Cox Communications, Inc. v. Sony Music Entertainment · ¶27

The Fourth Circuit affirmed in part and reversed in part. It affirmed as to contributory liability because Cox continued to provide Internet service to known infringers. Applying Circuit precedent, it reasoned that “supplying a product with knowledge that the recipient will use it to infringe copyrights is exactly the sort of culpable conduct sufficient for contributory infringement.” 93 F. 4th 222, 236 (2024) (citing BMG Rights Mgmt. (US) LLC v. Cox Communications, Inc., 881 F. 3d 293, 308 (2018)). The Fourth Circuit reversed as to vicarious liability because it concluded that Cox did not “receiv[e] a direct financial benefit from its subscribers' infringement.” 93 F. 4th, at 233. The court then vacated the damages award and remanded for the jury to reassess damages based on contributory liability alone.

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