Supreme Court limits ISP liability
The U.S. Supreme Court ruled that internet service providers generally aren’t liable for users’ pirated music — a major win for ISPs and a setback for the recording industry that has pushed for broader takedown responsibility. The decision reshapes legal exposure for platforms that host user content and could slow future industry attempts to hold carriers accountable. (mediainstitute.org)
In Cox Communications, Inc. v. Sony Music Entertainment (No. 24‑171), the Supreme Court issued a unanimous decision on March 25, 2026, with Justice Clarence Thomas delivering the opinion for the Court. (supremecourt.gov) The Court held that contributory copyright liability requires intent and can be established only where a defendant affirmatively induced infringement or supplied a service “tailored” to infringement. (supremecourt.gov) A jury in 2019 had awarded roughly $1 billion in statutory damages after finding Cox willfully contributorily liable for unauthorized copying of more than 10,000 works, and the Fourth Circuit later vacated the damages award while affirming aspects of contributory‑liability findings that prompted Supreme Court review. (oyez.org) More than 50 record labels, led by Sony Music and joined by Universal and Warner, filed the suit in 2018 and targeted about 57,000 Cox customer accounts alleged to have engaged in peer‑to‑peer file‑sharing. (thehill.com) Justice Sonia Sotomayor, joined by Justice Ketanji Brown Jackson, concurred in the judgment but criticized the majority’s narrowing of secondary‑liability doctrine and urged that other common‑law routes such as aiding-and-abetting remain available to copyright plaintiffs. (mayerbrown.com) The U.S. Solicitor General’s office participated at oral argument on December 1, 2025, with Deputy Solicitor General Malcolm L. Stewart appearing as amicus curiae in support of the petitioners’ position. (supremecourt.gov)
