A major Internet service provider has petitioned the Supreme Court to rule that ISPs should not be required to disconnect broadband users accused of piracy. Cox Communications, which faces a copyright infringement lawsuit from Sony, submitted a petition for review on Tuesday.
The case traces back to a 2018 lawsuit by Sony and other music copyright holders, who accused Cox of not adequately combating piracy on its network and failing to terminate repeat offenders. A jury in the Eastern District of Virginia found Cox liable, resulting in a $1 billion damages award in 2019. This verdict was later vacated by the US Court of Appeals for the 4th Circuit, although the court upheld findings of willful contributory infringement against Cox.
The appeals court indicated that Cox failed to make a crucial argument regarding the contributory infringement charge in its original trial, emphasizing that proving such infringement by an ISP involves establishing “willful blindness.” The Supreme Court had previously addressed related issues in a 2005 ruling in MGM v. Grokster.
Digital rights organizations, including the Electronic Frontier Foundation (EFF), have voiced opposition to requiring ISPs to disconnect accused users, citing potential unjust impacts on innocent and vulnerable users. The core of Cox’s argument to the Supreme Court revolves around the legal standards for secondary liability in copyright infringement cases, which they argue have been inconsistently applied across different circuit courts.
For more detailed information, access the full article on Ars Technica.