By Amber Healy
It is unreasonable to try to hold internet service providers (ISPs) responsible for the content a subscriber uses or downloads — even if that content has been pirated or otherwise illegally obtained.
That’s the case being argued in the U.S. District Court for the Southern District of New York, where Windstream is fighting legal action against it from BMG Rights Management and Rightscorp, a separate company that executes BMG’s contracts.
BMG claims Windstream, an ISP with 1.1 million subscribers, is complicit in copyright infringement brought about by its customers by downloading pirated content, namely music owned by BMG. For the past five years, BMG, via Rightscorp, has been sending Windstream notices with settlement demands.
Windstream isn’t having it. In a motion filed June 27 in the Manhattan court, Windstream argues that “As a pipeline to the internet, Windstream does not monitor or otherwise control the manner in which its subscribers utilize their Windstream internet connection and does not initiate, control, select or modify the material or content transmitted by Windstream subscribers over Windstream’s network.” (See a pdf of the full complaint here.)