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A group of independent film companies has filed a copyright infringement lawsuit against the Internet provider WOW! The company, which has more than three million subscribers in the US, faces far-reaching lawsuits from filmmakers requesting site-blocking measures, a three-warning policy for pirates, and continued identification of suspected rights infringers. From author.
The "repeat infringer" issue remains a hot topic in US courts after rights holders filed lawsuits against multiple ISPs.
These ISPs are accused of not doing enough to stop copyright infringers on their networks, even after receiving multiple "copyright infringement" notifications.
Allegations of copyright infringement can have real consequences. In 2019, a Virginia jury ordered the Internet provider Cox to pay a billion dollars in damages to a group of major record labels. This case is being appealed, but at the same time, other ISPs have been taken to court on similar issues.
Filmmaker Sue WOW!
Most of the early "repeat offenders" cases were brought by music companies backed by the RIAA industry group. However, in recent weeks, some independent film companies have filed similar lawsuits with more far-reaching lawsuits. This includes a copyright infringement lawsuit against the Internet provider Wide Open West, better known as WOW!.
In a complaint filed in federal court in Colorado, the makers of such films as "After We Collided", "Dallas Buyers Club", "Rambo V: Last Blood" and "London Had Fallen" accuse WOW! of tax and subsidiary copyright infringement. The ISP reportedly turned a blind eye to subscriber hacking.
โThe Respondent did not terminate the accounts or take significant action against its subscribers in response to the Notices in accordance with a reasonably implemented policy for termination of subscribers. [โฆ] that they are repeat offenders, โthe complaint reads.
No significant action
Movie companies, represented by attorney Kerry Culpepper, list several examples of account holders for whom WOW! dozens of copyright infringement notices were sent out. Despite these alerts, the accounts remained active and continued their hacking activities.
For an IP address, rights holders submitted more than 100 infringement notices, without any meaningful response. That account was finally terminated earlier this year after the attorney alerted WOW! through a separate letter.
The fact that WOW! The advertised high-speed Internet access, combined with inaction against online piracy, attracts potential copyright infringers to the ISP, the complaint alleges. As such, WOW! you should be held responsible for hacking activities on your network.
"Defendant's subscribers are motivated to become subscribers by knowledge of the defendant's practice of ignoring infringement notices or taking no significant action," write the motion picture companies.
YTS evidence
There are a few key differences between music company repeat offender lawsuits and the current one. In particular, film companies cite specific cases where WOW! Subscribers used the popular torrent site YTS to download content.
That claim is supported by an affidavit from the YTS operator, who has signed deals with several of the movie companies in the past. As part of this agreement, the operator agreed to deliver data from the site's user database.
With this lawsuit, movie companies hope to recover millions of dollars in piracy damages. However, that's just the beginning.
Site blocking, three attacks and hacker identification
What stands out most are the concrete and far-reaching demands for precautionary measures. The complaint specifically requests an order that calls for WOW! to terminate subscribers whose accounts were the subject of three unique violation notices in three days.
In addition to this mandatory three strike policy, WOW! you should also block all suspected pirate sites that are listed in the USTR Annual Overview of Notorious Markets. This includes the likes of The Pirate Bay, RARBG, and YTS.
Finally, the film companies apply for an order requiring the ISP to reveal the identities of account holders whose accounts are flagged for copyright infringement. This would allow companies to directly target suspected hackers.
- order the Respondent to adopt a policy that provides for the prompt termination of subscribers for whom the Respondent receives more than three unique notices of infringement of Copyrighted Works within 72 hours
- order the Defendant to block subscribers' access to notorious piracy websites of foreign origin that are listed in the Notorious Foreign Markets annual trade report published by the United States government on all networks under its control to prevent a Increased piracy of Plaintiffs' Works via BitTorrent protocol
- order the Defendant to disclose to the Plaintiffs the identifications of the subscribers who used and use the Defendant's service to infringe the Plaintiffs' Works on an ongoing basis after such subscribers receive the notice as required by 47 USC ยง 551
Needless to say, these lawsuits go further than the repeat offender cases we've seen thus far. Court-ordered site blocking and internet disconnections are a first in US courts, which will be fiercely contested.
At the time of writing WOW! you have yet to respond to the complaint. When it does, we will inform you accordingly.
This lawsuit is similar to the charges brought by many of the same film crews. against Internet provider Frontier Communications in bankruptcy. That case could also eventually be referred to a District Court, but that decision has yet to be made.
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A copy of the motion picture companies' lawsuit against WOW !, filed in the U.S. District Court for Colorado, is available here (pdf).
