The battle over online copyright infringement continues to rage, pitting record labels against internet service providers (ISPs) in a complex legal and technological landscape. At the heart of the dispute lies the question of responsibility: who should bear the burden of policing online piracy, and what measures are ISPs obligated to take against users accused of copyright infringement?

The Goverment’s Stance

The Trump management previously weighed in on the debate, siding with ISPs in a case involving Cox Communications. The administration argued that ISPs should not be held liable for contributory copyright infringement for failing to terminate subscribers after receiving notices of infringement. The Department of Justice, under the Trump administration, expressed concern that holding isps liable for their customers’ actions could encourage providers to avoid substantial monetary liability by terminating subscribers after receiving a single notice of alleged infringement.

Record Labels‘ Grievances

Record labels have taken a firm stance against ISPs they accuse of enabling piracy. A lawsuit filed by record labels against Frontier Communications in 2021 illustrates this point. The lawsuit alleged that Frontier received hundreds of thousands of copyright infringement notices from copyright owners but provided known repeat infringers with continued access to and use of its network and failed to terminate the accounts of, or otherwise take any meaningful action against, those subscribers. This highlights the core contention: copyright holders believe ISPs are not doing enough to curb online piracy.

The ISP Defense

ISPs maintain that copyright infringement notices are ofen unreliable and that terminating customer accounts based solely on these notices would be unjust. They argue that accusations of piracy are not always accurate and that disconnecting users based on unproven allegations could harm innocent individuals. ISPs frequently point out that terminating customer accounts would hurt people using the same account as someone accused of piracy.

A Balancing Act

While isps acknowledge the need to address copyright infringement, they also emphasize the importance of protecting their customers’ rights and avoiding wrongful terminations. ISPs terminate users who appear to be the most prolific offenders, but they don’t disconnect enough pirates to satisfy the demands of litigious copyright holders. When record labels sued Frontier in 2021,the ISP responded by stating that Frontier is not alleged to have done anything directly to infringe any copyright owner’s rights,and in fact has terminated many customers about whom copyright owners have complained. Frontier further asserted, Frontier believes that it has done nothing wrong and will vigorously defend itself.

The Road Ahead

The conflict between copyright holders and ISPs is unlikely to disappear anytime soon. As technology evolves, so too will the methods of online piracy and the strategies for combating it. Finding a balance between protecting intellectual property rights and safeguarding the rights of internet users remains a important challenge.