Cox Communications has come out to object a request for broad permanent injunction by music publisher BMG.
“It restrains Cox from “materially contributing” to infringement, without identifying any particular acts that constitute “material contribution.” It also vaguely requires Cox to take unspecified actions “to prevent or limit infringement” of unspecified works through unspecified conduct by unspecified people,” their formal written objection dated February 12 reads in part.
“Although the proposed order is silent on whether Cox can or should warn or suspend customers whom BMG will accuse of infringement in the future, BMG’s motion strongly suggests that it expects Cox to spy on its customers’ activities, and terminate their Internet accounts.”
Cox says the proposed injunction offers no particular terms for when, how or in what circumstances that should occur. They add that BMG’s motion falls far short of satisfying the stringent requirements for a permanent injunction, and the Court should deny it. “First, BMG has failed to show irreparable harm or that money damages are inadequate. BMG’s years of delay in bringing its claims, and its practice of accepting settlement payments while taking no steps to restrain further file sharing, undermine its claim of irreparable injury.”
The company regrets that this injunction imposes unreasonable burdens both through vague requirements and prohibitions that give Cox no guidance as to when it may face contempt and through specific terms that would threaten to swamp Cox’s ability to address other threats and would force it to violate its customers’ trust.