Cox v. Sony Supreme Court Battle: ISP Files Final Reply Brief Over Copyright Liability

Cox v. Sony Supreme Court Battle: ISP Files Final Reply Brief Over Copyright Liability

By Marcus Bennett

November 18, 2024 at 12:02 AM

Cox Communications office building exterior

Cox Communications office building exterior

Cox Communications has filed its final reply brief with the Supreme Court ahead of a crucial November 22nd conference that will determine whether the Court will review their ongoing copyright dispute with Sony Music Entertainment.

The core issue centers on Internet Service Provider (ISP) liability for copyright infringement. Cox argues against the Fourth Circuit's ruling that would require ISPs to terminate internet access for entire households and businesses after just two accusations of infringement, potentially affecting innocent users.

Key points from Cox's reply brief:

  • The current ruling would force ISPs to disconnect hospitals, universities, and regional ISPs to avoid liability
  • Cox challenges the requirement to terminate 57,000 customers over a two-year period based solely on second infringement accusations
  • The company argues that believing oneself to be a bystander with no duty to stop others' illegal conduct does not constitute recklessness
  • Cox emphasizes the urgent need for Supreme Court review, citing a three-way circuit conflict and confusion in applying 40-year-old Sony precedents to modern internet

The brief concludes that further "percolation" of this issue would only worsen the situation, making immediate Supreme Court review crucial to prevent widespread internet access terminations based on minimal copyright infringement accusations.

The Supreme Court's November 22nd conference will decide whether to review the case or let the current ruling stand, keeping Cox liable for copyright infringement across its network.

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