The US Supreme Court ruled in Cox Communications v. Sony Music Entertainment in late March 2026 that internet service providers can be held liable for copyright infringement committed by their subscribers under certain conditions.
The case establishes important precedent on the scope of secondary liability for ISPs, with potentially far-reaching consequences for how internet companies police the use of their networks.
Background of the Case
Sony Music and other major music copyright holders sued Cox Communications, arguing the ISP had knowledge of repeat copyright infringers using its network and failed to take meaningful action to stop them—despite receiving thousands of infringement notices.
Cox argued it was shielded from liability by the Digital Millennium Copyright Act's (DMCA) safe harbor provisions, which protect service providers from liability for user-generated infringing content if they follow prescribed notice-and-takedown procedures.
The Court's Ruling
The majority held that Cox forfeited its DMCA safe harbor protection by failing to implement a meaningful policy for terminating the accounts of repeat infringers. The Court found that Cox had a financial interest in retaining infringing subscribers and the ability to supervise their conduct, satisfying the elements of vicarious copyright liability. The case will now return to lower courts to determine damages, which could reach billions of dollars.
Implications for the Internet Industry
The ruling is expected to pressure ISPs to implement more aggressive repeat infringer policies, including automatic account termination triggers based on infringement notice thresholds. Critics warn this could lead to disconnection of users on the basis of unverified accusations, raising concerns about due process and internet access rights. The music and entertainment industries have hailed the decision as a major step toward meaningful online copyright enforcement.
What Comes Next
Industry groups are already calling on Congress to clarify the DMCA framework to provide clearer standards for ISP safe harbor eligibility. Technology policy advocates argue the ruling incentivizes over-enforcement and that a better solution would be to modernize copyright law to address the realities of digital distribution and streaming in the 2020s.
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