The Supreme Court justices expressed significant concerns today over a case that may determine whether Internet Service Providers (ISPs) should terminate the accounts of broadband users accused of copyright infringement. This pivotal case involves cable Internet provider Cox Communications and a coalition of record labels led by Sony.
Some justices showed skepticism regarding the notion that ISPs bear no legal duty under the Digital Millennium Copyright Act (DMCA) to terminate an account when an IP address is flagged repeatedly for pirating music. Nevertheless, the justices appeared reluctant to side entirely with the record labels, with discussions partly centered on how ISPs should manage extensive subscriber groups, such as those at universities with large user bases.
Justice Sonia Sotomayor reproached Cox for its lack of action against infringement. Addressing Cox's attorney Joshua Rosenkranz, Sotomayor stated, 'There are measures you could have taken to counteract those infringers which might have included cutting off their connections, yet you ceased taking any steps for many of them. You did not collaborate with universities to enforce anti-infringement notices to students, nor did you engage with multi-family complexes to instigate any action. Your inaction, and your client's laissez-faire approach toward the respondents, likely aggravated the jury.'
A jury had previously ordered Cox to pay over $1 billion in damages in 2019, but the US Court of Appeals for the 4th Circuit overturned this verdict in February 2024. The appeals court concluded that Cox did not directly profit from the copyright infringements by its users but upheld the jury's finding of willful contributory infringement. Cox is now appealing to the Supreme Court to dismiss the finding of willful contributory infringement, while the record labels seek a decision obligating ISPs to more rigorously terminate accounts of copyright violators.