Supreme Court: Can ISPs Be Liable for Piracy by Doing Nothing?
9 days ago
- #copyright-law
- #ISP-liability
- #Supreme-Court
- The Supreme Court is hearing a landmark case between major record labels and Cox Communications, determining ISP liability for pirating subscribers.
- Cox argues ISPs shouldn't be liable for subscriber actions unless they actively facilitate piracy (e.g., advertising illegal services).
- Justice Sotomayor challenged Cox with a 'gun dealer' analogy, questioning if providing internet to known infringers is complicity.
- Record labels claim Cox was 'willfully blind' to piracy, profiting from repeat infringers and disregarding the DMCA.
- The U.S. Government supports Cox, warning that broad liability could force ISPs to act as 'Internet police,' harming free speech.
- Justices expressed concerns about mass disconnections of innocent users (e.g., universities) under the labels' proposed standard.
- The case's outcome will shape future ISP policies—either enforcing strict 'repeat infringer' terminations or limiting rightsholder recourse.
- A final Supreme Court decision is expected by summer 2026.