ISPs Rally Behind Cox Communications in Landmark Piracy Liability Case
Published on September 18, 2024
The Motion Picture Association (MPA), representing major Hollywood studios and Netflix, has highlighted the persisting issue of online piracy in its latest submission to the European Commission. This report mentions the usual torrent sites, streaming portals, and piracy apps but emphasizes the role of third-party intermediaries.
In its submission, the MPA outlines numerous threats to illustrate the nature and scope of online content theft. It names well-known and less popular entities, including The Pirate Bay, Solarmovie, Telegram, and VK, and states that European intermediaries may have usable information.
MPA mentions that it asked European intermediaries to release information on the operators of piracy services to expose anonymous operators and bring them to justice and suggests making Know Your Business Customer (KYBC) requirements mandatory for companies operating under E.U. law.
The Digital Services Act already includes some KYBC requirements, but they don’t apply to intermediaries and hosting platforms.
The MPA focuses on hosting companies, CDN providers, advertisers, and domain registrars, which are often involved with pirate sites, either knowingly or unknowingly, yet lack proactiveness in enforcement efforts.
The MPA calls for these intermediaries to take greater responsibility in preventing infringement, terminating accounts when necessary, and verifying the identities of business customers.
While the MPA does not expect immediate eradication of piracy threats, it urges the European Commission to create legislative frameworks that enhance enforcement efforts. By doing so, intermediaries could play a pivotal role in curbing piracy and protecting intellectual property rights.
Online piracy has been a daunting challenge for the entertainment industry for over two decades. Governments globally have taken steps to address this issue, with the European Commission compiling a bi-annual “Counterfeit and Piracy Watch List.” This list draws on inputs from stakeholders, including problematic sites and services identified by industry groups.
Meanwhile, Google asked the court to dismiss lawsuit claims accusing the tech giant of profiting from piracy, as several well-regarded publishers allege the tech giant knowingly supports the promotion of copyright-infringing sellers.