Cox Seeks SCOTUS Review of 4th Circuit Online Piracy Ruling

The 4th U.S. Circuit Court of Appeals' decision about a broadband provider's liability for digital piracy that its subscribers commit is "the most draconian secondary liability regime" in the nation, according to Cox Communications. The decision defies U.S. Supreme Court precedent and departs from three other circuit courts, Cox noted in a cert petition Thursday. The company is seeking review of the appellate court's February decision upholding a district court jury’s finding of willful contributory copyright infringement against Cox Communications for the piracy of some of its 6 million internet customers (see 2402210027). Cox said the 4th Circuit created a three-way circuit split on the proper threshold for material-contribution liability, with the 2nd and 10th circuits requiring culpable conduct and the 9th demanding only that service providers take reasonable measures to prevent infringement. "Only the Fourth diverges entirely," it said. Sony Music Entertainment -- the lead plaintiff of the music labels that sued Cox and received a $1 billion jury verdict in 2019 (see 1912300025) -- didn't comment Friday.