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Court Allows Some Reduction in Cox Copyright Damages

U.S. District Judge Liam O'Grady of Alexandria, Virginia, allowed recalculation of the number of musical works cable ISP Cox Communications is being sued over, without changing the formula for arriving at total copyright infringement damages due plaintiff record companies and…

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music publishers. That's in an opinion Wednesday (in Pacer, docket 18-cv-00950) in which the court partially granted and partially denied Cox motions for post-verdict relief on the $1 billion jury award against it and in which it sought a new trial (see 2002250024). There's nothing to suggest the jury's per-work award is improper and thus no basis for a new trial, O'Grady said. But he ordered that the number of songs be recalculated so each song with multiple copyrights be combined instead of damages being awarded for each copyright the song has. Cox outside counsel didn't comment.