The U.S. Supreme Court has agreed to hear a case involving Cox Communications, which could potentially hold internet service providers liable for users’ copyright infringements. The appeal arises from a ruling that may expose Cox to up to $1 billion in damages to Sony Music Entertainment and other music companies. The case, set for the court’s next term, tests whether ISPs can be held responsible for repeated instances of piracy by users, despite not directly profiting from such activities.
This legal development follows the U.S. Court of Appeals for the Fourth Circuit’s decision, which maintained that Cox could be secondarily liable for copyright infringement through its internet services, despite overturning an initial $1 billion verdict. The ruling emphasized that Cox continued to provide internet access to users reported for infringement, potentially prioritizing revenue over legal obligations. Cox argues that cutting off internet access for all subscribers cited in infringement notices would be unreasonable, as it might unfairly affect innocent users.
The case is reminiscent of prior rulings on ISP liability, creating a divergence in the lower courts about how to apply copyright law in the context of ISPs. The Supreme Court’s decision could have significant implications for the internet service industry, potentially changing how ISPs manage and respond to infringement notifications. For further details, refer to the coverage on Law.com.