Berliner Tageszeitung - US Supreme Court hears major online music piracy case

Cox Communications, a major broadband ISP, is asking the court to throw out a jury verdict awarding $1 billion in damages to Sony Music Entertainment and other record labels.

Cox was accused in the high-stakes 2019 case of failing to take action against customers accused of illegally downloading copyrighted music.

Joshua Rosenkranz, an attorney representing Cox, warned of "cataclysmic" consequences if the court did not limit the company's copyright liability.

The only way for an ISP to avoid liability is to "cut off the internet, not just for the accused infringer, but for anyone else who happens to use the same connection," Rosenkranz said.

"That could be entire towns, universities or hospitals, turning internet providers into internet police," he said.

A majority of the nine justices appeared sympathetic to the argument that many innocent subscribers could be punished for the actions of a few.

At the same time, several questioned whether Cox should entirely escape liability.

Cox, even when it is aware of copyright infringement by particular users, has apparently been "doing nothing," said Justice Sonia Sotomayor.

"Why aren't you contributing to that infringement?" Sotomayor asked.

Justice Ketanji Brown Jackson also expressed skepticism of Cox's position.

"What concerns me a bit is you're encouraging us to adopt a common law rule that would essentially eliminate liability," Jackson said.

Rosenkranz objected to the claims that the company was doing nothing to crack down on habitual copyright offenders.

Cox sends out hundreds of warnings to subscribers each day and has suspended tens of thousands of accounts accused of copyright infringement, he said.

Paul Clement, representing Sony and the other music labels, said Cox is not doing enough to tackle the problem and cannot escape liability.

"Liability for copyright infringement is not limited to direct infringers, but extends to those who induce, cause or materially contribute to the infringement of others," Clement said.

The Supreme Court is expected to issue a ruling in the case before the end of its term in June.

D. O'Sullivan--BTZ