should be held liable for the pirating activities on its network.<\/p>\n \u201cDefendant\u2019s subscribers are motivated to become subscribers from the knowledge of Defendant\u2019s practice of ignoring notices of infringements or failing to take any meaningful action,\u201d the movie companies write.<\/p>\n There are a few key differences between the music companies\u2019 repeat infringers lawsuits and the present one. Most notably, the movie companies cite specific cases where WOW! subscribers used the popular torrent site YTS to download content. <\/p>\n That claim is backed up by an affidavit from the operator of YTS<\/a>, who signed settlements with several of the movie companies in the past. As part of this deal, the operator agreed to hand over data from the site\u2019s user database.<\/p>\n With this lawsuit, the movie companies hope to recoup millions of dollars in piracy damages. However, that\u2019s just the beginning.<\/p>\n What stands out most are the far-reaching and concrete demands for injunctive relief. The complaint specifically requests an order requiring WOW! to terminate subscribers whose accounts were targeted by three unique infringement notices in three days.<\/p>\n In addition to this mandatory three-strikes policy, WOW! should also block all alleged pirate sites that are listed in the USTR\u2019s annual overview of notorious markets<\/a>. This includes the likes of The Pirate Bay, RARBG, and YTS. <\/p>\n Finally, the movie companies request an order which requires the ISP to disclose the identities of account holders whose accounts are flagged for copyright infringement. This would allow the companies to target the alleged pirates directly. <\/p>\n \u2013 order Defendant to adopt a policy that provides for the prompt termination of subscribers for which Defendant receives more than three unique notices of infringements of copyright protected Works within 72 hours<\/em><\/p>\n \u2013 order Defendant to block subscribers from accessing notorious piracy websites of foreign origin that are listed in the annual trade report of Notorious Foreign Markets published by the United States Government on all networks under its control to prevent further pirating of Plaintiffs\u2019 Works via the BitTorrent protocol<\/p>\n \u2013 order the Defendant to disclose to Plaintiffs the identifications of the subscribers who used and use Defendant\u2019s service to infringe Plaintiffs\u2019 Works on an ongoing basis after said subscribers are provided notice as required by 47 U.S.C. \u00a7 551<\/p>\n<\/blockquote>\n Needless to say, these demands go further than those in the repeat infringer cases we\u2019ve seen thus far. Court-ordered site blocking and Internet disconnections are a novelty in US courts, which will be fiercely contested. <\/p>\n At the time of writing WOW! has yet to respond to the complaint. When it does, we will report on it accordingly. <\/p>\n The present lawsuit is similar to the allegations that many of the same movie outfits lodged against Internet provider Frontier Communications<\/a> in a bankruptcy proceeding. That case could eventually be referred to a District Court as well, but that decision has yet to be made.<\/p>\n \u2014<\/em><\/p>\n A copy of the movie companies\u2019 complaint against WOW!, filed at the US District Court for Colorado, is available here (pdf)<\/a>.<\/p>\n From: TF<\/a>, for the latest news on copyright battles, piracy and more.<\/p>\nFilmmaker Sue WOW!<\/h2>\n
No Meaningful Action<\/h2>\n
YTS Evidence<\/h2>\n
Site Blocking, Three-Strikes, and Identifying Pirates<\/h2>\n
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