Breaking Down Cox's Trial Over Subscriber Music Piracy

"Annemarie Bridy, a University of Idaho law professor and affiliate scholar at Stanford University's Center for Internet and Society, co-wrote a law professors' amicus brief on behalf of YouTube Inc. in the Viacom v. YouTube case, which raised some similar issues. She says she has been following BMG v. Cox and that the court's decision on the DMCA safe harbor provision is the issue in the case that is most likely to have wider-reaching implications.

She says the DMCA itself doesn't explicitly define a repeat infringer or lay out specific policies that ISPs must adopt.

"Courts have tended to give ISPs a lot of latitude as to how they implement repeat infringer policies," she said."