Comment Re:utilities are not liable and have must service (Score 1) 70
If you make the case that you're not an participant in the activity then you can't be a participant. Cox was shielding the identities of the offending customers. That made them an active participant.
In other words, if you get a DMCA notice you can respond, "No, that should have gone to so-and-so with this contact information."
When you say, "Sorry, we're not the right people to contact. And no, we won't tell you who is paying us for that IP address," that doesn't work out in court. It obstructs the process. Bye bye liability shield.