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DIGITAL MILLENIUM COPYRIGHT ACT AND ONLINE COPYRIGHT INFRINGEMENT

 

You have been directed to this page because Cox received a complaint that someone used your Cox High Speed Internet (CHSI) service for the unauthorized copying and distribution of a copyrighted work, probably through a file sharing program. Cox Communications, consistent with federal law, prohibits the use of CHSI for copyright infringement in the CHSI Acceptable Use Policy.

If we have your email address on file, you should have previously received an email notice from Cox, which contains the complaint, the title of the specific copyrighted work and the date and time the distribution occurred. THIS INFORMATION IS PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED AS LEGAL ADVICE. YOU MAY WISH TO CONSULT WITH AN ATTORNEY.

If you do not take action as outlined below and Cox continues to receive complaints, your Cox High Speed Internet service may be terminated.

WHAT ACTION DO I NEED TO TAKE?

If you do not own the copyrighted work, remove the work from all computers and other devices where stored.   If you do own the copyrighted work, then you need to take steps to ensure it is not shared online.   In most cases, these files are being shared from a computer with the rest of the Internet via a peer-to-peer file sharing program such as BitTorrent.   If the file continues to be shared, Cox will continue to receive infringement notices about your account.   We also recommend you remove the file sharing program that is being used to share the files.

HOW DO I REMOVE THE FILES OR PROGRAMS CAUSING THIS TO OCCUR?

The Copyright Information Center has helpful information and tips so you can take steps to stop copyright infringement from occurring using your Internet service.   Please see http://www.copyrightinformation.org/.  

If you still need additional assistance, Cox offers fee-based technical support for this issue along with other technical needs through Cox Tech Solutions (CTS) at 1-877-TEC-SOLV (877-832-7658).   There are also other non-Cox resources that provide technical support for a fee and can assist you in removing the files and/or the file sharing software.

HOW DOES THE COMPLAINT PROCESS WORK?

There are companies that search the Internet, looking for evidence of distribution of copyrighted works.   Once a company detects this activity, they record the title of the work, the date and time of the alleged infringement, and the associated IP address.   The copyright holder or agent then sends a complaint to Cox, including the date, time, title of the copyrighted work and the IP address.  Cox then forwards the complaint to the subscriber that was assigned that IP address.

HOW WILL COX NOTIFY ME IF A COMPLAINT IS RECEIVED?

Currently, Cox uses a graduated approach of increasing severity to notify subscribers, from email notifications to the suspension of Internet service for repeated or severe cases.  For this reason, it is very important that Cox have a current email address on file for its subscribers.

COULD MY COX HIGH SPEED INTERNET SERVICE BE DISCONNECTED?

Yes, if you do not take the necessary steps to stop your Internet service from being used for copyright infringement, your Cox High Speed Internet service will be disconnected, and you are responsible for any applicable early termination fees if you are under a term agreement.   (Your other Cox services will not be disconnected, but any Cox service that requires an Internet connection, such as Cox HomeLife, will not function.)

IF MY SERVICE IS DISCONNECTED, CAN I SIGN UP FOR INTERNET SERVICE AGAIN LATER?

If your service is disconnected as a result of copyright infringement, you cannot subscribe to Cox High Speed Internet for a period of six months (180 days).  After that time, you may subscribe again (additional installation or reconnection charges may apply).  However, if after reconnection your Internet service is used again for copyright infringement, your Internet service will again be disconnected, and you may not be permitted to subscribe again.

IF I BELIEVE THAT THE COMPLAINTS ARE NOT CORRECT, WHAT CAN I DO?

If you feel that the complaints are in error, you may file a Counter Notification with Cox.   The process to do this is set forth below.  Please note:  if you file a counter notification, Cox will forward the counter notification to the copyright holder or agent, and they will have your identity.  You may wish to consult an attorney before filing a Counter Notification.

Counter Notification Requirements:

If you receive a DMCA notification of alleged infringement, and you believe in good faith that:

(a)    the allegedly infringing works were not shared from your devices or were misidentified, or
(b)    you have authorization from the copyright owner, or
(c)    your use of the work constitutes fair use under U.S. copyright law.

In order to be effective, you must submit the Counter Notification in writing and include substantially the following:

  1. A physical or electronic signature of the CHSI subscriber.
  2. A description of the material that was removed from the devices, or to which sharing has been disabled.
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled, or that the subscriber’s use was authorized by the copyright owner, or that the subscriber’s use of the work constitutes fair use under U.S. copyright law.  If the subscriber is relying upon fair use, then they must provide a written explanation of the basis for fair use.
  4. The subscriber's name, address, and telephone number, along with a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found.
  5. The subscriber must also include a statement that they are willing to accept service of process from the copyright holder or agent of the copyright holder.
The Counter Notification should be sent to Cox at copyright@cox.com.   Upon Cox’s receipt of a Counter Notification that satisfies the requirements of the DMCA, Cox will provide a copy of the Counter Notification to the person or entity who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received Counter Notification.  You expressly agree that any dispute is between you and the copyright holder or its agent, and you will not make Cox a party to any disputes or lawsuits regarding alleged copyright infringement

HOW DO I REPORT ALLEGED INFRINGEMENTS TO COX UNDER THE DMCA

Copyright owners may report alleged infringements of their works by sending Cox’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA.
To serve a Notification on Cox Business®; Cox® High Speed InternetSM; and/or Cox Interactive MediaSM, send your Notification to:

DMCA Agent
Cox Communications, Inc.
 6205-B Peachtree Dunwoody Road
Atlanta GA 30328 U.S.A.
Email: CoxDMCA@cox.net

For such a complaint to be valid under the DMCA, the Notification must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Service Provider to locate the material.
  4. Information reasonably sufficient to permit the Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon Cox’s receipt of a written Notification containing the information described in 1 through 6 above, Cox will respond expeditiously to either directly or indirectly (i) remove the allegedly infringing work(s), if applicable or (ii) disable access to the work(s). Cox will also notify the affected customer or user of the Service of the removal or disabling of access to the work(s).

Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Cox, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
 

(Version 1.1, published 05/19)

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