Supreme Court Agrees to Hear ISP Liability for User Piracy

The U.S. Supreme Court has agreed to hear Cox Communications v. Sony Music Entertainment, a case that could significantly impact the liability of internet service providers (ISPs) for copyright infringement committed by their users. The case centers on whether ISPs can be held liable for 'materially contributing' to infringement if they know users are pirating content but do not terminate their internet access, without proof of direct promotion or profit from the infringement. Cox is challenging a Fourth Circuit ruling that found it liable for willful contributory infringement despite overturning a $1 billion damages verdict, arguing that the ruling imposes a draconian secondary liability regime threatening internet access nationwide. The Trump administration, through the Solicitor General, supports Cox, warning that the decision could force ISPs to disconnect users based solely on allegations from the music industry, which may disrupt internet service broadly. Music publishers including Sony and others filed claims alleging Cox was responsible for widespread illegal distribution of copyrighted music, prompting this high-profile legal dispute. The Supreme Court's decision will address key questions about the nature of ISP liability, knowledge of infringement, and the requirements for willfulness under copyright law.