The three major record labels are suing Verizon over allegations that the telecom giant effectively encouraged its internet subscribers to steal copyrighted music on a “staggering” scale.
In a lawsuit filed Friday in Manhattan federal court, Universal Music Group, Warner Music Group and Sony Music Entertainment claim that Verizon has “buried its head in the sand” in the face of repeated warnings about piracy on its network, fostering a “safe haven” for illegal activity.
“While Verizon is famous for its ‘Can you hear me now?’ advertising campaign, it has intentionally chosen not to listen to complaints from copyright owners,” lawyers for the labels wrote. “Rather than taking any steps to address its customers’ illegal use of its network, Verizon deliberately chose to ignore plaintiffs’ notices, willfully blinding itself to that information and prioritizing its own profits over its legal obligations.”
The financial stakes for Verizon could be very large. The labels accuse the company of infringing more than 17,000 songs; if a judge awarded the maximum penalty for each of those songs, the damages could total more than $2.5 billion. The allegedly-infringed tracks include music by The Beatles, Michael Jackson, Beyoncé, Katy Perry and hundreds of other top artists.
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The new case is the latest in a long line of major lawsuits aimed at forcing internet service providers to take more proactive steps to eliminate piracy on their networks. In one such case, the labels initially won a shocking $1 billion verdict against Cox Communications.
For years, internet service providers typically weren’t held liable for individual infringements by their millions of users, thanks to a “safe harbor” provided by the Digital Millennium Copyright Act. But starting in the mid-2010s, music companies began arguing that ISPs had forfeited that immunity by ignoring the DMCA’s requirement that they terminate “repeat infringers” from their network.
Beginning with a landmark case filed by BMG against Cox, those arguments have repeatedly proved successful. Major labels have filed similar cases against Cox, Charter, RCN and other ISPs in courts around the country, often winning huge judgments against them.
In the new lawsuit filed Friday, the labels turned those same arguments against Verizon. The company has allegedly received “hundreds of thousands” of notices of illegal file-sharing by specific subscribers, the lawsuit says, but “deliberately refused to take action” so that it could “continue to collect millions of dollars from them.”
“Verizon’s motivation for refusing to terminate or suspend the accounts of blatant infringing subscribers is simple: Verizon valued corporate profits over its legal responsibilities,” attorneys for the labels wrote.
Back in 2019, a federal jury in Virginia ordered Cox to pay $1 billion in a similar case, awarding the labels more than $99,000 for each of 10,017 separate songs. Though that verdict was later vacated on appeal, Cox could still face a similarly large fine when the total is recalculated in a future trial.
In technical terms, the lawsuit accuses Verizon of contributory infringement (meaning the company induced or authorized its customers to pirate the music) and vicarious infringement (meaning the ISP profited from illegal downloading it could have stopped).
A rep for Verizon did not return a request for comment on Monday.
