The lawsuit accuses the ISP of “refusing to take meaningful action" against users who repeatedly download music illegally.
The RIAA is suing the San Marcos, Texas-based ISP Grande Communications for copyright infringement on behalf of its member companies, in a case that potentially could help define how Internet services must deal with consumers who repeatedly download music and other copyrighted works illegally.
The lawsuit, filed today in an Austin, Texas, district court, accuses Grande of “refusing to take meaningful action against repeat infringers” – users who repeatedly downloaded music illegally over BitTorrent networks.
Generally, ISPs operate under the Digital Millennium Copyright Act (DMCA), which gives them “safe harbor” from liability for copyright infringement committed by their users. (The users themselves can still be liable.) But a provision in the 1998 law requires digital services that operate under the safe harbor to implement “a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider’s system or network who are repeat infringers.”