The United States Supreme Court reversed a lower court’s decision in the long-running Cox v. Sony Music data transport case, saying that “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 in- fringe copyrights…”
The US District Court for the Eastern District of Virginia had found in favor of copyright owners for contributory and vicarious liability, and willful infringement, and awarded $1 billion in statutory damages. A US Court of Appeals affirmed contributory liability but reversed the vicarious charge and set the damages portion aside for a new determination.
The Supreme Court reviewed the remaining contributory liability charge and concluded that liability applied only if it induced infringement or provided service designed for infringement. Sony Music Entertainment provided “no evidence of express promotion, marketing or intent to promote” infringement.
Saying that the Copyright Act does not create secondary liability, Justice Clarence Thomas wrote that transport providers like Cox are, in effect, neutral third parties that do not enable infringement by providing Internet access. The other Justices made the decision unanimous.
“The judgment of the Court of Appeals for the Fourth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion. It is so ordered,” said the Court.
The fact that infringing services were transported over the Cox network was not in question. Sony and other rights owners hired MarkMonitor to detect and track copyrighted works when suspicion arises that its delivery infringes copyright. MarkMonitor was said to have sent Cox more than 160,000 notices that identified IP addresses of Cox subscribers associated with the infringement.
Why it matters
This decision is a big win for transport providers, and will make it more difficult for rights-owners to sue them. This is likely to prompt rights-owners to redouble their efforts directly against infringing sites. Organizations like the International Broadcaster Coalition Against Piracy (IBCAP) play a supporting role.
It is difficult to say how or whether the Cox-Sony decision will affect the prospects of site blocking legislation in the United States. More than 60 country governments have passed legislation that regulates the ability for rights-holders to request ISPs to block infringing traffic. In the EU, the standard is to block within 30 minutes of notification.
Further reading
Syllabus. Cox Communications Ind., et al. v. Sony Music Entertainment et al. Certiorari to the United States Court of Appeals for the Fourth Circuit. No. 24-171. Argued December 1, 2025, Decided March 25, 2026. Supreme Court of the United States
Docket, Case 24-171. Cox Communications, Inc., et al., (Link to all briefs and docs) Petitioners v. Sony Music Entertainment, et al. Supreme Court of the United States
Court rejects billion-dollar judment for copyright infringement by internet service provider. Article. March 26, 2026. by Ronald Mann. ScotusBlog
Supreme Court significatnly narrows liability for contributory copyright infringement. Article. March 25, 2026. Mayer Brown
