The Supreme Court ruled unanimously on March 25 that Cox Communications cannot be held liable for copyright infringement by its internet subscribers. The 9-0 decision in Cox Communications v. Sony Music Entertainment reverses a $1 billion jury verdict and dismantles a legal theory the music industry has relied on for over a decade. [1]

Justice Thomas, writing for the court, held that Cox did not "induce" its subscribers to illegally download copyrighted music. The mere act of providing internet service — even with knowledge that some users pirate content — does not make the provider liable for those users' infringement. Justice Sotomayor concurred separately. [2]

The ruling eliminates the music industry's most powerful tool for mass copyright litigation against internet providers. Sony and other labels had argued that ISPs like Cox bore responsibility because they continued providing service to users flagged for repeated piracy. The court rejected that chain of liability entirely. [3]

The practical effect is immediate. Pending suits built on the same legal theory — that ISPs are secondarily liable for what their customers do online — now face the same fatal deficiency. The decision does not legalize piracy, but it removes the deep-pocketed intermediary that made suing individual downloaders unnecessary.

-- Maya Calloway, New York