Supreme Court Wants US Input On Whether ISPs Should Be Liable For Users' Piracy

An anonymous reader quotes a report from Ars Technica: The Supreme Court signaled it may take up a case that could determine whether Internet service providers must terminate users who are accused of copyright infringement. In an order (PDF) issued today, the court invited the Department of Justice's solicitor general to file a brief 'expressing the views of the United States.'

In Sony Music Entertainment v. Cox Communications, the major record labels argue that cable provider Cox should be held liable for failing to terminate users who were repeatedly flagged for infringement based on their IP addresses being connected to torrent downloads. There was a mixed ruling at the US Court of Appeals for the 4th Circuit as the appeals court affirmed a jury's finding that Cox was guilty of willful contributory infringement but reversed a verdict on vicarious infringement 'because Cox did not profit from its subscribers' acts of infringement.' That ruling vacated a $1 billion damages award and ordered a new damages trial. Cox and Sony are both seeking a Supreme Court review. Cox wants to overturn the finding of willful contributory infringement, while Sony wants to reinstate the $1 billion verdict.

The Supreme Court asking for US input on Sony v. Cox could be a precursor to the high court taking up the case. For example, the court last year asked the solicitor general to weigh in on Texas and Florida laws that restricted how social media companies can moderate their platforms. The court subsequently took up the case and vacated lower-court rulings, making it clear that content moderation is protected by the First Amendment.

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