US Supreme Court rules that internet service providers aren’t liable for music piracy

The US Supreme Court has ruled that internet service providers are not liable for their users illegally downloading music online, despite calls from major labels to curb music piracy.

A unanimous decision was made by the United States' highest court yesterday (Wednesday 25), with Justice Clarence Thomas ruling that “a company is not liable as a copyright infringer for merely providing a service to the general public with knowledge that it will be used by some to infringe copyrights.”

Music companies and record labels, including Sony Music, previously argued that internet provider Cox Communications does not do enough to stop its users from pirating music.

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In the verdict opinion written by Thomas, he argued that “Cox neither induced its users’ infringement nor provided a service tailored to infringement. Cox simply provided internet access, which is used for many purposes other than copyright infringement.”

A jury in Virginia originally ruled in favour of Sony and other record labels in 2019, awarding them $1 billion after finding Cox liable for the infringement of some 10,000 copyrighted works.

While the award was later thrown out due to an appeal, the court remained steadfast in its decision that Cox knew about piracy activity on its servers and was indirectly liable for that.

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“The evidence at trial, viewed in the light most favourable to Sony, showed more than mere failure to prevent infringement,” the appeals court said at the time.

Cox argued that a decision ruled against the company would have knock-on effects, claiming that its institutional customers, such as hospitals and universities, could be “cut off” entirely if just several of its users downloaded music illegally, CNN reports.

Gemma Ross is Mixmag’s Associate Digital Editor, follow her on X