REGULATORY · COMPETITIVE · USA
Supreme Court limits ISP copyright liability
Change
The Supreme Court held that Internet service providers are not contributorily liable for customers' copyright infringement unless the provider intended to induce infringement or tailored its service to enable it.
Why it matters
The Court ruled for Cox, finding ISPs not liable absent intent to induce infringement or a service tailored to infringement. The opinion states intent for contributory liability is shown only if the provider induced infringement or designed its service for that purpose. Justice Clarence Thomas delivered the opinion, joined by seven justices; Justice Sonia Sotomayor filed a concurrence joined by Ketanji Brown Jackson. The decision resolves the underlying liability question that supported prior large damage awards against Cox.
Implications
- · Reduces ISPs' exposure to large contributory-damage awards except where plaintiffs prove provider intent or that the service was tailored for infringement.
- · Removes an operational obligation for ISPs to conduct mass user terminations or broad network policing to limit liability.
- · Requires copyright holders to present evidence of provider intent or inducement to pursue damages from network operators.
Who is affected
- · Legal teams
Source
Topics
World & Politics Policy & Regulation Law & Public Safety Court Rulings Technology & Innovation Big Tech