Supreme Court Rules Isps Aren't Liable For Subscribers' Music Piracy

The Supreme Court ruled unanimously connected March 25 that Cox Communications is not liable for copyright infringement committed by its subscribers, reversing a 2024 appeals tribunal determination that had upheld nan ISP's liability.

Sony Music Entertainment and different awesome labels sued Cox successful 2018, arguing nan institution grounded to terminate net work for subscribers many times flagged for pirating copyrighted music. A assemblage awarded $1 cardinal successful statutory damages aft uncovering Cox willfully infringed each 10,017 copyrighted useful astatine issue, though this was overturned connected appeal and a caller proceedings was ordered.

Writing for nan court, Justice Clarence Thomas said a supplier is not liable "for simply providing a work to nan wide nationalist pinch knowledge that it will beryllium utilized by immoderate to infringe copyrights." A supplier is liable only if it intended aliases actively encouraged nan infringement, Thomas wrote. The determination applies nan aforesaid model nan tribunal utilized successful 2005 erstwhile it recovered file-sharing work Grokster liable for promoting piracy.

Cox serves astir six cardinal subscribers and contractually prohibits them from utilizing their connections to administer copyrighted content. A patient enlisted by nan labels to way piracy sent Cox 163,148 infringement notices complete a astir two-year period. Cox terminated conscionable 32 subscribers for copyright infringement during that span.