Supreme Court Sides with Cox in Copyright Fight over Pirated Music (nytimes.com)

by oj2828 345 comments 402 points
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345 comments

[−] djoldman 52d ago
For those like myself who wanted context:

> Cox Communications v. Sony Music, 607 U.S.___ (2026), was a United States Supreme Court case regarding the liability of an internet service provider for its subscribers engaging in copyright infringement.

> Cox Communications was sued by multiple music labels for lax enforcement of its users engaged in sharing the labels' copyrighted music, arging Cox finacially benefitted from these users. A jury trial found Cox to be liable. On appeal to the Fourth Circuit, the court dismissed findings that Cox engaged in vicarious infringment, but held that Cox was still liable for contributory infringement, with Cox potentially owing several million dollars to the labels.

> In a 9-0 decision, the Supreme Court found that Cox Communication was not contributorily liable for the actions of its users, reversing the Fourth's decision.

https://en.wikipedia.org/wiki/Cox_Communications,_Inc._v._So...

[−] jonny_eh 51d ago
I wouldn't normally side with a cable company, but they're up against Sony Music, so I'll allow it. See: https://en.wikipedia.org/wiki/Sony_BMG_copy_protection_rootk...
[−] _2d30 51d ago
I don't know maybe just be worried instead about being on the side of justice and what is right and not be so worried if that side has people you don't like on it.
[−] chii 51d ago
a lot of people determine what is right by who is on that side - the right side is the group that they identify with, and the wrong side is the group they dislike.

And you get the hilarious (if not sad) situations often, where the exact same actions is wrong if committed by one group, and right if done by some other group.

[−] lowercased 51d ago
Maybe I dislike a party because they're wrong, not that I think they're wrong becuase I dislike them? I usually don't have any reason to like or dislike a party until I see behaviour.
[−] snapcaster 51d ago
That's not hilarious or sad. It's valid to oppose your enemies and support your allies. It takes a certain kind of educated liberal bubble to think that is "hilarious"
[−] jdlshore 51d ago
Some people think that justice should be blind, and that’s long been an ideal in the US.
[−] sethaurus 51d ago
It's a matter of integrity. Support or oppose whoever you like, but if you change your principles based on the person in question, then you don't have principles at all.
[−] Eisenstein 51d ago
What happens is that it takes the form of attributing bad things to enemies and good things to allies, such that you are blind to where your allies are not your allies. If your allies are acting opposed to your interests but you like them because they signal to you as an in group, then you are being fooled by them. Thus, it is good to actually evaluate things on their merits once in a while.
[−] Dylan16807 50d ago
Support your allies, yes.

Think everything they do is right? Hell no.

And every once in a while you need to check if your list of allies should change.

[−] naasking 51d ago

> not be so worried if that side has people you don't like on it.

I think the point is that they don't like Sony music because they are so often on the wrong side, this time included.

[−] throwaway894345 51d ago
Presumably the parent’s objection to ISPs and copyright cartels is precisely that they are so frequently (and to such a large degree) unjust. FWIW, I don’t think the parent’s objection was subtle about that point, I’m frankly not sure how it was overlooked.
[−] jumpman_miya 51d ago
[dead]
[−] shevy-java 51d ago
It really has nothing to do with Sony as such though. This is a common finding; 9:0 is also a clear message. If service providers are held accountable then arms producers also have to be held accountable. Or politicians who drive up prices via racket scheme such as a certain guy using orange powder on his wrinkly face. Someone is stealing money from stock exchange - that is also becoming increasingly clear from the trading pattern. Krugman pointed this out not long ago, without naming anyone specifically but I guess we can kind of infer who was meant.
[−] shiroiuma 51d ago
Yep, on the evil scale, Sony Music definitely ranks well ahead of Cox Cable.

Now, if this were Comcast vs. Sony Music, it would be a closer call, but I still think Sony would have the edge.

