INSUBCONTINENT EXCLUSIVE:
The Supreme Court has agreed to hear a case that could determine whether Internet service providers must terminate users who are accused of
copyright infringement.In a list of orders released today, the court granted a petition filed by cable company Cox
The ISP, which was sued by Sony Music Entertainment, is trying to overturn a ruling that it is liable for copyright infringement because it
failed to terminate users accused of piracy
Music companies want ISPs to disconnect users whose IP addresses are repeatedly connected to torrent downloads."We are pleased the US
Supreme Court has decided to address these significant copyright issues that could jeopardize Internet access for all Americans and
fundamentally change how Internet service providers manage their networks," Cox said today.Cox was once on the hook for $1 billion in the
In February 2024, the 4th Circuit court of appeals overturned the $1 billion verdict, deciding that Cox did not profit directly from
copyright infringement committed by users
But the appeals court found that Cox was guilty of willful contributory infringement and ordered a new damages trial.The Cox petition asks
the Supreme Court to decide whether an ISP "can be held liable for 'materially contributing' to copyright infringement merely because it
knew that people were using certain accounts to infringe and did not terminate access, without proof that the service provider affirmatively
fostered infringement or otherwise intended to promote it."The Trump administration backed Cox last month, saying that ISPs shouldn't be
forced to terminate the accounts of people accused of piracy
Solicitor General John Sauer told the court in a brief that the 4th Circuit decision, if not overturned, "subjects ISPs to potential
liability for all acts of copyright infringement committed by particular subscribers as long as the music industry sends notices alleging
past instances of infringement by those subscribers" and "might encourage providers to avoid substantial monetary liability by terminating
subscribers after receiving a single notice of alleged infringement."
