[Governance] RECORDING – SCOTUS Cox v Sony Oral Arguments
Joly MacFie
joly at punkcast.com
Tue Dec 2 06:12:42 EST 2025
[image: ISOC LIVE] <https://isoc.live/>*AUDIO
<https://archive.org/download/scotus_cox_v_sony/scotus_cox_v_sony.mp3> | RECAP
<https://www.patreon.com/posts/144875895/> | ARCHIVE
<https://archive.org/details/scotus_cox_v_sony> | PERMALINK
<https://isoc.live/19900>*
On *December 1, 2025*, the *U.S. Supreme Court
<https://www.supremecourt.gov/>* heard *Cox Communications v. Sony Music
Entertainment
<https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/24-171.html>*,
a case testing whether Internet service providers can be held liable for
copyright infringement by their users when the ISP continues providing
service after receiving repeated infringement notices.
Cox and the U.S. government argued that secondary copyright liability
requires intentional facilitation or inducement, not mere knowledge. They
warned that a knowledge-based standard would force ISPs to cut off Internet
access to entire buildings, campuses, and communities, undermining speech
and commerce. Sony argued that Cox knowingly continued to serve habitual
infringers and, under common law, intent can be inferred when infringement
is substantially certain to continue.
The Justices focused on the divide between knowledge and purpose, the role
of the *DMCA safe harbor <https://www.copyright.gov/512/>*, and the
real-world impact on shared networks. The decision could significantly
reshape the balance between copyright enforcement and universal Internet
access.
--
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Joly MacFie +12185659365
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