Sony: Cox Cert Petition 'Disingenuous'

Neither of the issues Cox Communications wants to bring before the U.S. Supreme Court -- the right standard for material contribution to copyright infringement and the willfulness standard for secondary liability -- "is worthy" of SCOTUS consideration, Sony told the high court Wednesday. In a docket 24-171 opposition to Cox's cert petition (see 2408160034), Sony said Cox's appeal of a 4th U.S. Circuit Court of Appeals decision upholding a finding of willful contributory copyright infringement against Cox for the piracy of some of its internet customers makes "contrived [and] disingenuous" arguments about the 4th forcing it to kick masses of subscribers off the internet. "Cox has no problem severing the 'internet lifeline for tens of thousands of homes and businesses'" when it comes to subscribers not paying their bills, it said. It urged rejection of the cert petition. Multiple internet service providers have backed Cox's cert petition (see 2409170001).