The question
Whether an internet service provider is contributorily liable for its users' copyright infringement when it neither induced the infringement nor provided a service tailored to infringement.
Cox Communications, Inc. v. Sony Music Entertainment
What the Court decided
The Court reversed and held that Cox is not contributorily liable for its users' infringement of Sony's copyrights. Contributory liability requires that the provider intended its service to be used for infringement, which can be shown only if the provider induced the infringement or provided a service tailored to that infringement. Cox did neither. The Court declined to expand secondary copyright liability beyond the forms recognized in its precedents.
How the justices split
UnanimousThe Court's opinion
Thomas, joined by Roberts, Alito, Kagan, Gorsuch, Kavanaugh, Barrett
The Copyright Act does not expressly impose liability for infringement committed by another, and Congress imposes secondary liability expressly when it intends to. The Court recognizes only the forms of secondary copyright liability that predated the Act and is unwilling to expand liability beyond those precedents. Contributory liability requires intent that the service be used for infringement, which can be shown only by inducement or by a service tailored to infringement. Cox neither induced its users' infringement nor provided a service tailored to infringement, so it is not contributorily liable.
Concurring in the judgment
Sotomayor, joined by Jackson
Sotomayor agreed that Cox is not contributorily liable but wrote separately, concurring in the judgment rather than joining the Court's reasoning.
How we know · 5 sourced claims
The Court held that a service provider is contributorily liable for a user's infringement only if it intended the service to be used for infringement.
Source: syllabus, Held
That intent can be shown only if the provider induced the infringement or provided a service tailored to that infringement.
Source: syllabus, Held
The Court found that Cox neither induced its users' infringement nor provided a service tailored to infringement, and is therefore not contributorily liable for infringement of Sony's copyrights.
Source: syllabus, Held
Justice Thomas delivered the opinion of the Court, joined by Roberts, Alito, Kagan, Gorsuch, Kavanaugh, and Barrett.
Source: syllabus, lineup
Justice Sotomayor filed an opinion concurring in the judgment, joined by Justice Jackson.
Source: syllabus, lineup