WASHINGTON, March 25 (Reuters) - The U.S. Supreme Court
ruled on Wednesday Cox Communications cannot be held liable for
piracy by its internet service subscribers of songs owned by
Sony Music, Warner Music Group ( WMG ), Universal Music
Group and other labels, ending their
billion-dollar-plus music copyright lawsuit.
The 9-0 ruling overturned a lower court's decision to order
a new trial to determine how much the internet service provider
owed the record labels for a form of liability called
contributory copyright infringement. Cox had said a retrial
could have produced a verdict against the Atlanta-based ISP of
as much as $1.5 billion.
More than 50 labels joined together to sue Cox in 2018.
Internet service providers like Cox are generally not considered
liable under U.S. law for infringement by their users if they
take reasonable measures to address it. But the labels accused
Cox, the largest unit of privately owned Cox Enterprises, of
failing to respond to thousands of infringement notices, cut off
internet access for repeat infringers or take other
piracy-deterrence steps.
A jury in Alexandria, Virginia, in 2019 found that Cox owed
the labels $1 billion for user infringement of more than 10,000
copyrights. The jury found Cox liable both for contributory
infringement and vicarious infringement, two forms of secondary
copyright infringement liability.
The Richmond, Virginia-based 4th U.S. Circuit Court of
Appeals threw out the damages award in 2024. The 4th Circuit
ordered a retrial on the award's size after affirming the jury's
finding of contributory infringement but reversing its finding
of vicarious liability.
Contributory infringement involves holding parties liable
for someone else's infringement because they knew about it and
contributed to it. Vicarious infringement involves holding
parties liable for someone else's infringement because they had
the ability to control the infringement and benefited
financially from it.
Cox argued that the position taken by the labels in the case
would expand the concept of contributory infringement too
broadly. Cox said this stance would threaten to cut off access
for thousands of innocent internet users including "entire
households, coffee shops, hospitals, universities" and others
"merely because some unidentified person was previously alleged
to have used the connection to infringe."
The Supreme Court heard arguments in the case in December. A
lawyer for President Donald Trump's administration argued in
support of Cox. Alphabet's Google, Amazon ( AMZN ),
Microsoft ( MSFT ) and other internet-focused tech companies
supported Cox in the case. Music, film and book industry trade
groups backed the labels.