Overview

• On June 30 the Supreme Court agreed to hear Cox Communications’ appeal over its secondary liability for user piracy during the Court’s October term.
• The Court will determine if internet service providers lose DMCA safe-harbor protection by failing to terminate subscribers accused of repeated copyright infringement.
• In February 2024 the 4th U.S. Circuit Court upheld willful contributory infringement against Cox but reversed part of the vicarious liability verdict and remanded the case for a new damages trial.
• Sony Music, Universal Music Group and Warner Music Group sought to reinstate the original $1 billion award, but the Supreme Court declined to review that aspect of the appeals court’s decision.
• The Department of Justice filed an amicus brief backing Cox, warning that broad liability rules could force ISPs to cut off legitimate users after a single infringement notice.