WASHINGTON — The Supreme Court unanimously said Wednesday that a major internet provider could not be held liable for the piracy of thousands of songs online in a closely watched copyright clash.
Music labels and publishers sued Cox Communications in 2018, saying the company had failed to cut off the internet connections of subscribers who had been repeatedly flagged for illegally downloading and distributing copyrighted music.
At issue for the justices was whether providers like Cox could be held legally responsible and required to pay steep damages if they knew that customers were pirating music but did not take sufficient steps to terminate their internet access.
In its opinion released Wednesday, the court said a company was not liable for “merely providing a service to the general public with knowledge that it will be used by some to infringe copyrights.”
Writing for the court, Justice Clarence Thomas said a provider like Cox was liable “only if it intended that the provided service be used for infringement” and if it, for instance, “actively encourages infringement.”
Justice Sonia Sotomayor, joined by Justice Ketanji Brown Jackson, wrote separately to say that she agreed with the outcome but for different reasons.
Free speech advocates urged the Supreme Court to side with Cox, warning of a chilling effect on free expression if internet companies could be on the hook for hefty penalties for the actions of their users.
Cox Communications provides internet service to more than 6 million homes and businesses in more than a dozen states.
In a statement Wednesday, Cox called the court’s unanimous decision a “decisive victory” for the industry and for Americans who “depend on reliable internet service.”
Mitch Glazier, the chair of the Recording Industry Association of America, called the ruling a disappointment after a jury’s finding “based on overwhelming evidence” that Cox had “knowingly facilitated theft.”
The music industry’s lawyers said that Cox had ignored bad actors, helping 60,000 users distribute more than 10,000 copyrighted songs for free in order to keep subscriber payments flowing. In 2019, a jury found Cox liable for all 10,017 songs at issue and awarded Sony $1 billion in damages. The company appealed.
The Trump administration backed Cox’s position, citing the government’s interest in ensuring broad availability of communications services online.
This article originally appeared in The New York Times.
