Appeal Court Affirms Verdict Against ISP Grande For Failing To Terminate Pirates

The Fifth Circuit Court of Appeals has affirmed a copyright infringement verdict against Internet provider Grande, which failed to take action against allegedly pirating subscribers. The jury's $47 million damages award in favor of the major music label plaintiffs is vacated. According to the Court (PDF), individual tracks that are part of an album, should not be counted as separate works. TorrentFreak reports: After hearing both sides, the Fifth Circuit Court of Appeals affirmed the jury verdict yesterday. Grande's arguments, suggesting that the district court mistakenly upheld the verdict earlier, were rejected. 'The district court did not err in upholding the jury's unanimous liability verdict because Plaintiffs satisfied each element legally and factually,' the decision reads. 'The court correctly interpreted the law and instructed the jury on the relevant legal standards in light of the factual issues disputed by the parties, and Plaintiffs introduced ample evidence from which a reasonable jury could find in Plaintiffs' favor.'

In addition to the material contribution challenge, Grande and its supporters also pointed out that terminating Internet access isn't a 'simple measure,' as the jury concluded. Instead, it is drastic and overbroad, which could also impact innocent subscribers. The Court of Appeals rejects this reasoning. Instead, it states that the jury could and did conclude that terminations are a simple measure. There is no evidence to reach a different conclusion. All in all, the Court sees no reason to reverse the jury's verdict that Grande is liable for contributory infringement. This means that the jury verdict is affirmed.

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