IP Law Daily, STRATEGIC PERSPECTIVES: Music industry, ISP take dispute over liability for users’ piracy to Supreme Court, (Nov 20, 2025)

By Thomas Long, J.D.

Article previews upcoming oral argument in high-stakes case involving the standard for contributory copyright infringement liability.

On December 1, the U.S. Supreme Court will hear arguments in a copyright fight between music-industry heavyweights and Internet service provider (ISP) Cox Communications over Cox’s potential liability for its customers’ illegal file-sharing and downloading of over 10,000 copyrighted recordings. In Cox Communications, Inc. v. Sony Music Entertainment, No. 24-171, the Court has been asked to review a decision of the U.S. Court of Appeals for the Fourth Circuit, holding that Cox was contributorily liable based on its knowledge of multiple infringing acts by customers, and its failure to terminate those customers’ accounts. A jury in December 2019 set damages at $1 billion, although that award was vacated by the appellate court because it partially depended on a count for vicarious copyright infringement, which failed because Cox did not profit from its subscribers’ acts of infringement. Still, if Cox remains on the hook for contributory infringement, a revised damages award could be for a very large amount of money.

Besides the financial stakes, Cox and other critics of the Fourth Circuit’s holding argue that the appellate court’s “expansive” interpretation of secondary copyright liability could have significant policy implications. They contend that this result would have the practical effect of forcing ISPs to cancel accounts based on a small number of accusations, leading to a “mass eviction” from the Internet.

In its petition for review and brief supporting its case, Cox asserts that the Fourth Circuit erred in holding that it was liable for “materially contributing” to copyright infringement, without proof that it affirmatively fostered infringement or otherwise intended to promote it. The music industry parties—led by Sony Music Entertainment and including the largest recording labels and music publishers—contend that Cox’s failure to terminate repeat infringers was “egregious” behavior that gave rise to secondary liability under traditional legal principles. They allege that Cox put its bottom line ahead of the interests of copyright owners.

A Strategic Perspectives article, titled “Supreme Court tackling high-stakes questions over ISP’s liability for users’ music piracy,” examines the parties briefs to get an idea of what the arguments might entail, as well as the amicus brief filed by the U.S. Solicitor General, who will be participating in the session and arguing in favor of reversing the Fourth Circuit’s decision. The article is available here.

MainStory: TopStory StrategicPerspectives Copyright TechnologyInternet SupremeCtNews GCNNews