Justices to Weigh Broad Liability Axioms in ISP Copyright Fight

Nov. 28, 2025, 10:05 AM UTC

US Supreme Court justices will weigh how to apply common law third-party liability principles to digital copyright law when they hear argument Monday in a case asking them to decipher when an internet service provider is responsible for subscribers’ music piracy.

Cox Communications Inc. is seeking to escape a finding of contributory copyright infringement for insufficiently addressing music piracy. The slew of music publishers who sued the ISP lost their $1 billion damages verdict on appeal, but retained the liability finding. If that survives the high court they could plausibly secure a comparable windfall in a new damages trial.

The ...

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