BY Brenden AckermanMarch 26, 2026
2 months ago
BY 
 | March 26, 2026
2 months ago

Supreme Court unanimously shields Cox Communications from liability for customers' illegal music downloads

The Supreme Court ruled unanimously on Wednesday that internet service provider Cox Communications cannot be held liable for the copyright violations committed by its customers, reversing a jury verdict and lower-court rulings in a case brought by major record labels led by Sony Music Entertainment.

The decision wipes out what had been a landmark win for the music industry, which had argued that Cox knowingly turned a blind eye to rampant illegal downloading on its network. The 4th U.S. Circuit Court of Appeals had already thrown out a jury award of more than $1 billion against Cox, but it partially upheld the verdict, AP News reported. Now even that partial victory is gone.

Justice Clarence Thomas wrote for the court: "Cox neither induced its users' infringement nor provided a service tailored to infringement."

That single sentence carries enormous weight. It draws a clear line between providing a general-purpose service and actively facilitating wrongdoing. The distinction matters, and not just for Cox.

The Right Call on Corporate Liability

Cox Communications provides internet service to more than 6 million homes and businesses in more than a dozen states. The record labels' argument, stripped to its essence, was that because some of those millions of customers illegally downloaded music, Cox itself should pay.

Cox pushed back, stating that ISPs "are not copyright police." And the Supreme Court agreed.

This is a straightforward application of a principle conservatives have long defended: companies that provide neutral platforms and services should not be conscripted into policing the behavior of every individual who uses them. The alternative would have turned every internet provider into an enforcement arm of the recording industry, terminating customers' internet access over what Cox described as a "couple of accusations of infringement."

Think about what the record labels were actually asking for. They wanted ISPs to monitor user activity, adjudicate copyright claims, and cut off internet service to accused customers, all without the involvement of a court. That is not how due process works. That is not how any of this should work.

The Music Industry's Losing Strategy

Justice Thomas acknowledged that music companies "have struggled to protect their copyrights in the age of online music sharing." That's true, and it's a real problem. Copyright is property, and property rights deserve protection.

But the solution to that problem was never to offload enforcement costs onto ISPs and, by extension, onto the millions of customers who use the internet lawfully. The music industry tried this approach, secured a billion-dollar jury verdict, and watched every level of the judiciary dismantle it.

Mitch Glazier, chairman and CEO of the Recording Industry Association of America, said the verdict had been "based on overwhelming evidence that the company knowingly facilitated theft." The Supreme Court looked at that same record and reached the opposite conclusion. Unanimously.

That unanimity is worth noting. This wasn't a 5-4 ideological split. Every justice on the bench agreed that the record labels' theory of liability didn't hold.

Why This Matters Beyond Music

The implications here reach well beyond the recording industry. If the Court had ruled the other way, every company that provides a general-purpose service could have been dragged into liability for how individual customers misuse it. Cell carriers. Cloud storage providers. Email services. The list is endless.

The left has spent years arguing that tech platforms bear responsibility for the content and conduct of their users. Sometimes that argument is about speech. Sometimes it's about copyright. Sometimes it's about "misinformation." The underlying logic is always the same: if bad things happen on your network, you should have stopped them.

That logic is seductive and corrosive. It creates a regime where private companies are pressured to surveil and punish their own customers, not because a court ordered it, but because the cost of not doing so becomes too high. It is regulated by litigation, and it almost always falls hardest on ordinary people who lose access to essential services over unproven allegations.

The Supreme Court just closed one door to that outcome. Others remain open.

Property Rights Still Need Real Enforcement

None of this means copyright holders are without recourse. They can pursue the individuals who actually infringe. They can work with law enforcement. They can innovate their business models, as many already have through streaming. What they cannot do is deputize an ISP to do their enforcement for them and then sue the ISP when it refuses.

Conservatives should welcome this ruling. It protects property rights by keeping liability where it belongs: on the people who actually violate the law. It rejects the collectivist impulse to punish an entire service provider for the actions of a few. And it does so with the full, unanimous backing of the Court.

The record labels wanted Cox to be their cop. Nine justices said no.

Written by: Brenden Ackerman
Brendan is is a political writer reporting on Capitol Hill, social issues, and the intersection of politics and culture.

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