Supreme Court Questions Cox on ISP Copyright Liability Limits

Copyright Infringement and ISP Liability

• 💡 The court is examining whether liability for copyright infringement extends beyond direct infringers to those who materially contribute to infringement by others.
• 🎯 A key distinction is drawn between providing means of infringement to a specific known infringer versus a one-and-done sale of a generally lawful item.
• ⚠️ The argument centers on whether Cox Communications provided service to known infringers with substantial knowledge of their habitual infringement.

DMCA and Safe Harbors

• ⚖️ The discussion questions the purpose of DMCA safe harbors and liability limitations if ISPs can ignore copyright laws and cooperation.
• 🚫 Cox's position is described as extreme, suggesting they could disregard copyright notices and the DMCA entirely without consequence.
• 💬 The effectiveness of reasonable systems for taking down repeat infringers is questioned if ISPs are allowed to behave unreasonably.

Legal Standards and Precedents

• 🧠 The court seeks contours for an approach to secondary liability, referencing trademark law standards like the Inwood case.
• 🔑 A proposed limit requires the service provider to know that specified customers are substantially certain to infringe.
• 🚀 The precedent of Grokster is discussed, noting its reliance on inducement and the distinction from material contribution, which was not the central issue in that case.