In a significant development, the Supreme Court has requested input from the Department of Justice (DOJ) regarding the ongoing copyright infringement case between Cox Communications and major record labels.

The case centers on allegations that Cox failed to properly address repeat copyright infringement by its customers, despite receiving infringement notices. A jury initially awarded the major labels $1 billion in damages in late 2019.

However, in February 2024, an appellate court overturned the verdict, ruling that Cox wasn't liable for vicarious infringement. The court ordered a new trial to recalculate damages, prompting both parties to seek Supreme Court review.

Key developments:

• Major labels want Cox to pay the full $1 billion
• Cox challenges both the upheld elements and liability questions
• Cox argues against willful infringement classification for secondary infringers
• Appellate court declined to review its ruling

The Supreme Court has now invited the Solicitor General to file a brief expressing the United States' position on the case. This input will be crucial, as the case could set important precedents for future ISP copyright infringement cases.

The outcome of this case holds particular significance as similar rightsholder-versus-ISP battles continue, including a recent case where major labels sued Verizon for alleged copyright infringement, which Verizon seeks to dismiss as "legally deficient."

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