Cox Communications, Inc. v. Sony Music Entertainment · ¶81

In this scenario, the regional ISP is akin to the middlemen in Smith & Wesson: Like the middlemen who purchased lawful frearms and then redirected them to a mix of lawful and unlawful dealers, the regional ISP is purchasing lawful internet service and redirecting it to a range of users, some of whom will use the service lawfully and some who will use it unlawfully. See id., at 294–296. Furthermore, just as the gun manufacturers in Smith & Wesson did not have control over the middlemen, Cox similarly does not have control over the regional ISP. Id., at 295–296. Given this degree of removal from the infringing activity and Cox's incomplete knowledge, Cox cannot be found to have intended to aid in any specific instance of infringement committed using the connection that Cox provides to the regional ISP. The same is true for connections Cox provides to university housing, hospitals,…

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