Cox Fights Music Industry’s Liability Allegations at Supreme Court

WASHINGTON, Oct. 22, 2024 – Cox Communications is defending itself in a copyright infringement case where Sony Music Entertainment and other music industry players seek to hold the company liable for its subscribers' piracy and copyright infringements.

Brief of Cox Communications in Opposition

A defendant is not vicariously liable for another’s copyright infringement unless “the defendant [1] profits directly from the infringement and [2] has a right and ability to supervise the direct infringer.” Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. Respondent Cox Communications charges the same flat fee for internet service regardless of what users do on the internet. The Fourth Circuit ruled that Cox does not therefore meet the first element when its customers use the internet to infringe copyrighted works, noting that “it is the infringement itself that must in some fashion profit the defendant for vicarious liability to attach.”

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On Monday, Cox opposed Sony’s Supreme Court request to overturn a lower court ruling in Cox’s favor. Cox is urging the high court to deny the plaintiffs’ petition for a writ of certiorari, arguing that the U.S. Court of Appeals for the Fourth Circuit correctly interpreted law when it vacated an unprecedented $1 billion judgment against Cox in February.

“Plaintiffs forget that they are trying to hold Cox vicariously liable not for anything it has done, but for the infringing acts of its customers.