Cox argued that upholding the piracy ruling would mandate ISPs to terminate services based on unproven allegations, forcing them to police their networks without verification.
Record labels presented that the jury found sufficient evidence that Cox profited from subscriber infringement, emphasizing that monetary considerations affected its termination decisions.
The 5th Circuit ruled that Grande failed to act against repeat infringers, leading to a new trial on damages, as the previous award of $46.8 million was deemed excessive.
Both Grande and the record labels are pursuing en banc rehearings of the 5th Circuit ruling, indicating continued contention over ISP responsibilities regarding subscriber infringement.
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