Supreme Court of the United States · Official docket →
Cox Communications, Inc., et al. v. Sony Music Entertainment, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-1168 · judgment February 20, 2024
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a business petitioner, and a Fourth Circuit decision below.
Questions presented
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This Court has held that a business commits contributory copyright infringement when it "distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps to foster infringement." Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 545 U.S. 913, 919 (2005). The courts of appeals have split three ways over the scope of that ruling, developing differing standards for when it is appropriate to hold an online service provider secondarily liable for copyright infringement committed by users. Did the Fourth Circuit err in holding that a service provider can be held liable for "materially contributing" to copyright infringement merely because it knew that people were using certain accounts to infringe and did not terminate access, without proof that the service provider affirmatively fostered infringement or otherwise intended to promote it?
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Generally, a defendant cannot be held liable as a willful violator of the law-and subject to increased penalties-without proof that it knew or recklessly disregarded a high risk that its own conduct was illegal. In conflict with the Eighth Circuit, the Fourth Circuit upheld an instruction allowing the jury to find willfulness if Cox knew its subscribers' conduct was illegal-without proof Cox knew its own conduct in not terminating them was illegal. Did the Fourth Circuit err in holding that mere knowledge of another's direct infringement suffices to find willfulness under 17 U.S.C. § 504(c)?
Counsel of record
For petitioner
E. Joshua Rosenkranz
Orrick, Herrington & Sutcliffe LLP
For respondent
Paul D. Clement
Clement & Murphy, PLLC
Case
Conference history
Distributed for 2 conferences
Amicus briefs
3 cert-stage · 29 merits
(18 supporting pet./neither, 11 respondent)
Linked docket
23A1066
Argument & decision
Argued December 1, 2025 — E. Joshua Rosenkranz · Paul D. Clement. Audio and transcript
Decided March 25, 2026. Opinion by Thomas.
Proceedings
- Apr 27 2026Judgment Issued.
- Mar 25 2026Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed an opinion concurring in the judgment, in which Jackson, J., joined.
- Dec 01 2025Argued. For petitioners: E. Joshua Rosenkranz, New York, N. Y.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Paul D. Clement, Alexandria, Va.
- Nov 10 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Nov 07 2025Reply of petitioners Cox Communications, Inc., et al. filed. (Distributed)
- Nov 04 2025Sealed material received electronically from the United States District Court for the Eastern District of Virginia and available with the Clerk. The remainder of the record is electronic and is available on PACER.
- Oct 29 2025Deferred joint appendix Volume 1 and 2 filed. (Distributed)
- Oct 22 2025CIRCULATED
- Oct 22 2025Brief amici curiae of Former Members of Congress, et al. filed. (Distributed)
- Oct 22 2025Brief amicus curiae of Motion Picture Association, Inc. filed. (Distributed)
- Oct 22 2025Brief amici curiae of SoundExchange, Inc., et al. filed. (Distributed)
- Oct 22 2025Brief amici curiae of The Authors Guild, Inc., et al. filed. (Distributed)
- Oct 22 2025Brief amicus curiae of Professor Bruce E. Boyden filed. (Distributed)
- Oct 22 2025Brief amicus curiae of The Copyright Alliance filed. (Distributed)
- Oct 22 2025Brief amici curiae of Association of American Publishers, Inc., et al. filed. (Distributed)
- Oct 22 2025Brief amicus curiae of Intellectual Property Law Scholars in support of respondents filed. (Distributed)
- Oct 22 2025Brief amicus curiae of National Center on Sexual Exploitation filed. (Distributed)
- Oct 22 2025Brief amici curiae of National Music Publishers’ Association, et al. filed. (Distributed)
- Oct 22 2025Brief amicus curiae of Association of Amicus Counsel filed. (Distributed)
- Oct 21 2025Record requested from the United States Court of Appeals for the Fourth Circuit.
- Oct 21 2025Sealed material received electronically from the United States Court of Appeals for the Fourth Circuit and available with the Clerk. The remainder of the record is electronic and is available on PACER.
- Oct 17 2025SET FOR ARGUMENT on Monday, December 1, 2025.
- Oct 15 2025Brief of respondents Sony Music Entertainment, et al. filed.
