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“Under the Digital Millennium Copyright Act, Congress made ISPs immune from monetary liability if they act with a modicum of responsibility – namely, that they impose real consequences on users who repeatedly violate creators’ rights – an unprecedented approach by Congress intended to demonstrate its commitment to responsible technological innovation. Unfortunately, Cox breached its part of that bargain.

“We are confident that on full review of the record, the Court – like the trial and appellate courts did before it – will find that Cox’s willful failure to follow well-settled law contributed to massive infringement of the plaintiffs’ copyrights and will return the case to the trial court for final determination of damages.”