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1 1 (April 7, 2026)

handle is hein.crs/goveufz0001 and id is 1 raw text is: Supreme Court Limits Secondary Copyright Liability for Internet Service Providers April 7, 2026 On March 25, 2026, the Supreme Court issued its decision in Cox Communications v. Sony Music Entertainment (Cox), which limited the liability of internet service providers (ISPs) for the copyright infringements of their users. Cox clarified the legal standard for contributory infringement, a doctrine under which a party can sometimes be held responsible for copyright infringement committed by another person. Cox held that that contributory copyright infringement requires intent, which can be shown only if the party induced the infringement or the provided service is tailored to that infringement. The plaintiffs in Cox had obtained a $1 billion jury verdict against the ISP based on evidence that Cox had continued to provide internet access to certain subscribers after these accounts had been repeatedly flagged for illegally downloading copyrighted works. The Supreme Court held that this evidence was legally insufficient to show the necessary intent, explaining that merely providing a service to the general public with knowledge that it will be used by some to infringe copyrights does not make an ISP liable for copyright infringement. In effect, the ruling in Cox confines the doctrine of contributory copyright infringement to two theories that the Court previously recognized inMetro-Goldwyn-Mayer Studios Inc. v. Grokster Ltd. (Grokster) and Sony Corp. ofAmerica v. Universal City Studios, Inc. (Sony). Following Cox, it will generally be harder for copyright owners to hold online platforms like ISPs, artificial intelligence (AI) companies, or e-commerce websites liable for the infringing activities of their users. The decision in Cox was unanimous in reversing the lower-court jury verdict. Justice Thomas wrote the opinion of the Court. Justice Sotomayor, joined by Justice Jackson, concurred only in the judgment, agreeing with the result but arguing that the Court's opinion unnecessarily limits secondary liability. This Sidebar reviews the copyright law underlying the dispute in Cox, the history of the case in the lower courts, the Court's March 2026 decision, and selected considerations for Congress. Congressional Research Service https://crsreports.congress.gov LSB11416 CRS Legal Sidebar Prepared for Members and Committees of Congress