The Supreme Court of the United States established, on Wednesday, by unanimous decision, that Internet service providers cannot be held liable when users pirate music online, AFP wrote.
Cox Communications had asked the Supreme Court to overturn a jury's verdict awarding $1 billion in damages to Sony Music Entertainment and other record labels. The provider had been accused of failing to take action against customers accused of illegally downloading copyrighted music.
The Supreme Court ruled in favor of Cox Communications in a 9-0 decision and said a provider is liable for music piracy “only if it intended the service provided to be used for copyright infringement.”
“A company is not liable in copyright infringement merely for providing a service to the general public, knowing that it will be used by some to infringe copyright,” the court said in the opinion written by Justice Clarence Thomas.
“Cox has repeatedly deterred copyright infringement by sending warnings, suspending services and terminating accounts,” according to the court.
“A supplier induces copyright infringement if it actively encourages it by specific acts,” the US Supreme Court explained. “Cox neither induced copyright infringement by its users nor provided a service adapted for infringement,” the court also held.
Company reaction: “Decisive victory for industry and the American people”
The provider welcomed the Supreme Court's decision, which it described as a “decisive victory for broadband and the American people who depend on reliable Internet service.”
“This opinion asserts that ISPs are not copyright policemen and should not be held liable for the actions of their customers,” the company said in a statement.
During Supreme Court arguments in December, Joshua Rosenkranz, a lawyer representing Cox, argued that there could be “cataclysmic” consequences if the court does not limit the company's copyright liability.
The only way an ISP can avoid legal liability is “to cut off the Internet, not only for the infringer, but for anyone else using the same connection,” Rosenkranz said.
Wednesday's decision was also hailed by the American Civil Liberties Union (ACLU), which hailed it as a “victory for free speech online.”
“If defined too broadly, secondary copyright liability for ISPs can pose a serious threat to free speech online,” ACLU attorney Evelyn Danforth-Scott said in a statement.
In contrast, the Recording Industry Association of America (RIAA) expressed its disappointment.
“To be effective, copyright law must protect creators and markets from harmful infringement,” said RIAA President and CEO Mitch Glazier.
PHOTO: Feng Yu | Dreamstime.com
