"Briefing is ongoing in the merits case which will be likely decided in Spring 2026. Cox Communications, Inc. v. Sony Music Entertainment, No. 24-181 (U.S. cert. granted July 1, 2025). The case centers on whether an ISP can be held liable for contributory copyright infringement for continuing to provide internet access to subscribers it knows are repeat infringers, without proof of specific affirmative conduct to promote infringement."
"Adjudged infringer Cox argues that the Fourth Circuit's approach in the case uses a diluted standard for "material contribution" that threatens to unravel decades of carefully calibrated secondary liability doctrine. The music industry counters that Cox's conduct went beyond passive provision of service - by knowingly maintaining internet access for accounts that received tens of thousands of infringement notices, Cox substantially assisted ongoing piracy and should face liability."
The Supreme Court will determine whether an ISP can be liable for contributory copyright infringement for continuing to provide internet access to subscribers known to be repeat infringers without proof of specific affirmative conduct. Cox argues the Fourth Circuit applied a diluted material-contribution standard that undermines secondary liability doctrine. The music industry asserts Cox substantially assisted piracy by maintaining service for accounts that received tens of thousands of infringement notices. The decision could extend to patent law due to the historic kinship between contributory liability standards, affecting interpretations of §271(b) inducement, §271(c) contributory infringement, and willfulness-based enhanced damages.
Read at Patently-O
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