The US Supreme Court has invited the federal government to provide input on a copyright dispute between major music labels and Cox Communications, one of the US’s largest internet service providers.
The dispute stems from a $1 billion jury verdict originally awarded to more than 50 labels owned by Sony Music Entertainment (the lead plaintiff), as well as Universal Music Group and Warner Music Group.
The labels accused Cox of not doing enough to prevent its subscribers from illegally downloading and distributing copyrighted music through peer-to-peer networks.
On Monday (November 25), the Supreme Court said in a brief statement: “The Solicitor General is invited to file a brief in this case expressing the views of the United States.”
“The Solicitor General is invited to file a brief in this case expressing the views of the United States.”
US Supreme Court
Bloomberg noted that the timing of the request suggests it will be managed by John Sauer, President-elect Donald Trump’s designated Solicitor General and the federal government’s top courtroom lawyer.
In 2019, a federal jury in Alexandria, Virginia found Cox enabled subscribers to copy over 10,000 musical works without authorization. The jury awarded nearly $100,000 per instance of copyright infringement, totaling $1 billion.
In February 2024, the verdict was overturned, with the 4th US Circuit Court of Appeals ordering a new trial to be held after concluding that the penalty was not justified.
The court then declined to rehear that ruling in March without offering a reason.
In August, Cox asked the Supreme Court to overturn the ruling, saying it “would force ISPs to terminate internet service to households or businesses based on unproven allegations of infringing activity, and put them in a position of having to police their networks – contrary to customer expectations.”
The case represents broader tensions between ISPs and music labels in the digital age. Labels have also brought similar lawsuits against other ISPs including Charter Communications, Frontier Communications and Astound Broadband, suggesting the Supreme Court’s eventual ruling could set a precedent for how digital platforms manage potential copyright violations.
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