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Supreme Court Hears Cox Case on ISP Liability for Music Piracy

The dispute tests whether an ISP’s refusal to terminate accounts after automated notices qualifies as “material contribution” to copyright infringement.

Overview

  • Oral arguments begin Monday as the justices consider Cox’s appeal on the legal standard for holding internet providers responsible for users’ piracy.
  • The case stems from a 2019 jury verdict that awarded $1 billion to record labels, which the 4th Circuit vacated while leaving a contributory-infringement finding for further proceedings.
  • Cox, backed by the Justice Department, the ACLU, Google and X, warns that broad liability would force mass disconnections based on unverified IP notices and risk cutting off service to homes and institutions.
  • Record labels led by Sony argue Cox knowingly tolerated repeat infringers to protect revenue, noting it terminated 619,711 subscribers for nonpayment but only 32 for serial copyright abuse.
  • Rights holders say Cox-enabled sharing involved tens of thousands of works and about 60,000 customers, while tech companies caution a ruling expanding liability could ripple into AI and other online services.