The DOJ filed a brief to the U.S. Supreme Court advocating for Cox Communications against Sony Music in a significant copyright infringement case. Music publishers accused Cox of facilitating the illegal distribution of 10,017 works. Despite a jury ruling Cox liable for both vicarious and contributory infringement, the Fourth Circuit partially overturned this, prompting Cox's Supreme Court petition to challenge the thresholds for liability and the definitions of willfulness in copyright law. Sony's petition raises questions about profit requirements for vicarious liability, adding complexity to established distinctions in copyright infringement interpretations.
The contributory-infringement question is legally and practically important, and courts of appeals have taken divergent approaches to the question.
The DOJ filed a brief urging the Supreme Court to deny Sony's petition and grant Cox's petition concerning the liability for music copyright infringement.
The Fourth Circuit affirmed the willful contributory infringement finding against Cox but overturned the vicarious liability finding citing lack of direct profit.
Cox's petition questions whether not terminating Internet access suffices as material contribution to infringement and whether knowledge alone proves willfulness under copyright law.
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