Could This Infringement Case Cut off Internet Access for Millions?

The Supreme Court is set to hear a case that, depending on how the Court decides, could potentially end the internet as we know it. At least, that’s what one of the parties in the case is arguing before the Supreme Court, which is set to determine liability for alleged copyright infringement actions.

Are ISPs Liable for Infringement?

The case asks whether internet service providers (ISPs) can be liable if they allow, facilitate, or at least don’t take measures to stop online piracy. The suit is brought by numerous copyright holders and entertainment labels, alleging that the ISPs are essentially aiding and abetting the infringement that happens online, by knowingly allowing it to happen and not shutting down internet access for those who are infringing.

This theory is not new; it even has a name: contributory infringement. Contributory infringement is when someone helps, assists in, or facilitates, another in violating others intellectual property rights.

You may remember in the 90s the online file sharing service called Napster getting shut down for simply acting as a clearinghouse for people to swap music freely.

ISPs Say No Liability

But the issue here is different, because this case asks whether ISPs can be liable for infringement.

The ISPs say they cannot; they just provide internet service, but they do not monitor, regulate or govern the information that is passed on the internet, much like your cell phone provider does not monitor or regulate or govern what people say or text on their cellphones.

The ISPs argue that if they are held liable, to protect themselves they will have to start shutting down any site that could potentially carry infringing material. And that could mean shutting down a lot of sites, just in an abundance of caution so that the ISPs can protect themselves from being sued.

The Defendant Cox Communication says it would go bankrupt if the verdict were to stand, thus leaving many without internet service, and the chilling effect would likely put other service providers out of business as well, effectively cutting off the internet to millions.

Was Cox Slow to Stop Infringement?

A lower court actually did already find Cox Communication, the Defendant ISP in the case, liable for $1 billion, and that is what is currently being appealed to the Supreme Court. During that case, the jury heard evidence that Cox may have taken a less than diligent approach to dealing with known infringers, actions that may have inflamed the jury and led to the large verdict.

The record labels suing Cox, say that Cox failed to do anything about infringers, despite getting numerous warnings and notices of the infringing material.

Some justices were concerned that if Cox were not to be found liable, there would be no incentive for any ISP to monitor and prevent infringement online. But other judges pointed out that ruling against Cox could potentially affect millions of innocent internet users.

A decision in the case is expected in the summer of 2025.

Call our West Palm Beach commercial litigation attorneys at Pike & Lustig to help you with your intellectual property legal issues.

Sources:

musicbusinessworldwide.com/us-supreme-court-weighs-isp-liability-in-1bn-piracy-case-between-cox-and-major-labels/

reuters.com/legal/government/us-supreme-court-hear-copyright-dispute-between-cox-record-labels-2025-12-01/