[−] yieldcrv 51d ago
Good, contributory copyright infringement is an invention of the courts and I’m glad that finally made it to the Supreme Court

Bigger deal than people think

I believe this removes the liability from seeding just a chunk of a torrent, we can get those seed ratios back up without VPNs and seed boxes

[−] marco-erppilot 51d ago
So the Supreme Court unanimously let Cox off the hook basically ruling that just providing internet access isn't enough to pin contributory infringement on an ISP, even if users are clearly pirating. Big win for ISPs, tough news for the labels.
[−] spl757 50d ago
The only positive thing I can say about Cox is that they fought this fight and won.

Cox stil sucks, no symmetic B/W in 2026? Cox thinks you only need to upload at 10% of the download speed you are paying for. i.e 300Mbit down, 30Mbit up speed limits (just an example).

At least I have options where I am. So many don't.

[−] jetrink 52d ago
Hilariously (and appropriately), the decision cites Sony Corp. of America v. Universal City Studios, Inc., also known as the "Betamax case."

> (a) “The Copyright Act does not expressly render anyone liable for infringement committed by another.” Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417, 434.

> In Sony, copyright owners sued the maker and the retailers of the Betamax video tape recorder. Id., at 422. The tape recorder could be used to record copyrighted television programs for later personal viewing, which would not constitute infringement. Id., at 449. On the other hand, it could also be used to reproduce and sell copyrighted television programming, which would constitute infringement. Ibid. The lower court found the Betamax maker liable because the tape recorder was “not suitable for any substantial noninfringing use” and infringement “was either the most conspicuous use or the major use of the Betamax product.” Id., at 428 (internal quotation marks omitted). This Court reversed, concluding that “[t]he Betamax is . . . capable of substantial noninfringing uses”—like personal use—so “sale of such equipment to the general public does not constitute contributory infringement.” Id., at 456.

[−] thot_experiment 52d ago
A tiny victory. Copyright should not be more than a decade. This intellectual property system is one of the worst things to happen in modern society is what I would have said a few years ago, now I got bigger problems but I'm still mad.
[−] Sparkle-san 52d ago
Glad to have one less reason to incentivize ISPs to monitor every single thing we do on the internet.
[−] scott_w 52d ago
Just to try and understand the decision, an analogy that’s coming to mind would be like saying a van manufacturer wouldn’t have liability if it’s used in a bank robbery. However if the manufacturer sold it with the intent for the buyer to use it for bank robbery (the manufacturer having the intent in this case, as well as the robber themselves), then they could become partially liable.

Have I got that right?

[−] ls612 52d ago
9-0 against the record labels. This effectively ends a long running strategy of trying to milk ISPs for people torrenting without a VPN. At the same time it likely puts things like the *Arr stack at more risk given their more tailored nature.
[−] maxwg 51d ago

> Holding Cox liable merely for failing to terminate Internet service to infringing accounts

Imagine giving the power to rightsholders to terminate anyone's internet service with e.g, a DMCA takedown. I'm sure that won't be abused at all, and is a very necessary step to protecting "artists"

[−] rimunroe 52d ago
Funnily enough the only time I ever got in trouble for torrenting anything was when Cox was my ISP circa 2009. I'd been torrenting some PSP game and my connection went down. When I called the helpline they explained what happened and said they'd restore access once I confirmed I'd deleted the downloaded file.
[−] ww520 52d ago
This is huge. Sony is trying to make Cox into law enforcement to do their biddings. The Supreme Court struck that down.
[−] busymom0 52d ago

> They said that Cox had ignored bad actors, helping 60,000 users distribute more than 10,000 copyrighted songs for free

This is such a tiny number for a company which provides internet to over 6 million homes. I was expecting it to be in millions or at least hundreds of thousands.

[−] Pxtl 51d ago
When AI trainers are making a complete mockery of copyright law I have trouble caring about piracy in general.
[−] Kye 52d ago
[−] kmeisthax 52d ago
So... does that mean we don't have to care about takedown notices anymore?

Like, the only reason to comply with such an onerous and censorious takedown regime was specifically to disclaim contributory copyright liability that SCOTUS just unanimously decided to erase. Is it such that as long as people aren't stupid and don't market their services as an infringement facilitator, which most don't, that they don't have to honor 512 takedown notices now? Conversely, services dumb enough to actually market themselves as infringement tools probably can't get rid of their liability by the 512 safe harbor. So there's no reason to actually honor a DMCA takedown request anymore.

