The Supreme Court has requested input from the Department of Justice (DOJ) regarding the ongoing copyright infringement case between Cox Communications and major record labels.

The case centers on allegations that Cox failed to properly address repeat copyright infringement by its customers, despite receiving violation notices. In 2019, a jury ordered Cox to pay $1 billion in damages, but in February 2024, an appellate court partially reversed this decision by:

• Ruling Cox not liable for vicarious infringement
• Overturning the $1 billion verdict
• Ordering a new trial to recalculate damages

Both parties sought rehearings: the labels to maintain the full $1 billion penalty, and Cox to challenge remaining liability issues, including whether a secondary infringer can face enhanced statutory damages for willful infringement based on knowledge of user violations.

After the appellate court declined to review its ruling, both parties attempted to bring their case to the Supreme Court. The Court has now requested the DOJ's Solicitor General to submit a brief expressing the United States' position on the matter.

This case holds significant precedential value, particularly as similar rightsholder-versus-ISP infringement cases continue, including a recent action by major labels against Verizon filed in summer 2024.

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