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Alignment is each justice's general judicial philosophy as commonly described, not a party. Justices don't belong to parties, and they don't always vote with their bloc.
Alignment is each justice's general judicial philosophy as commonly described, not a party. Justices don't belong to parties, and they don't always vote with their bloc.
No. 24-171 · October Term 2025
Can an internet service provider be held liable, and found to have acted willfully, for copyright infringement just because it knew users were infringing and did not terminate their access?
Cox Communications, Inc. is a major internet service provider selling internet, telephone, and cable television to millions across the United States. Between 2013 and 2014, some of Cox’s internet subscribers used peer-to-peer file-sharing networks, such as BitTorrent, to download and distribute copyrighted songs owned by numerous record companies and music publishers, including Sony Music Entertainment (the “Plaintiffs”). These record companies, through the Recording Industry Association of America (RIAA), hired a company called MarkMonitor to monitor illegal file sharing and notify internet service providers when infringement was detected. MarkMonitor sent Cox over 163,000 notices of infringement during the relevant period. In response, Cox operated a “thirteen-strike” policy, under which it warned or temporarily suspended subscribers after repeated notices, but in practice it rarely terminated service for copyright infringement, while regularly terminating service for nonpayment. Plaintiffs became frustrated with Cox’s limited enforcement against repeat infringers and sued Cox instead of its subscribers, alleging that Cox was secondarily liable for copyright infringement…
From Oyez.
Majority: Clarence Thomas, John G. Roberts, Samuel A. Alito, Elena Kagan, Neil M. Gorsuch, Brett M. Kavanaugh, Amy Coney Barrett, Sonia Sotomayor, Ketanji Brown Jackson