Supreme Court Weighs Limits on ISP Liability in Music piracy Case
WASHINGTON - December 1,2025 - The Supreme Court heard arguments today in Cox Communications v. Sony Music Entertainment, a case with perhaps far-reaching implications for music piracy and internet access. Justices grappled with how to balance copyright protection with concerns about overbroad internet service provider (ISP) liability and potential disruptions to service.
The case centers on whether cox Communications can be held responsible for copyright infringement committed by its customers, even if the company doesn’t directly participate in the illegal activity. Sony Music alleges cox profited from widespread piracy on its network and failed to adequately respond to repeated notices of infringement.
During oral arguments, Justice Sonia Sotomayor expressed concern over evidence suggesting Cox did not act on notices from an antipiracy company regarding users downloading or distributing copyrighted music, stating, “You did nothing.”
Cox’s attorney,Rosenkranz,argued that an ISP shouldn’t be liable for customer violations even with repeated notification. Justice Amy Coney Barrett challenged this position, asking what incentive Cox would have to curb piracy if not held accountable. Rosenkranz responded that Cox aims to be a responsible corporate citizen.
The case has drawn meaningful attention from various stakeholders. The Department of Justice, tech companies X and Google, and the American Civil Liberties Union have filed briefs supporting Cox. Deputy Solicitor General Malcom Stewart acknowledged a ruling for Cox could reduce incentives to stop piracy, but argued this might be acceptable to prevent “extremely overbroad” service terminations.
Justices Alito and Barrett raised concerns about the potential for the lower court’s decision to threaten internet access for universities and entire regions. Paul Clement, representing the record labels, suggested the court could create exceptions for such scenarios. He warned that a loss for the music industry would leave them with limited recourse against mass piracy, calling individual lawsuits a “teaspoon solution to an ocean problem.”
The court is expected to issue a decision by the end of June or early July.The outcome will likely shape the future of copyright enforcement in the digital age and define the responsibilities of ISPs in policing their networks.
