Music Labels: US Support for Cox in Copyright Fight 'Is Bewildering'
The U.S. siding with Cox Communications in the ISP's cert petition before the U.S. Supreme Court (see 2505280001) "is bewildering," music label respondents said in a supplemental brief Tuesday (docket 24-171). They said the government's brief makes it sound as…
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if the 4th U.S. Circuit Court of Appeals held that an ISP can be "contributorily liable" for copyright violations by having a less-than-foolproof policy of policing subscribers' infringement. Cox was found liable for taking no meaningful steps at all, the music labels noted. The government is urging the court to back an ISP that could have avoided liability "but instead chose to look the other way." They said vicarious liability is the only area where there's a circuit court split, and SCOTUS shouldn't grant cert "just to second-guess" the 4th Circuit on contributory liability.