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Westlaw News

Cox wins new trial in BMG online piracy liability case

A federal appeals court on Thursday rejected cable giant Cox Communications Inc’s defense of immunity to a lawsuit by music publisher BMG Rights Management over illegal music downloads but ordered a new trial anyway because of flawed instructions to a jury that ordered Cox to pay $25 million.

The U.S. Circuit Court of Appeals for the 4th Circuit affirmed the trial judge’s determination that Cox’s lax policy toward piracy made it ineligible for a “safe harbor” statute that generally shields internet service providers from liability for their subscribers’ copyright infringement.

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