""The CAFC's decision in Amarin 'has invited harms to competition, consumers, and governance,' and '[g]iven the close linkage between patent and copyright law, such harms could similarly arise unless copyright law's material-contribution test is further clarified and tailored.'" - Amicus brief of Charles Duan, Professor of Patent Law Late last week, 18 amicus briefs were filed in Cox Communications, Inc. v. Sony Music Entertainment,"
"Music publishers including Sony, Arista Records, Warner Music and Universal Music Group filed copyright claims against Cox in July 2018, alleging that Cox was liable for the infringement of 10,017 musical works that were illegally distributed by the ISP's subscribers. A 2020 jury verdict found Cox liable for both vicarious and contributory infringement, leading to a $1 billion damages verdict against Cox after damages were increased for the jury's willfulness finding."
Eighteen amicus briefs were filed in Cox Communications, Inc. v. Sony Music Entertainment, with the majority supporting Cox and the AIPLA alone recommending affirmance of the Fourth Circuit's ruling. Major music publishers including Sony, Arista Records, Warner Music, and Universal Music Group sued Cox in July 2018, alleging liability for distribution of 10,017 musical works by subscribers. A 2020 jury found Cox liable for vicarious and contributory infringement and returned roughly $1 billion after willfulness-related damages increases. In February 2024 the Fourth Circuit affirmed willful contributory liability, overturned vicarious liability, and remanded damages. Cox petitioned the Supreme Court in August 2024 to challenge whether failure to terminate alleged infringers' internet access constitutes material contribution and whether mere knowledge suffices for willfulness under 17 U.S.C. § 504(c). The Supreme Court granted review and Cox filed its opening brief on August 29.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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