On June 30, the US Supreme Court agreed to review a lower court’s decision for the years-old case between Cox Communications and Sony, in which Sony had sued and won its claim that Cox infringed copyright when it enabled distribution of Sony music via Cox broadband network; by allowing its Internet access customers to bypass licensing and payment to the rights holders.
The outcome of the case will have a direct effect on the ways that services are delivered to consumers via the Internet, including changes to the ways in which households are monitored for infringing activity; and to ensure that non-infringing users don’t lose access. The Supreme Court will hear the case in Fall 2025.
History of the case
In 2018, Sony Corp. and other music industry groups sued Cox claiming that Cox should be held responsible – or secondarily liable – for its customers’ alleged copyright infringement. Evidence that Cox users at specific IP addresses had been downloading copyrighted music was collected during 2013-2014 by MarkMonitor, which sent more than 160,000 automated take-down notices to Cox, which, in turn, sent warnings to those subscribers.
In 2019, a jury found Cox liable under two theories – vicarious infringement and contributory infringement – and ruled that Cox was liable for more than $1 billion in damages; which Cox appealed.
In February 2024, the Fourth Circuit Court of Appeals reversed that verdict, saying that Cox was not vicariously liable for the actions of its consumers because Cox did not profit from its users’ infringing acts. But it ruled that Cox was still liable for contributory infringement; meaning that Cox, and by extension, all internet providers, can be held responsible for their subscribers’ activity.
Cox filed a petition for review in August 2024 and in May 2025, the US Solicitor General recommended that the Court accept Cox’s case, the Supreme Court has decided to hear the case. A press release from Cox is linked below. As of this writing, Sony had not yet responded with public comments.
Further reading
U.S. Supreme Court agrees to hear significant copyright case. Press release. June 30, 2025. Cox Communications
Cox Communications Inc, et al, v Sony Music Entertainment, et al. On petitions for writs of certiorari to the US Court of Appeals for the Fourth Circuit. Brief for the United States as Amicus Curiae. by Dl John Sauer, Solicitor General (et al). May 28, 2025. Supreme Court of the United States.
Cox Communications Inc and CoxCom LLC, Petitioners v Sony Music Entertainment, et al., Respondents. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Fourth Circuit. Filed August 14, 2024. Case 24-171. United States Court of Appeals for the Fourth Circuit
Sony Music Entertainment et al, Plaintiffs and Appellees v Cox Communications Incorporated, Coxcom LLC, Defendants – Appellants (and amici for both sides). Appeal from the US District Court for the Eastern District of Virginia (1:18-cv-00950). Filed February 20, 2024. No. 21-1168. US Court of Appeals for the Fourth Circuit
Supreme Court grants cert in first (and only) IP case of 2024: Billion dollar ISP copyright contributory liability case. Article. July 1, 2025. by Dennis Crouch. PatentlyO
Supreme Court to decide whether ISPs must disconnect users accused of piracy. Article June 30, 2025. Ars Technica
Why it matters
If the Fourth Circuit court ruling stands, Internet service providers would have to end service to households where an infringing activity (e.g. consumption of unlicensed content) took place. Cox contended that this decision is flawed because it would force the service provider to ensure that no infringing act was taking place; ending access to household members who had nothing to do with an infringing act.
