No. 16-1972 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
BMG RIGHTS MANAGEMENT (US) LLC, Plaintiff-Appellee v. COX COMMUNICATIONS, INC., and COMCOX, LLC, Defendants-Appellants
SUMMARY OF ARGUMENT
Educational institutions and libraries provide Internet access to over 125 million Americans. By providing this Internet access, these entities fall within the DMCA’s definition of “service provider” in 17 U.S.C. § 512(k)(1)(B) (“a provider of online services or network access”). Like other service providers, in order to receive the DMCA’s protection from damages liability, these entities must adopt and reasonably implement a policy for terminating the Internet access of repeat infringers in appropriate circumstances.