- Oct 15 2025Brief of respondents (reprinted), per filing of joint appendix, filed (Nov. 3, 2025). (Distributed)
- Sep 22 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Sep 18 2025Notice of Errata of American Civil Liberties Union, American Civil Liberties Union of Virginia, and Center for Democracy and Technology not accepted for filing. (September 24, 2025)
- Sep 05 2025Brief amicus curiae of United States filed.
- Sep 05 2025Brief amicus curiae of Grande Communications Networks, LLC filed.
- Sep 05 2025Brief amicus curiae of Computer & Communications Industry Association filed.
- Sep 05 2025Brief amicus curiae of X Corp. filed.
- Sep 05 2025Brief amici curiae of Common Sense Copyright Coalition, et al. filed.
- Sep 05 2025Brief amici curiae of Electronic Frontier Foundation, et al. filed.
- Sep 05 2025Brief amici curiae of Professor Christopher Cotropia, et al. filed.
- Sep 05 2025Brief amici curiae of American Civil Liberties Union, et al. filed.
- Sep 05 2025Brief amici curiae of Joshua Moon, et al. filed.
- Sep 05 2025Brief amicus curiae of Floor64, Inc., d/b/a The Copia Institute filed.
- Sep 05 2025Brief amici curiae of Intellectual Property Law Scholars in support of petitioners filed.
- Sep 05 2025Brief amici curiae of Engine Advocacy, et al. filed.
- Sep 05 2025Brief amici curiae of Altice USA, Inc., et al. filed.
- Sep 05 2025Amicus brief of American Intellectual Property Law Association not accepted for filing. (To be corrected - September 9, 2025)
- Sep 05 2025Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. (Corrected)
- Sep 05 2025Brief amici curiae of Google LLC, et al. filed.
- Sep 05 2025Brief amicus curiae of Internet Society filed.
- Sep 05 2025Brief amicus curiae of Public Knowledge filed.
- Sep 04 2025Brief amicus curiae of Professor Charles Duan in support of neither party filed.
- Aug 29 2025Brief of petitioners Cox Communications, Inc., et al. filed.
- Aug 29 2025Brief of petitioners (reprinted), per filing of joint appendix, filed (Oct. 29, 2025). (Distributed)
- Aug 11 2025The Clerk has approved deferral of the preparation of the joint appendix. A joint appendix prepared as required by Rule 33.1 shall be filed on or before October 29, 2025. The parties will provide copies of their opening briefs on the merits that include citations to the pages of the joint appendix on or before November 10, 2025.
- Jul 18 2025Request to defer preparation of the joint appendix filed.
- Jul 17 2025Motion for an extension of time to file the briefs on the merits filed.
- Jul 17 2025Motion to extend the time to file (the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 29, 2025. The time to file respondents' brief on the merits is extended to and including October 15, 2025.
- Jun 30 2025Petition GRANTED.
- Jun 10 2025DISTRIBUTED for Conference of 6/26/2025.
- Jun 10 2025Supplemental brief of respondents Sony Music Entertainment, et al. filed. VIDED. (Distributed)
- May 27 2025Brief amicus curiae of United States filed. VIDED.
- Nov 25 2024The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Nov 06 2024DISTRIBUTED for Conference of 11/22/2024.
- Nov 04 2024Reply of petitioners Cox Communications, Inc., et al. filed. (Distributed)
- Oct 16 2024Brief of respondents Sony Music Entertainment, et al. in opposition filed.
- Sep 16 2024Brief amici curiae of Altice USA, Inc., et al. filed.
- Sep 12 2024Brief amicus curiae of Alfred C. Yen filed.
- Sep 03 2024Motion to extend the time to file a response is granted and the time is extended to and including October 16, 2024.
- Aug 30 2024Motion to extend the time to file a response from September 16, 2024 to October 16, 2024, submitted to The Clerk.
- Aug 15 2024Petition for a writ of certiorari filed. (Response due September 16, 2024)
- Jun 03 2024Application (23A1066) granted by The Chief Justice extending the time to file until August 16, 2024.
- May 28 2024Application (23A1066) to extend the time to file a petition for a writ of certiorari from June 17, 2024 to August 16, 2024, submitted to The Chief Justice.