Courthouse Steps Decision: Cox Communications, Inc. v. Sony Music Entertainment
Cox Communications v. Sony Music Entertainment addressed whether an internet service provider can be held liable—and found to have acted willfully—for copyright infringement based solely on its awareness of user misconduct and its failure to terminate those users’ access. Sony Music and several publishers sued Cox, alleging that its subscribers used Cox’s network to illegally download copyrighted works.
On March 25, 2026, the Supreme Court issued a unanimous decision in favor of Cox. The Court held that a service provider is contributorily liable for a user’s infringement only if it intended for its service to be used for infringement. Such intent can be shown only if the provider induces the infringement or designs its service to facilitate it. Because Cox neither induced its users’ infringing activity nor tailored its service for that purpose, the Court concluded that Cox is not contributorily liable for infringement of Sony’s copyrights.
Join us for a Courthouse Steps program to discuss this case, its decision, and future implications.
Featuring:
- Michael Friedland, Partner, Friedland Cianfrani LLP
- Prof. Zvi Rosen, Associate Professor, UNH Franklin Pierce School of Law
- (Moderator) Satya Marar, Research Fellow, Mercatus Center, George Mason University
*******
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
