WASHINGTON – the Supreme Court is hearing arguments in a case that could reshape how internet service providers are held accountable for copyright infringement by their customers, potentially impacting millions of users. The case, Sony Music Entertainment v.Cox Communications, centers on whether Cox knowingly profited from widespread music piracy on its network and failed to adequately address it, and could clarify the legal responsibilities of ISPs in policing online copyright violations.
The dispute stems from a years-long legal battle between Sony Music and Cox, with music companies arguing that Cox deliberately ignored repeated copyright infringement by its subscribers to retain customers and revenue. Trade associations for the music industry contend that lawsuits against ISPs were a last resort after attempts to collaborate on solutions failed. The outcome of the case could determine whether ISPs face greater financial penalties for failing to curb piracy on their networks, and could influence future strategies for combating online copyright infringement.
According to court documents, peer-to-peer file sharing - a common method for music piracy – once accounted for as much as 21% of all traffic on Cox’s network, Sony alleges. Sony’s lawyers highlighted an email from a Cox manager overseeing compliance with the Digital Millennium Copyright Act (DMCA) who reportedly wrote, “F the dcma!!!”
The core of the legal question is whether Cox can be held liable for ”knowing” about and benefiting from its customers’ illegal activity. “Cox has no one but itself to blame for having made the intentional choice not to take even minimal steps to address its customers’ repeat infringement,” Sony’s lawyers wrote in a brief to the court.
Though,Cox maintains it should not be held responsible for the actions of individual users. According to an amicus brief filed in the case, the lower courts found that “Cox was not found liable for merely knowing that its customers engaged in infringement,” but rather “was subjected to enhanced statutory damages because it knowingly engaged in a campaign to flout its legal obligations in the interest of preserving revenue.”
The case is being closely watched by the music industry, internet service providers, and digital rights advocates, as it could set a precedent for future copyright enforcement efforts and the responsibilities of internet intermediaries. A decision is expected in the coming months.