US Supreme Court rules on liability for contributory infringement in internet access services

The US Supreme Court has issued a key ruling in Cox Communications v. Sony Music Entertainment, redefining the scope of liability for contributory copyright infringement on the internet. The unanimous ruling overturns a $1 billion judgment against an internet access provider and significantly strengthens the threshold required to hold digital intermediaries liable for the infringing conduct of their users.

Key points:

• Knowledge of infringement as an insufficient element: the Court rules out that knowledge, even repeated and arising from multiple notifications, of the existence of infringements by users is sufficient to establish liability. This element alone does not prove legally relevant participation in the infringing conduct.
• Intentionality as a central requirement of contributory infringement: a specific intent to facilitate or promote infringement is required, which limits liability to cases in which the provider (i) actively induces infringement or (ii) configures its service in a way that specifically favours such unlawful uses.
• Reaffirmation of the Sony/Betamax doctrine: the Court insists that services with substantial lawful uses fall outside the scope of contributory liability, even if they are significantly used to infringe rights. In this context, internet access qualifies as a general purpose, non-infringement oriented service.
• Scope of obligations vis-à-vis infringing users: the absence of more stringent measures, such as systematic termination of the service, does not amount to facilitating or aiding and abetting conduct. The Court thus rejects a conception of the intermediary as a guarantor of its users' behaviour.
• Function and limits of the DMCA regime: the safe harbour system does not introduce a general duty of supervision nor does it redefine the substantive criteria of liability. In particular, the possible non-compliance with its requirements does not automatically imply that the provider is in breach.

Overall, the judgment consolidates a restrictive approach to intermediary liability, focusing on intentionality and service neutrality, which strengthens the protection of digital service providers against imputation of third party conduct.

Article written by the TMT area of ECIJA Madrid.

Links: 

• Supreme Court of the United States, Cox Communications, Inc. v. Sony Music Entertainment et al. No. 24-171, 25 March 2026.