Mar 26, 2026 - The U.S. Supreme Court ruled unanimously Wednesday that Cox Communications cannot be held liable for copyright infringement by its internet subscribers who illegally downloaded and distributed music.
The justices reversed lower court decisions in a case brought by major record labels, including Sony Music Entertainment, Warner Music Group and Universal Music Group. Justice Clarence Thomas wrote the opinion for the 9-0 court, stating that Cox neither induced users' infringement nor provided a service tailored to infringement. Justice Sonia Sotomayor wrote a concurring opinion joined by Justice Ketanji Brown Jackson.
The lawsuit, filed in 2018, accused Cox of contributory copyright infringement for failing to terminate accounts of subscribers repeatedly flagged for pirating thousands of songs. Music companies presented evidence of hundreds of thousands of infringement notices sent to Cox between 2013 and 2014. A jury in Virginia initially found Cox liable and awarded more than $1 billion in statutory damages for infringement of over 10,000 copyrighted works. The U.S. Court of Appeals for the Fourth Circuit later overturned the vicarious liability finding but upheld contributory liability and ordered a new trial on damages.
Cox argued that it could not be held responsible for the actions of its customers simply for providing general internet service, even with knowledge of some infringing activity. The company said it had policies in place to address repeat infringers but that terminating service for every flagged account would disproportionately affect legitimate users, including households, universities and hospitals.
The ruling limits the scope of secondary liability for internet service providers in copyright cases. It follows Supreme Court precedents that protect companies from liability for providing services to the general public that some users may misuse for infringement. The decision is expected to affect how internet providers handle copyright complaints and could influence similar disputes involving online platforms.
The music industry has long sought stronger measures to combat online piracy, which it says has cost billions in lost revenue. Record labels represent a large portion of the U.S. music market and hold rights to works by numerous artists.
As of Thursday, Cox Communications described the decision as a victory for the broadband industry. The case returns to lower courts for further proceedings consistent with the Supreme Court's opinion. No immediate statement on next steps came from the record labels.
