Supreme Court Seeks DOJ Opinion on $1B Cox Communications Copyright Case
The Supreme Court has requested the Department of Justice's input on the ongoing copyright infringement case between Cox Communications and major record labels, marking a significant development in this high-stakes legal battle.
Department of Justice headquarters Washington DC
The case originated from allegations that Cox failed to properly address repeat copyright infringement by its customers, despite receiving infringement notices. A jury initially awarded the record labels a $1 billion verdict in late 2019.
In February 2024, an appellate court significantly altered the landscape by:
- Ruling Cox was not liable for vicarious infringement
- Overturning the $1 billion verdict
- Ordering a new trial to recalculate damages
Both parties sought rehearings: the labels to maintain the full $1 billion award, and Cox to challenge remaining liability issues, including whether a secondary infringer can be deemed willful and subject to enhanced statutory damages.
After the appellate court declined to review its ruling, both parties attempted to escalate to the Supreme Court. The Supreme Court has now requested the Solicitor General to "file a brief expressing the views of the United States."
This case carries significant precedential weight for ongoing rightsholder-versus-ISP infringement cases, including a recent action against Verizon filed by major labels, which Verizon is seeking to dismiss as "legally deficient."
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