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On December 1, 2025, the U.S. Supreme Court heard Cox Communications v. Sony Music Entertainment, a case testing whether Internet service providers can be held liable for copyright infringement by their users when the ISP continues providing service after receiving repeated infringement notices.
Cox and the U.S. government argued that secondary copyright liability requires intentional facilitation or inducement, not mere knowledge. They warned that a knowledge-based standard would force ISPs to cut off Internet access to entire buildings, campuses, and communities, undermining speech and commerce. Sony argued that Cox knowingly continued to serve habitual infringers and, under common law, intent can be inferred when infringement is substantially certain to continue.
The Justices focused on the divide between knowledge and purpose, the role of the DMCA safe harbor, and the real-world impact on shared networks. The decision could significantly reshape the balance between copyright enforcement and universal Internet access.
#CoxvSony #SCOTUS #IntermediaryLiability @CoxCommunications @SonyMusic