Elena Kagan Questions Cox Attorney on Cooperation in Sony Music Case

The Core Question of Cooperation

• ❓ Justice Kagan directly questioned the Respondent attorney, Paul Clement, on why Sony Music Entertainment would cooperate if Cox Communications were to win the case.
• 🎯 The argument hinges on Cox's participation in a notice system, which they could abandon if they win, thereby avoiding liability.

Knowledge and Liability

• 💡 Clement argued that Cox's best response to winning would be to stop reading notices, as their position relies on Cox having knowledge.
• ⚠️ Kagan countered that without knowledge, Cox would not have liability, suggesting Cox could simply disengage from the notice system.

Willful Blindness as Knowledge

• 🧠 Clement proposed that the legal concept of willful blindness could satisfy the common law standard for aiding and abetting.
• ⚖️ He believes that if Cox explicitly states they are no longer interested in reading notices, this would constitute willful blindness.