High Court Sends Grande Case Back to Fifth Circuit After Cox

The US Supreme Court instructed the Fifth Circuit to apply its new standard for ISP copyright liability to the music industry’s case against Grande Communications Networks LLC.

Grande, a Texas internet service provider, failed to convince the US Court of Appeals for the Fifth Circuit to reverse a copyright infringement liability verdict, though the court nixed a $47 million damages award. But in Cox Communications Inc.'s landmark March 25 win at the high court, the justices set rigid guidelines for when ISPs can be held liable for contributing to user infringement.

Monday’s remand means the Fifth Circuit and a Texas ...