The US Supreme Court ruled unanimously on March 25 that internet service providers like Cox Communications are not liable for their subscribers' copyright infringement. The decision, written by Justice Clarence Thomas, reversed a lower court finding against Cox in a long-running dispute with Sony Music Entertainment. The ruling draws on precedents from the 1984 Betamax case and 2005 Grokster decision.
The Supreme Court issued its opinion in Cox Communications v. Sony Music Entertainment, siding with the internet provider after years of litigation. Sony and other labels sued Cox in 2018, alleging the company failed to terminate repeat infringers. A jury awarded $1 billion in damages in 2019, a figure later overturned, though a federal appeals court in 2024 upheld Cox's liability for willful contributory infringement. The justices heard arguments in December 2025 before today's unanimous reversal, with two justices concurring in the judgment but not the reasoning. Justice Clarence Thomas wrote that a company is not liable for merely providing a service to the public with knowledge of some infringing uses. Contributory liability requires intent to induce infringement or a service tailored to it, lacking substantial noninfringing uses. Thomas cited Cox's internet access as capable of such uses and noted the provider's warnings, suspensions, and terminations after notices from MarkMonitor, which sent 163,148 alerts over two years. Cox serves about six million subscribers and contractually bans infringement, terminating just 32 accounts in that period. The opinion invoked Sony's 1984 Betamax win, where VCRs were deemed noninfringing, and contrasted it with the 2005 Grokster case, where active promotion led to liability. Chief Justice John Roberts, Justices Samuel Alito, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett joined Thomas. Justice Sonia Sotomayor, joined by Ketanji Brown Jackson, concurred, agreeing Cox lacked intent but criticizing the majority for limiting secondary liability theories and undermining DMCA incentives for ISPs to act against infringers. Cox hailed the ruling as affirming ISPs are not 'copyright police.' The RIAA expressed disappointment, calling for policy review.
