"The case began when music companies sued Cox Communications, arguing that the ISP should be held liable for copyright infringement committed by some of its subscribers. The Court of Appeals for the Fourth Circuit agreed, adopting a "material contribution" standard for contributory copyright liability (a rule for when service providers can be held liable for the actions of users). Under that standard, providing a service that could be used for infringement is enough to create liability when a customer infringes."
"The Fourth Circuit's rule would have devastating consequences for the public. Given copyright law's draconian penalties, ISP would be under enormous pressure to terminate accounts whenever they get an infringement notice, whether or not the actual accountholder has infringed anything: entire households, schools, libraries, or businesses that share an internet connection. These would include: Public libraries, which provide internet access to millions of Americans who lack it at home, could lose essential service."
Copyright holders sued Cox Communications to hold the ISP responsible for subscriber infringement under contributory liability. The Fourth Circuit adopted a "material contribution" test, ruling that providing a service that can be used for infringement can create liability when a customer infringes. That standard could compel ISPs to act as enforcement agents and terminate accounts after infringement notices to avoid severe statutory penalties. Account suspensions would threaten millions who depend on shared connections, including public libraries, universities, hospitals, schools, and local governments. The Supreme Court will decide whether ISPs must face such secondary liability and enforcement pressure.
Read at Electronic Frontier Foundation
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