Big Content has realised that it was on a hiding to nowhere by suing users but it could do better if it targeted ISPs who would then shut off users. Sony sued Cox and convinced a district court judge that the ISP was responsible when its subscribers — home and business internet users — infringe the copyright in music recordings by sharing them on peer-to-peer networks.

An earlier lawsuit found that Cox wasn't protected by the Digital Millennium Copyright Act's (DMCA) safe harbour provisions that protect certain internet intermediaries, including ISPs, if they comply with the DMCA's requirements.

Now, the EFF's is warning that a bad copyright decision by a district court judge could lead many Americans to lose their internet access.

"In going after ISPs for the actions of just a few of their users, Sony Music, other major record labels, and music publishing companies have found a way to cut people off of the internet based on mere accusations of copyright infringement", the EFF warned.

When these music companies sued Cox Communications, an ISP, the court got the law wrong. It effectively decided that the only way for an ISP to avoid being liable for infringement by its users is to terminate a household or business's account after a small number of accusations — perhaps only two. The court also allowed a damages formula that can lead to nearly unlimited damages, with no relationship to any actual harm suffered, the EFF claims.

If not overturned, this decision will lead to an untold number of people losing vital internet access as ISPs start to cut off more and more customers to avoid massive damages.

In this case, the same court found that Cox was on the hook for the copyright infringement of its customers and upheld the jury verdict of $1 billion in damages — by far the largest amount ever awarded in a copyright case.