Several large internet service providers, including Verizon, Altice USA, Frontier Communications, and Lumen, have filed a brief with the U.S. Supreme Court in support of Cox Communications’ appeal in a landmark piracy liability case. The ISPs argue that the current ruling creates “extortionate pressure” that could lead to the termination of innocent subscribers’ internet access. The case revolves around who is responsible for internet piracy: the users who share pirated material or the ISPs that fail to respond to “repeat infringers” as required by the Digital Millennium Copyright Act (DMCA).
In 2018, Sony and other music copyright holders sued Cox, claiming that the company did not adequately fight piracy on its network and failed to terminate repeat infringers. A jury in the Eastern District of Virginia ruled that Cox must pay $1 billion in damages to the major record labels. Although the U.S. Court of Appeals for the 4th Circuit vacated the $1 billion verdict, it affirmed the jury’s finding of willful contributory infringement and ordered a new damages trial.
The ISPs’ brief asserts that the 4th Circuit ruling “imperils the future of the Internet” by exposing them to massive liability if they do not carry out mass internet evictions.
Isps contest piracy liability burden
They argue that cutting off a subscriber’s service would harm innocent residents in a home who did not infringe and may have no connection to the infringer.
The ISPs also point out that the automated processes used by copyright holders to find infringement on peer-to-peer networks are “famously flawed.” Despite this, the appeals court’s view of contributory infringement would force ISPs to terminate any subscriber after receiving allegations of copyright infringement. Boston College Law School Professor Alfred Yen also wrote in support of Cox’s appeal, emphasizing that the court’s interpretation of contributory copyright infringement law is flawed. He argues that the 4th Circuit’s logic could lead to other service providers being held liable simply for continuing to provide services to potential infringers.
The Supreme Court is considering both briefs to determine if they will hear Cox’s appeal. The respondents, a group of major record labels including Sony and Universal, are expected to file their opposition brief soon. The case highlights the ongoing debate about the responsibilities of ISPs in policing copyright infringement on their networks and the broader implications for internet governance and user rights.
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