[−] JasserInicide 51d ago
Ok while superficially great news but the supreme cynic in me is starting to think: what if the RIAA et al go to ISPs and saying they will pay them to continue monitoring this stuff and if they bring them to court, sue them and win they will give them a cut of the winnings? Would something like this even be financially feasible i.e. a profit motive inserted somewhere into the equation that ISPs would continue monitoring torrent activity?
[−] shevy-java 51d ago
I think if the courts would have ruled differently then arms producers would have to be held accountable and liable too, at all times. After all they contributed to a problem, which would be comparable to the court case here if one follows the "logic" presented by Sony.
[−] nekusar 52d ago
I have to pay property tax forever for a house I supposedly own. If I dont pay that, the government sues and takes my house. Basically I never actually own my house.

(Of course, we have "Evil Communist China" where there is no property tax, and people own their homes and can live there. Id argue they're more free than we are.)

But copyrights and patents and trademarks? There's no tax on those "properties". And gee, companies are the ones to likely own these properties, not individuals.

[−] nashashmi 52d ago
If sony equipment was used in facilitating the copyright violation, would that make Sony liable?
[−] bickfordb 52d ago
I wonder what effect this will have on file sharing services like Megaupload?
[−] shmerl 51d ago
If anyone wonders, that's a good result. Sony was in the wrong here.
[−] doomboiardee 51d ago
I wonder if OpenAI, et.al were eagerly awaiting this verdict because once an ISP is liable...well I'm sure you can extrapolate from there.
[−] strogonoff 52d ago
It’s interesting to see how as soon as intellectual property theft starts to be critical for powerful interests the legal system magically gets more lenient about copyright enforcement.

The balance between public good and protecting IP ownership of the creatives (which is, paradoxically, also part of the public good) has to be struck and enforced consistently.

[−] selectively 52d ago
Rare good decision from SCOTUS.
[−] marysminefnuf 51d ago
The supreme court’s conservative majority likes cox it seems.
[−] jklinger410 51d ago
A rare W for Cox here.
[−] shevy-java 52d ago

> The provider of a service is contributorily liable for a user’s infringement only if it intended that the provided service be used for infringement

So they try to hold the provider responsible. While I disagree with this, I can at the least understand some rationale behind it, even though this is inconsistent. For instance, if someone uses a gun to shoot down someone, why is the company providing the gun not held accountable here? They should also be forced to pay compensation damage to people being harmed here. But this is besides the point I am trying to make.

The thing is that I do not want to be held accountable under such a law. I believe when it comes to information, courts should not be allowed to restrict me or anyone else in any way, shape or form. I want a free society. That means flow of information can never be restricted by any such actors. Granted, this is not possible right now anywhere on Planet Earth as far as I am aware, and I understand the implication of this too (no more secrets possible), but I want this 100%. Yet I can't have that because courts restrict me, and all those who want the same, arbitrarily so. IMO this also means that such courts must be changed. Right now we have corporate courts where the money addiction flows in. I understand this system and the problems of this system. This is why there must be a transition starting from the society, to no longer make it possible to restrict service providers here in any way, shape or form. The same would apply to democracy - I don't want to accept indirect democracy run by lobbyists. I want to be in charge, in proportion to my vote, at all times, of every decision (I am ok delegating this to representatives, mind you, but not automatically and not always; in indirect democracy you vote for some representative who can then do whatever he wants to. I am not ok with this. How many former Trump voters would, right now, want Trump to be gone from power, or in prison? I think many would, considering the damage he caused and is still causing).

[−] dmvjs 51d ago
so just ask again tomorrow?
[−] brumbelow 52d ago
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[−] indolering 52d ago
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[−] russellbeattie 52d ago
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[−] tencentshill 52d ago
This isn't good. They can still sue you, but now they need proof that you as an individual behind that public IP did it. This will only incentivize them to join the push for ID requirements.