Cox Communications Argues Back Against $1 Billion Verdict In Universal, Sony And Warner Copyright Infringement Case

Pushing Back

When ALL ACCESS reported the $1 billion settlement against COX COMMUNICATIONS (not COX MEDIA GROUP) by UNIVERSAL, SONY and WARNER for copyright infringement (NET NEWS 12/20/19) it was only a matter of time before COX would respond, and now they have.

According to MUSIC BUSINESS WORLDWIDE, COX is calling the $1 billion award verdict for infringement of over 10,000 music copyrights by its users in a filing with the EASTERN DISTRICT OF VIRGINIA COURT “... a miscarriage of justice; it is shockingly excessive and unlawfully punitive, and should be remitted or result in a new trial.”

COX adds: “The award of $1 billion appears to be the largest award of statutory copyright damages in history. This is not by a matter of degree. It is the largest such award by a factor of eight.

“It is the largest such award for secondary copyright infringement by a factor of 40. It is the largest jury verdict in the history of this DISTRICT by a factor of more than 30.

“It is by any measure a shocking verdict, wholly divorced from any possible injury to Plaintiffs, any benefit to COX, or any conceivable deterrent purpose.”

And according to MBW, COX argues that the $1bn damages verdict “exceeds the aggregate dollar amount of every statutory damages award rendered in the years 2009-2016 by more than four hundred million dollars.”

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