Justices Hunt for Middle Ground on Internet Liability ‘Extremes’

Supreme Court justices grappled for a middle ground in a billion-dollar music-piracy dispute Monday, trying to avoid the extreme outcomes pushed by the parties on when broadband providers can be liable for serving serial infringers.

During oral arguments, justices pressed attorneys on the implications of their proposed standards for imposing secondary copyright liability. They suggested Sony Music Entertainment and other music publishers offered too low of a bar by calling for ISPs to face liability for mere inaction if they failed to cut off users they know are illegally downloading content. And they bristled at Cox Communications’ theory that ...