Supreme Court Sides with Cox in Copyright Battle with Sony
WASHINGTON — The Supreme Court on Wednesday unanimously ruled that internet service providers (ISPs) are generally not liable for copyright infringement even if they know their users are downloading copyrighted works. The 9-0 decision throws out Sony Music Entertainment’s lawsuit and a $1 billion jury verdict against Cox Communications.
Lower courts had initially upheld the lawsuit against Cox, finding the ISP contributed to music piracy by doing little to stop it. Sony’s lawyers presented evidence of hundreds of thousands of instances of Cox customers sharing copyrighted works, arguing that Cox failed to adequately address the issue despite being place on notice.
However, the Supreme Court determined that simply knowing of user infringement is not enough to establish liability. “Under our precedents, a company is not liable as a copyright infringer for merely providing a service to the general public with knowledge that it will be used by some to infringe copyrights,” Justice Clarence Thomas wrote for the court.
A Shift from Past Rulings
This ruling contrasts with a 2005 decision involving Grokster and Napster, where the court sided with music and motion picture producers, finding that the software was specifically designed to facilitate copyright infringement. The court distinguished the current case, stating that Cox did not “intend for that service to be used to commit copyright infringement” and “neither induced its users’ infringement nor provided a service tailored to infringement.”
Industry Reaction
Mitch Glazier, chairman of the Recording Industry Association of America (RIAA), expressed disappointment with the ruling, stating the case was “based on overwhelming evidence that the company knowingly facilitated theft.” He emphasized the need for policymakers to consider the impact of the decision, noting it applies specifically to “contributory infringement” cases and doesn’t cover those who directly copy, host, or distribute infringing material. SCOTUSblog provides further details on the case.
Cox argued that holding ISPs liable for user actions could lead to bankruptcy due to the potential for massive lawsuits, particularly given the difficulty of preventing copyright infringement.
Looking Ahead
Legal experts suggest the entertainment industry may need to explore alternative solutions. Attorney Michael K. Friedland noted that the issue is a “technological problem,” and the industry will need to “solve the problem itself — by developing its own better technology to protect its intellectual property.”
Rachel Landy, a copyright law professor at Cardozo Law School, suggested the record industry might need to seek legislative action. “The record industry could go after the individual users…but that led to suboptimal outcomes in the past,” she said. “It may be that their best recourse is to go to Congress for a fix.”
Free Speech Advocates Celebrate the Decision
The American Civil Liberties Union (ACLU) and the Center for Democracy and Technology (CDT) supported Cox in the case and welcomed the Supreme Court’s decision. Samir Jain, a CDT attorney, called it “a win for freedom of speech,” arguing that a ruling against Cox could have turned ISPs into “censorship machines acting on behalf of powerful rights-holders.” The ACLU released a statement celebrating the decision’s impact on online free expression.
The case is Cox Communications, Inc. V. Sony Music Entertainment, No. 24-171. The Court issued its ruling on March 25, 2026.
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