Record Labels Sue Verizon After ISP 'Buried Head In Sand' Over Subscribers' Piracy

An anonymous reader quotes a report from TorrentFreak: Just before the weekend, dozens of record labels including UMG, Warner, and Sony, filed a massive copyright infringement lawsuit against Verizon at a New York federal court. In common with previous lawsuits that accused rivals of similar inaction, Verizon Communications Inc., Verizon Services Corp., and Cellco Partnership (dba Verizon Wireless), stand accused of assisting subscribers to download and share pirated music, by not doing enough to stop them. The labels' complaint introduces Verizon as one of the largest ISPs in the country, one that 'knowingly provides its high-speed service to a massive community of online pirates.'

Knowledge of infringement, the labels say, was established at Verizon over a period of several years during which it received 'hundreds of thousands' of copyright notices, referencing instances of infringement allegedly carried out by its subscribers. The complaint cites Verizon subscribers' persistent use of BitTorrent networks to download and share pirated music, with Verizon allegedly failing to curtail their activity. 'While Verizon is famous for its 'Can you hear me now?' advertising campaign, it has intentionally chosen not to listen to complaints from copyright owners. Instead of taking action in response to those infringement notices as the law requires, Verizon ignored Plaintiffs' notices and buried its head in the sand,' the labels write.

'Undeterred, infringing subscribers identified in Plaintiffs' notices continued to use Verizon's services to infringe Plaintiffs' copyrights with impunity. Meanwhile, Verizon continued to provide its high-speed service to thousands of known repeat infringers so it could continue to collect millions of dollars from them.' Through this lawsuit, which references piracy of songs recorded by artists including The Rolling Stones, Ariana Grande, Bob Dylan, Bruno Mars, Elvis Presley, Dua Lipa, Drake, and others, the labels suggest that Verizon will have no choice but to hear them now.

Attached to the complaint, Exhibit A contains a non-exhaustive list of the plaintiffs' copyright works allegedly infringed by Verizon's subscribers. The document is over 400 pages long, with each track listed representing potential liability for Verizon as a willful, intentional, and purposeful contributory infringer, the complaint notes. This inevitably leads to claims based on maximum statutory damages of $150,000 per copyrighted work infringed on Count I (contributory infringement). The statutory maximum of $150,000 per infringed work is also applied to Count II (vicarious infringement), based on the labels' claim that Verizon derived a direct financial benefit from the direct infringements of its subscribers. The labels' complaint can be found here (PDF).

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