Mastodawn

#SCOTUS Sides With #InternetProvider in #Copyright Fight Over #PiratedMusic

Leading #music labels sued Cox Communications for failing to terminate accounts of subscribers flagged for distributing copyrighted music.

The #SupremeCourt unanimously said on Wednesday that a major internet provider could not be held liable for the #piracy of thousands of songs online in a closely watched copyright clash.

#law #IntellectualProperty #business
https://www.nytimes.com/2026/03/25/us/politics/supreme-court-cox-music-copyright.html?smid=nytcore-ios-share

Supreme Court Sides With Internet Provider in Copyright Fight Over Pirated Music

Leading music labels sued Cox Communications for failing to terminate accounts of subscribers flagged for distributing copyrighted music.

The New York Times

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Nonilex

#Music labels & publishers sued Cox Communications in 2018, saying the company had failed to cut off the #internet connections of subscribers who had been repeatedly flagged for illegally downloading & distributing copyrighted music.

At issue for #SCOTUS was whether providers could be held legally responsible & required to pay steep damages—a billion dollars or more in Cox’s case—if they knew that customers were pirating music but did not take sufficient steps to terminate their access.

#law

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Nonilex 1d ago

In its opinion released Wednesday, #SCOTUS said a company was not liable for “merely providing a service to the general public with knowledge that it will be used by some to infringe copyrights.”

Writing for the court, Justice #ClarenceThomas said a provider like Cox was liable “only if it intended that the provided service be used for infringement” & if it, for instance, “actively encourages infringement.”

#law #music #copyright #IntellectualProperty #internet #business

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Nonilex 1d ago

Justice Sonia Sotomayor, joined by Justice Ketanji Brown Jackson, wrote separately to say that she agreed with the outcome but for different reasons.

Courts have long held that people can be liable for providing another person or entity with the tools to commit #copyright infringement. 2 decades ago, for instance, the #SCOTUS unanimously ruled that the file-sharing company Grokster could be held responsible for the violations of its users.

#law #music #IntellectualProperty #internet #business

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Nonilex 1d ago

But in a pair of more recent cases in 2023 unrelated to #copyright #law, #SCOTUS declined to hold #technology platforms liable for problematic #content posted by their users, but did not ultimately resolve the question of whether platforms are ever responsible for such content.

#music #IntellectualProperty #internet #business

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Nonilex 1d ago

In the Cox case, #FreeSpeech advocates urged the #SCOTUS to side with the #InternetProvider, warning of a chilling effect on free expression if #internet companies could be on the hook for hefty penalties for the actions of their users. The advocates argued that such a ruling could result in speech-related lawsuits against other kinds of intermediaries, including #bookstores & #socialmedia platforms.

#law #music #copyright #IntellectualProperty #business

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Nonilex 1d ago

Cox Communications provides #internet service to >6 million homes & businesses in more than a dozen states. During oral arguments in December, justices from across the ideological spectrum raised concerns that siding with the #music industry could result in #InternetProviders like Cox being forced to cut off access to large account holders such as hospitals & universities because of the illegal acts of individual users.

#law #copyright #IntellectualProperty #business

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Nonilex 1d ago

While #music #piracy is not the existential threat to the #business that it was when the #internet was newer — before paid streaming services became popular — the industry’s lawyers told #SCOTUS that illegal uploading & downloading of music had become faster than ever & continued to rob #artists of their exclusive rights.

They said that Cox had ignored bad actors, helping 60,000 users distribute >10,000 copyrighted songs for free in order to keep subscriber payments flowing.

#law #copyright

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Nonilex 1d ago

In 2019, a jury found Cox liable for all 10,017 songs at issue & awarded #Sony $1 billion in damages. The company appealed.

The US Court of Appeals for the Fourth Circuit upheld the jury’s finding against Cox, saying there was sufficient evidence that the company was to blame for #copyright infringement on its network.

#law #music #IntellectualProperty #internet #business #SCOTUS

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Nonilex 1d ago

But the court ordered a new trial on a separate issue & vacated the $1 billion judgment, saying Cox did not profit from subscribers downloading & distributing the copyrighted songs.

The #Trump admin backed Cox’s position, citing the government’s interest in ensuring broad availability of communications services online.

#law #SCOTUS #music #copyright #IntellectualProperty #internet #business

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Tom Capuder 1d ago

@Nonilex

The record companies want the exclusive right to screw the artists.

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FinchHaven sfba 1d ago

@Nonilex

"...the industry’s lawyers told #SCOTUS that illegal uploading & downloading of music had become faster than ever & continued to rob #artists of their exclusive rights."

"...& continued to rob #artists of their exclusive rights"

That is the absolute pinnacle of hypocrisy, given that it is the music industry itself that has been robbing artists of their full monetary share of their creations since the 1950s

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lin11c 1d ago

@Nonilex
They should pay. They can afford it. Of course the "Supremes" allow corporate theft. They know that music creators don't have the means to fight back.