EDUCAUSE Comments: Amicus Brief, BMG v Cox DMCA Case

Abstract

EDUCAUSE joined the American Council on Education (ACE), the Association of American Universities (AAU), and nine other higher education and library groups in submitting a neutral amicus brief in Cox Communications’ appeal of the BMG v Cox case. A federal district court found Cox liable for contributory copyright infringement for failing to appropriately enforce a repeat infringement policy as required to claim the legal safe harbor for network service providers under the Digital Millennium Copyright Act (DMCA). While not taking sides in the case, EDUCAUSE and its partners asked the federal appeals court to avoid issuing a ruling that would undermine the safe harbor or require uniform repeat infringement policies, given the negative effect of those steps on the ability of educational institutions and libraries to provide Internet access for students and patrons.