Cox Communications filed an opening brief with the U.S. Supreme Court seeking reversal of a Fourth Circuit decision that held the ISP liable for contributory copyright infringement based on subscriber actions. Cox contends contributory liability requires affirmative, culpable conduct akin to aiding and abetting and cannot rest on merely providing internet infrastructure or continuing service after notice. Cox asserts the Fourth Circuit's ruling imposes new duties inconsistent with precedent and lacks proof of willful conduct. Cox cites Grokster and Twitter decisions emphasizing the need for deliberate affirmative acts or clear expression to foster infringement rather than passive inaction.
Only Congress can impose a new duty with such staggering consequences on internet services.
does not materially contribute to its users' copyright infringement just by providing communications infrastructure to the general public.
flouts a century of this Court's case law
clear expression or other affirmative steps
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