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Supreme Court to Weigh Cox’s Liability in $1 Billion Music Piracy Case

The case will determine if internet providers must cut off alleged infringers to maintain their DMCA safe-harbor shield

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Overview

  • The Supreme Court granted review of Cox’s appeal on June 30 and declined the record labels’ bid for cross-review, with oral arguments scheduled for its October term
  • In February 2024 the Fourth Circuit affirmed Cox’s contributory infringement liability but rejected vicarious liability and remanded the damages award for a new trial
  • A 2019 jury in Alexandria, Virginia awarded more than $1 billion to music labels after finding Cox failed to stop users from illegally downloading over 10,000 copyrighted tracks
  • Cox argues that the Fourth Circuit’s approach would force it to cut off internet access for entire households, businesses and institutions over single-user infringement notices
  • Legal experts say the Supreme Court’s ruling will set critical precedent on ISP obligations under the DMCA safe-harbor framework and influence future online piracy enforcement