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These cases were already paused last year, awaiting the Supreme Court decision. This week, it became clear that both sides have agreed to dismiss the cases. In both cases, the parties filed joint stipulations voluntarily dismissing the lawsuits. According to the legal paperwork, the dismissals are with prejudice, meaning the claims cannot be refiled. In addition, all parties will pay their own costs and expenses.
"[All parties] hereby jointly stipulate to dismissal of all claims in this matter with prejudice under Fed. R. Civ. P. Rule 41(a)(1)(A)(ii), with each side bearing its own costs, expenses, and attorneys' fees," the filings read.
In both cases, the music companies argued that the ISPs' knowledge of the infringing activity, combined with their failure to act, was sufficient to be held liable for contributory copyright infringement. However, the new Supreme Court ruling narrowed this standard.
The Altice and Verizon dismissals are the most concrete sign yet that the labels see the post-Cox landscape as unfavorable terrain for this type of lawsuit. They are not the only fallout, however. Earlier this month, the Supreme Court also vacated the Fifth Circuit's $46.7 million verdict against Grande Communications, sending the case back for reconsideration in light of Cox.
Meanwhile, Elon Musk's X Corp. cited the Cox decision within days of its release in its bid to dismiss the music publishers' "weaponized DMCA" lawsuit.
Interestingly, however, not all ISP lawsuits appear to be ready for dismissal yet. The record labels still have an active case against Internet provider RCN in New Jersey. In that case, RCN recently informed the court of the impact of the Cox ruling, but there is no mention of a potential dismissal in that docket yet.
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