Overview
- During oral arguments in Cox v. Sony, the justices pressed both sides on what counts as “material contribution” when providers receive repeated infringement notices tied to IP addresses.
- Justice Samuel Alito and Justice Neil Gorsuch highlighted risks to universities and hospitals if liability pushes providers to cut off large accounts, while Justices Sonia Sotomayor and Elena Kagan challenged Cox on evidence of inaction and the role of safe harbors.
- The Justice Department, along with Google, X and the ACLU, supported Cox in briefs warning that expansive secondary liability could turn providers into internet police and harm access.
- The dispute follows a 2019 jury finding of willful contributory infringement and a $1 billion award against Cox, with the 4th Circuit later vacating damages and ordering a new trial on that issue.
- Record labels say Cox enabled about 60,000 customers to share more than 10,000 works and cite internal communications, while Cox argues notices are unverified and that avoiding lawsuits would require sweeping terminations; a ruling is expected by June 2026.