Elon Musk's X has invoked a recent U.S. Supreme Court decision to argue that music publishers' copyright infringement claims against it should be dismissed. The platform contends the ruling rejects the theory of contributory liability alleged in the suit. Publishers disagree but agreed to pause discovery while briefing the issue.
X's lawyers filed a motion on March 27, citing the Supreme Court's 9-0 ruling in a separate case against internet service provider Cox. In that decision, the justices held that platforms cannot be held liable for subscribers' copyright violations unless the service is specifically marketed for infringement. X argues this precedent undermines the publishers' contributory liability claims, which accuse the platform of delaying responses to takedown requests and failing to ban repeat infringers. “If the Supreme Court had issued this opinion three years ago, X believes this court would have dismissed plaintiffs’ contributory-infringement claim in its entirety,” the attorneys wrote. They added that prior cases relied on by publishers are now invalid law. The lawsuit, filed in 2023 by major publishers including Universal Music Publishing Group, Sony Music Publishing, and Warner Chappell Music, along with independents like Concord and BMG, alleges X profits from unlicensed music posted by users. A Nashville judge allowed certain claims to proceed in 2024, with trial set for early 2027. Publishers responded on March 31, stating they disagree the Cox ruling warrants dismissal and that their allegations support moving forward. They accepted X's proposal to pause discovery for further briefs. A representative for the publishers declined additional comment. Other platforms like Meta, TikTok, and Snapchat have blanket licensing deals, but X maintains such licenses are unnecessary. Settlement talks stalled after initial progress last summer, and X countersued the National Music Publishers’ Association in January, alleging an antitrust collusion via mass takedown requests.
