“Comcast did not take meaningful action to prevent ongoing infringements by these Comcast users,” states the complaint. “Comcast failed to terminate the accounts associated with these IP addresses or otherwise take any meaningful action in response to these Notices. Comcast often failed to even forward the Notices to its internet service customers or otherwise inform them about the Notice or its contents.” The internet providers, therefore, vicariously infringed on plaintiffs’ movies since they had the right to terminate the accounts of customers who violate copyright law, the suit alleges. The Digital Millennium Copyright Act, passed in 1988, criminalizes services intended to circumvent measures that control access to copyrighted works. It provides protection from liability for services providers. But the production companies argue the internet providers don’t have safe harbor under the law since it only shields companies if they’ve adopted and implemented policies that provide for the termination of accounts held by repeat offenders.
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