All the ISPs lobbied HARD to get themselves reclassified away from Common Carrier status. They WERE common carrier, and that made them immune to this... I hope this is the tip of an AWESOME iceberg in suing the ISPs. Don't be merciful, they ASKED for this.
If this takes off, and why wouldn't it, it's basically free money for Rights Holders, the carriers will be begging to be reclassified as common carriers... As they SHOULD be.
Sue on! Hey, I've put my copyrighted works on the internet. I bet some of you has looked at my works without permission. I bet Comcast enabled that! They owe me money too! :D
None of this would have been possible if they hadn't lobbied themselves out of common carrier. They've been arguing against common carrier for over a decade now. Time to reap what you have sown....