Last year, a Texas federal jury found Grande Communications liable for willful contributory copyright infringement and ordered the ISP to pay $47 million in damages to a group of record labels.
The ISP was held liable for infringing 1,403 copyrighted songs, as it failed to terminate persistent pirates’ internet access.
District Court Judge David Ezra confirmed the judgment in January. This prompted the ISP to request a do-over but that motion was ultimately declined. As a result, Grande took the matter to the appeals court.
Last month, Grande filed its opening brief in which it again argued that the lower court reached the wrong conclusion. Internet providers shouldn’t be held liable for pirating customers based on third-party allegations, the company argues.
“This appeal presents important questions of first impression in this Circuit about whether, and in what circumstances, an internet service provider may be held secondarily liable for the conduct of…