Grande's Copyright Inaction Invalidates DMCA Defense, Music Labels Say

A group of music labels is seeking to have ISP Grande Communications' Digital Millennium Copyright Act (DMCA) safe harbor defense claims thrown out. In a docket 17-cv-00365-LY motion (in Pacer) for partial summary judgment filed Wednesday in U.S. District Court in Austin, the music labels said that DMCA safe harbor requires ISPs to adopt and reasonably implement a policy for terminating repeat copyright infringers' accounts, but that Grande acknowledged it had no such policy for the relevant time period. They said Grande never terminated a repeat infringer until June 2017, after the suit was brought. They said a ruling that Grande isn't entitled to a DMCA safe harbor defense would "significantly streamline" the case and promote a speedier resolution. Grande outside counsel didn't comment Thursday.