Record companies are known for their “enthusiastic” pursuit of copyright infringers online. Give this attitude, the companies are none too fond of the DMCA. The industry has spent millions of dollars trying to find methods for piercing the DMCA safe harbor provided to sites under the law. Most of the strategies have failed and the companies come off looking bad when they sue teenagers. The companies are having a good bit of luck with a new strategy. What is it? Attack the repeat infringer process of internet service providers, an area where parties trying to benefit from the DMCA are often non-compliant.
DMCA Repeat Infringer Policy
- Cox Communications – Result: $25 million judgement
- Texas ISP – Result: Ongoing, but court rules DMCA safe harbor waived
Lawyers who specialize in attacking the DMCA safe harbor know this is true, so the attorneys now attack repeat infringer compliance efforts as a matter of course in practically every lawsuit. Yep, they’ll just throw it in the allegations because there is a pretty good chance the defendant hasn’t stayed up on enforcement.
Don’t make this mistake.
It can cost you vast amounts of money.
And a load of stress and aggravation.
While the scenario in this case involving Spectrum is about a lawsuit brought by the record companies, you should expect to see the claim made in any DMCA case. Cases brought by photographers, movie production companies, book publishers, etc. Whatever the subject matter of your site or app, there is no reason a suing party can’t make a claim against you. You should expect it. Prepare yourself.
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