Ketanji Brown Jackson Questions Lawyer on ISP Culpability in Copyright Infringement Cases

Defining Culpability for ISPs

• ❓ Justice Ketanji Brown Jackson questioned a lawyer regarding the culpability of Internet Service Providers (ISPs) in copyright infringement cases, specifically in the context of Cox Communications, Inc. v. Sony Music Entertainment.
• 💡 The lawyer argued that an ISP can only be deemed culpable if it engages in clear expression, such as inducement, or affirmative acts that align itself with infringement.

The Limits of Providing Internet Services

• 🚫 Continuing to provide internet services to a known infringer was stated as not an affirmative act that assigns culpability to the ISP.
• ⚖️ The lawyer maintained that even if an ISP knowingly sells services to a customer who admits to being an internet infringer and has been sued before, there is no secondary liability for the ISP under the presented arguments.

Hypothetical Scenarios and Legal Precedent

• 🏠 A hypothetical was presented where an ISP is the customer's only option for internet service, and the ISP is aware of the customer's infringing activities.
• 🤝 The lawyer asserted that even under these specific facts, the ISP would not be liable, emphasizing that the ISP's act of selling services equally to all customers is equivocal and does not align the seller with the purpose of promoting infringement.
• 📜 This position was further supported by referencing legal precedent, including Smith and Wesson and Twitter, which also require a culpable act beyond merely providing a service.