Last Updated on March 30, 2026, 10:03 am ET
On March 25, the US Supreme Court ruled that internet service provider (ISP) Cox is not liable for secondary copyright infringement for the online activities of its users based on the facts of the case Cox v. Sony. The court unanimously articulated a narrower rule for contributory infringement based on intent, rather than knowledge, making it highly unlikely that a library would ever be found liable for contributory infringement.
The case began when Sony sued Cox for failing to terminate repeat users who Sony said were repeatedly downloading or sharing copyrighted files without permission on its network, resulting in a jury verdict of $1 billion. The vicarious liability and $1 billion verdict was overturned on appeal, though the court upheld Cox’s liability for willful contributory infringement.
Had the Supreme Court ruled otherwise, ISPs could have faced either terminating their customers’ internet access or paying billion-dollar statutory damages—putting internet access for millions at stake. As the Electronic Frontier Foundation (EFF) explained in an amicus brief in support of Cox joined by ARL, ALA, and Re:Create, the consequences of losing internet access are severe and disproportionate, particularly as internet access is essential for distance learning, telework, and telemedicine.
For more on earlier stages of the case, please see this ARL news item: “ARL Joins EFF, ALA, Re:Create in Supreme Court Amicus Brief Warning Expansion of Copyright Liability Could Threaten Internet Access.”
