Aug 21 (Reuters) - Record labels including Sony Music
, Warner Music Group ( WMG ) and Universal Music Group
have asked the U.S. Supreme Court to review a decision
that wiped out a $1 billion jury verdict for them against
internet service provider Cox Communications.
In a petition made public on Tuesday, the labels asked the
high court to reconsider a ruling that Cox was not vicariously
liable for infringing thousands of their copyrights by enabling
its users to pirate their music.
Spokespeople and attorneys for Cox and the labels did not
immediately respond to requests for comment on Wednesday.
More than 50 labels teamed up to sue Cox in 2018. They
accused Cox of failing to address thousands of infringement
notices, cut off access for repeat infringers or take reasonable
measures to deter pirates.
A Virginia jury found in 2019 that Cox owed $1 billion for
its customers' violations of more than 10,000 music copyrights.
The Richmond, Virginia-based 4th U.S. Circuit Court of
Appeals said in February that the award could not stand,
overturning the jury's ruling that Cox was vicariously liable
for its users' copyright infringement and remanding the case for
a new trial on damages.
The appeals court upheld the jury's decision that Cox was
liable for user infringement on other grounds, which Cox
challenged in a separate Supreme Court petition last week.
The labels said in their petition that the
vicarious-liability decision should be reinstated because Cox
profited from its customers' piracy. They also said that the 4th
Circuit's decision was out of line with other circuit courts'
rulings on the issue.
The case is Sony Music Entertainment v. Cox Communications,
Inc, U.S. Supreme Court, No. 24-181.
For the labels: Cate Stetson and Jo-Ann Sagar of Hogan
Lovells; and Matthew Oppenheim, Scott Zebrak and Jeffrey Gould
of Oppenheim + Zebrak
For Cox: Joshua Rosenkranz and Christopher Cariello of
Orrick Herrington & Sutcliffe; and Roman Martinez of Latham &
Watkins
Read more:
Cox to pay $1 billion to music labels, publishers over
piracy infringement
Cox Communications wins order overturning $1 billion US
copyright verdict
Cox asks US Supreme Court to overturn piracy ruling for
major labels