Cox Lies To Customers; Says DMCA Requires Disconnects For File Sharing

from the that's-flat-out-false dept

While there's been a big push among the entertainment industry to get ISPs to adopt a "three strikes" policy that would have ISPs disconnect internet access to users accused of unauthorized file sharing, with them losing their account permanently after the third time. This is highly problematic for a variety of reasons, starting with the rather flimsy evidence that the entertainment industry relies on, combined with the idea that the accused are considered guilty with no process of appeal. Furthermore, there's no clear reason why an ISP should act as a copyright cop for the entertainment industry. In fact, many ISPs trashed such proposals, and told the entertainment industry where to shove them. More recently, the EU Parliament rejected such laws mandating three strikes policies, noting that they were clear violations of individuals' freedom.

One of the reasons that the entertainment industry had been focusing on Europe, Australia and Canada for such programs was that it seemed that US ISPs had made it clear that they would never adopt such a three strikes policy. Think again. Apparently cable giant, Cox, has quietly adopted a three strikes policy and is kicking users off the internet if they're accused of file sharing.

Even worse, the company is lying to customers about it, claiming that the DMCA requires them to do so:
Under the DMCA, we have the responsibility to temporarily disable your Internet access, until such time as you take the necessary steps to remove the infringing files and to prevent further distribution of copyrighted material.
This is a complete fabrication. The DMCA has no such requirement. What's really odd is that Cox had built up a reputation as being the customer friendly broadband ISP that took customer service very seriously. Yet, here they are, cutting users off, lying to them about why and relying on the entertainment industry's weak evidence to harm its customers. It's a shame. In the meantime, we'll extend an earlier challenge to Cox. Will it accept a three strikes policy of its own? If it cuts off users three times and the evidence is shown to be false, will it provide free internet access to that user?

Filed Under: disconnects, dmca, three strikes
Companies: cox


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  1. identicon
    Cploveaz, 25 May 2016 @ 5:29pm

    So my internet was disconnected today for a Bill Marr download. Come to find out it was a string of HBO related things and a few movies but mostly from HBO. I was like first my roommates no longer live with me, second I have no liability for their actions, and third I pay for HBO through direct TV. Ding ding ding. I asked her if they suspend everyone, she said yes. I said how do you know? Studder, studder, well sir. I told her I download 0 songs. I may stream a movie here and there and I have previewed a movie or two on a torrent but little maybe one or two every three years. There is no way they treat every customer this way or they would not have business considering the fall of Phone and the declining TV subscriptions to internet. Here's my guess. Cox Communications is being sued to enforce anti-piracy law. Cox Communications is collecting data to show they enforce this despite not having to in order to protect them in court (not that the courts would hold them responsible anyway because they wont). So Cox is going after "Internet Only" customers. My brother downloads hundreds upon hundreds of movies a month not to mention has every rap song in the book yet he has never even gotten a letter. My friend downloads does the same. His friend does the same. I am willing to be a class action lawsuit is in order for harassment and fraud on the part of Cox Communications for selectively enforcing for reputational purposes. I am willing to bet the Triple Play customers have a significantly decreased percentage of disconnects due to piracy. Maybe we can find a good lawyer through this post.

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