- Supreme Court unanimously reversed $1B piracy lawsuit against Cox, ruling ISPs not copyright police
- Cox called decision a ‘decisive victory’ for broadband industry, allowing focus on open internet and consumer privacy
- RIAA CEO expressed disappointment, saying decision narrows copyright protection for creators
In a rare unanimous decision, the Supreme Court ruled that Cox Communications cannot be held liable in a $1 billion piracy suit brought by major record labels.
Universal Music Group, Sony Music Entertainment, Warner Music, and other right holders sued Cox Communications in 2018 after it received tens of thousands of notices alleging infringement of copyrighted music.
In 2019, the labels won the lawsuit and the $1 billion award. Fast-forward to 2024: the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, reversed that decision, ruling that the $1 billion in damages was not an appropriate amount and that a new trial must be held to determine the new amount.
The Supreme Court picked up the case last June, with oral arguments being held in December.
In his opinion, Supreme Court Justice Clarence Thomas wrote:
“Under our precedents, a company is not liable as a copyright infringer for merely providing a service to the general public with knowledge that it will be used by some to infringe copyrights. Accordingly, we reverse.”
He continued, “Cox provided internet service to its subscribers, but it did not intend for that service to be used to commit copyright infringement. Holding Cox liable merely for failing to terminate internet service to infringing accounts would expand secondary copyright liability beyond our precedents.”
Cox Communications Called The Decision A “Decisive Victory” For The Broadband Industry
Here’s what Cox Communications said on the decision:
“The Supreme Court’s unanimous opinion is a decisive victory for the broadband industry and for the American people who depend on reliable internet service. This opinion affirms that Internet service providers are not copyright police and should not be held liable for the actions of their customers — and after years of battling in the trial and appellate courts, we have definitively shut down the music industry’s aspirations of mass evictions from the internet.
“Internet service providers provide the critical communications infrastructure for millions of Americans,” the statement continued. “Today’s decision allows us to focus on our goals of preserving open internet access, protecting consumers’ privacy, and ensuring that broadband remains a reliable resource for the families and businesses in the communities we serve.”
RIAA Chairman & CEO, Mitch Glazier Was Not Happy With The Supreme Court’s Decision
Mitch Glazier, RIAA chairman and CEO, expressed disappointment in the Supreme Court’s decision:
“We are disappointed in the Court’s decision vacating a jury’s determination that Cox Communications contributed to mass scale copyright infringement, based on overwhelming evidence that the company knowingly facilitated theft. To be effective, copyright law must protect creators and markets from harmful infringement and policymakers should look closely at the impact of this ruling. The Court’s decision is narrow, applying only to ‘contributory infringement’ cases involving defendants like Cox that do not themselves copy, host, distribute, or publish infringing material or control or induce such activity.”
Reps for Sony, Warner, and Universal did not provide a comment when Variety reached out.
