Record labels, including Sony Music, Warner Music Group, and Universal Music Group, have asked the U.S. Supreme Court to review a decision that nullified a $1 billion jury verdict they won against Cox Communications.
In a petition made public on Tuesday, the labels urged the high court to reconsider a ruling that absolved Cox of vicarious liability for enabling its users to pirate thousands of copyrighted songs.
The legal battle began in 2018 when over 50 labels joined forces to sue Cox, accusing the internet service provider of ignoring thousands of infringement notices and failing to take action against repeat offenders or implement reasonable measures to deter piracy. In 2019, a Virginia jury found Cox liable for its customers’ violations of more than 10,000 music copyrights, resulting in a $1 billion damages award.
However, in February, the Richmond-based 4th U.S. Circuit Court of Appeals overturned the jury’s decision, ruling that Cox was not vicariously liable for its users’ copyright infringement. The appeals court did, however, uphold the jury’s finding that Cox was liable on other grounds, which Cox is challenging in a separate Supreme Court petition.
The record labels argue in their petition that the vicarious-liability decision should be reinstated because Cox profited from its customers’ piracy. They also contend that the 4th Circuit’s decision is inconsistent with rulings from other circuit courts on similar issues.
The case, titled Sony Music Entertainment v. Cox Communications, Inc., is before the U.S. Supreme Court under docket number 24-181.
Representing the labels are Cate Stetson and Jo-Ann Sagar of Hogan Lovells, along with Matthew Oppenheim, Scott Zebrak, and Jeffrey Gould of Oppenheim + Zebrak. Cox is represented by Joshua Rosenkranz and Christopher Cariello of Orrick Herrington & Sutcliffe, and Roman Martinez of Latham & Watkins.
