Cox Victory Limits ISP Copyright Liability

The 9-0 decision concluded a long-running legal battle where Sony Music Entertainment sought massive damages against Cox for not aggressively blocking services to users downloading protected works. A district court initially found Cox vicariously liable for infringement of 10,017 copyrighted works, awarding Sony $1 billion.

The 4th U.S. Circuit Court of Appeals tossed vicarious liability but upheld contributory piracy. The Supreme Court disagreed, stating that merely knowing about infringing conduct is insufficient for contributory infringement; plaintiffs must show the ISP "induced" or "encouraged" piracy.

Justice Clarence Thomas wrote the majority opinion, emphasizing that Cox did not intend for its service to be used for infringement. Justices Sotomayor and Jackson concurred but expressed reservations about limiting secondary liability.

Cox applauded the ruling, stating ISPs "are not copyright police." The Recording Industry Association of America (RIAA) expressed disappointment, with CEO Mitch Glazier noting the decision's narrow application to "contributory infringement" where defendants do not directly copy or distribute. This ruling contrasts with the 2005 Grokster case, where software companies were held liable for promoting infringement.