A DISH Network copyright infringement lawsuit filed in February 2022, demanded $32.5m in damages from UK-based CDN company DataCamp.
The original complaint alleged that DataCamp failed to take appropriate action against 11 pirate IPTV services. DISH claimed these clients were repeat infringers after sending over 400 DMCA notices to DataCamp.
In many respects the lawsuit was not dissimilar to others that have targeted ISPs and various intermediaries in recent years. Allegations that DataCamp failed to act appropriately under a reasonable ‘repeat infringer’ policy, for example, is a hallmark of these potentially ruinous lawsuits.
The Specter of Losing Safe Harbor Protection
If a court determines that an intermediary cannot rely on safe harbor protections, the financial consequences of liability can prove catastrophic. As a result, pressure on DataCamp to settle would have been (or at least should have been) enormous. Instead, DataCamp came out swinging.