Cox Communications, Inc. v. Sony Music Entertainment · ¶58

To determine whether Cox may be held liable, the majority starts by correctly explaining that “[t]he provider of a service is contributorily liable for the user's infringement only if it intended that the provided service be used for infringement.” Ante, at 592; see infra, at 602–608. The majority, however, errs in the very next sentence. It asserts, with no meaningful explanation, that “[t]he intent required for contributory liability can be shown only if the party induced the infringement or the provided service is tailored to that infringement.” Ante, at 593. Because plaintiffs do not satisfy those theories of contributory liability, according to the majority, their claims cannot succeed.

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