Analysis Group Experts Testify in Music Labels’ Copyright Infringement Suit Against a File-Sharing Platform

February 21, 2020

Analysis Group was retained on behalf of several music labels, the plaintiffs in a copyright infringement lawsuit against Cox Communications (Cox). The labels contended that Cox, an internet service provider, had knowingly profited from its users’ illegal sharing of music files over a multiyear period.

An Analysis Group team led by Principal David Sosa and including Manager Tracy Offner supported two of our affiliates, both of whom filed expert reports and testified at trial. Dr. William Lehr opined on Cox’s economic incentives for and direct financial benefit from not interfering with its users’ alleged illegal file sharing, as well as on the resulting economic harm suffered by the plaintiffs. Dr. Terrence McGarty testified as to Cox’s tolerance of the allegedly infringing behavior, as well as its ability to terminate the subscriptions of infringing users. Analysis Group also provided analytical support to counsel related to the hundreds of thousands of infringing notices sent to Cox on behalf of the plaintiffs.

After a 12-day trial in the US District Court for the Eastern District of Pennsylvania, a jury found that Cox was responsible for willful vicarious and contributory copyright infringement, and that Cox had enjoyed a direct financial benefit from the infringement. The verdict provided a large damages award to the plaintiffs.