Cox Communications, Inc. v. Sony Music Entertainment · ¶37

This Court has repeatedly made clear that mere knowledge that a service will be used to infringe is insufficient to establish the required intent to infringe. In Kalem Co., the Court explained that “mere indifferent supposition or knowledge on the part of the seller” that the buyer will use the product unlawfully is “not enough” to make the seller liable for the buyer's conduct. 222 U. S., at 62. In Sony, the Court explained that “[t]here is no precedent in the law of copyright” for liability based only “on the fact that [the defendant] has sold equipment with constructive knowledge of the fact that its customers may use that equipment to make unauthorized copies of copyrighted material.” 464 U. S., at 439. And, in Grokster, the Court confirmed that “a court would be unable to find contributory infringement liability merely based on a failure to take affrmative steps to prevent…

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