Bloomberg Law SCOTUS on Music Piracy & Asylum
Dec 4, 2025
Intellectual property litigator Terence Ross dives into the intricacies of the Supreme Court's oral arguments in a $1 billion music piracy case involving Cox Communications. He explains the complexities of ISP liability and shares insights on the justices' leanings, particularly Justice Alito's unique stance. Additionally, immigration expert Leon Fresco discusses an asylum case, delving into the implications of different review standards and recent policy changes that affect asylum processing. It's a captivating exploration of pivotal legal battles!
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ISP Liability Versus Longstanding Precedent
- The Supreme Court is weighing whether ISPs can be liable for contributory infringement when they know customers pirate music but don't cut service.
- Longstanding precedent treats providing a service knowingly used for infringement as contributory liability, complicating Cox's defense.
Compliance Emails That Swayed The Jury
- Cox's internal compliance emails revealed a cavalier attitude toward copyright, including an email saying "F the DMCA."
- The jury saw those messages and awarded roughly $1 billion in damages against Cox.
Weak 'Three-Strikes' Enforcement Eroded Defense
- Cox's enforcement policy drifted from a three-strikes rule to a 13-strikes policy that reset every six months and capped notices received.
- Those relaxed rules and notice caps undercut Cox's claim it acted responsibly to curb mass infringement.