politics
Supreme Court hears case that could trigger big crackdown on Internet piracy
Justices want Cox to crack down on piracy, but question Sony’s strict demands.
TL;DR
- The Supreme Court heard oral arguments in a case between Cox Communications and record labels concerning ISP liability for copyright infringement.
- Justices questioned whether ISPs have a legal obligation under the DMCA to terminate accounts of users flagged for piracy.
- The court considered the practical challenges of enforcing account termination for large entities like universities and hotels.
- Cox argued it already has anti-infringement programs and that suing individual infringers is a more direct approach.
- Record labels want a ruling that compels ISPs to take more action against infringing users.
- The US government supported Cox, arguing that secondary liability requires a purpose to facilitate violations, which passive provision of service does not meet.
- Concerns were raised about the overbreadth of terminating Internet access and potential First Amendment issues.
- The case could clarify the distinction between nonfeasance and misfeasance in secondary copyright liability.