Comment Re:Were there DMCA notices? (Score 1) 70
The jury seemed to decide that accusations qualify as infringement
However regrettable, it's easy to understand how that can happen.
The jury could have just been told testimony that "we saw xxx.xxx.xxx.xxx was seeding our movie" (with screenshots of MPAA's torrent client showing a seeder at that address and the packets they got from that address correctly matching the torrent's checksum). Meanwhile, Cox wouldn't have any evidence refuting it (even though the assertion isn't proven; the "screenshots" could have been made in GIMP for all we know). And then the jury might have ruled based on "preponderance" of evidence.
Kind of like 3 cops saying "the perp resisted arrest" and the perp saying "no I didn't" and a criminal jury (where the bar is much higher) still deciding that the perp resisted arrest. Sigh. You know that happens.
Had Cox ratted their customer out (or gotten a DMCA counternotice from them), then the customer could have been sued instead, and raised doubts by saying "I have an open wifi" or something like that. But Cox didn't, and they certainly aren't going to say "we have an open wifi" since they're in the network business so of course they don't offer free networking to strangers. It sounds like a difficult situation for Cox.